The PUD District is intended to provide for the development or redevelopment of land under the control and in accordance with an approved Master Plan. The development guidelines and standards in which land uses, transportation facilities, building densities, arrangements, and types are set out in a unified Master Plan in order to provide greater flexibility of land use, development densities, and building locations than other zoning districts may allow.

The PUD District is intended to maximize benefits from the use of open spaces, preserve natural areas and existing tree cover, protect steep slopes, maximize aesthetics, encourage certain architectural standards for buildings, and permit mixed uses and diversity of bulk regulations without endangering the general health, safety, welfare, and land value of surrounding and internal properties. A PUD may consist of a single use or a mix of residential, commercial, and limited industrial uses, provided such PUD is compatible with the Future Land Use Map and Comprehensive Plan of the City. It is not the intent of the PUD District to be utilized to reduce or provide relief from an existing zoning regulation or requirement. (Ord. 19-08, 7-1-2019)

   A.   Application: The owner or owners of a parcel of land within the zoning jurisdiction of the City may submit to the Zoning Administrator an application accompanied by a PUD Master Plan requesting a rezoning to PUD District. The application form, Master Plan (including number of copies), proposed development rules and regulations, design guidelines, and other submittal details and requirements shall be as determined by the Zoning Administrator as necessary to review the request. The required application fee shall be as determined by resolution of the City Council.

   B.   Review Process: The PUD Application shall be reviewed by the Zoning Administrator for completeness. Applications deemed incomplete shall be returned to the applicant with a list of the missing or incomplete items. Applications deemed complete shall be distributed by the Zoning Administrator to other City departments and agencies as necessary for review and comment as to its compliance with all zoning regulations and other pertinent City codes, regulations, standards, and policies.

Subsequent to review by the Zoning Administrator and other City departments and agencies, the Zoning Administrator shall submit to all members of the Planning and Zoning Commission a copy of the PUD Application along with a written recommendation as to the request's conformity with the rules and regulations of the City and may include a recommendation for approval, approval with conditions, or denial of the application.

The Planning and Zoning Commission shall subsequently hold a public hearing for a rezoning as prescribed by their rules of procedures and the Zoning Ordinance and review the PUD Application for conformity with the zoning regulations and standards and may confer with the applicant on changes to their request as may be deemed advisable. The Planning and Zoning Commission shall consider the following as part of their deliberation:

      1.   Compatibility with the Future Land Use Map and the Comprehensive Plan.

      2.   Land uses, building sizes and densities, and number of dwelling units.

      3.   Building types, functions, architecture, and building placement and setbacks.

      4.   Provisions for open space, landscaping, buffers, pedestrian circulation, and stormwater management.

      5.   Preservation and protection of natural features, drainageways, steep slopes, and existing tree cover.

      6.   Provisions for adequate public infrastructure including sanitary sewer and water service, stormwater run-off, public parks, and public safety services.

      7.   Traffic circulation and congestions including access to and from the site.

      8.   General relationship to and impact on the surrounding area and neighboring properties.

After the close of the public hearing and completion of its deliberation, the Planning and Zoning Commission may adopt a recommendation for approval or denial of the PUD Master Plan and associated development rules, regulations, and guidelines as submitted. The Planning and Zoning Commission may also request the developer agree to certain conditions or agree to make certain modifications, alterations, adjustments, or amendments to the proposed Master Plan and associated rules, regulations, and guidelines in order to secure a recommendation of approval from the Planning and Zoning Commission.

The Planning and Zoning Commission shall forward its recommendation to the City Council within sixty (60) days of the receipt of a PUD Application deemed complete by the Zoning Administrator. If the Planning and Zoning Commission does not act within the sixty (60) days as prescribed above, the PUD Application shall be deemed to have received a recommendation of approval by the Planning and Zoning Commission unless the applicant agrees to an extension of time.

Within sixty (60) days of receiving a recommendation from the Planning and Zoning Commission, the City Council shall hold a public hearing for a rezoning as prescribed by their rules of procedures and the Zoning Ordinance and review the PUD Application for conformity with the zoning regulations and standards. During this hearing, the City Council may confer with the applicant on changes to their request as may be deemed advisable in order to secure the approval by the City Council. The City Council may approve, approve with conditions or modifications as agreed to by the applicant, or deny the application. If the City Council fails to act within the herein prescribed 60-day period, the PUD Application shall be deemed to have been denied, unless both the applicant and the City Council agree to an extension of time.

Whenever any PUD Application has been denied by the City Council, no new application covering the same property, or the same property and additional property, shall be filed with or considered by the City Council until one year has elapsed from the date of the filing of the first application.

   C.   Recording Of The Master Plan And Associated Regulations And Guidelines: The ordinance providing for the rezoning of the property to the PUD Zoning District and the associated Master Plan, regulations, and guidelines as approved by the City Council shall be recorded at the Office of the Marion County Recorder and shall be binding on the property owners, their heirs, successors, or assigns. No phase of the PUD shall be started, and no building permits shall be issued until all documents have been recorded.

   D.   Modifications: Any application by the property owner or owners for modification to an approved PUD shall first be reviewed by the Planning and Zoning Commission. Said proposed modification along with a report from the Planning and Zoning Commission shall then be forwarded to the City Council with appropriate recommendations. The City Council shall then take such appropriate action on the proposed modification and their decision shall be final.

No modification may be considered that is more than a ten percent (10%) increase in density or change of uses of the site without a public hearing by the Planning and Zoning Commission and City Council as required for a rezoning. A public hearing may be held by the Planning and Zoning Commission or City Council on any requested modification. All modifications and adjustments shall be recorded at the Office of the Marion County Recorder.

   E.   Platting And Development: Prior to development within the PUD, applications for preliminary and final plats, site plans, and building permits that are in conformance with the provisions of the PUD shall be submitted for review in accordance with the City's regulations. At the applicant's own risk, Preliminary plats, final plats, and sites plans may be submitted and reviewed concurrently with the PUD Application process. (Ord. 19-08, 7-1-2019)

   A.   Master Plan Requirements: As part of a proposed PUD Application for rezoning, the property owner or developer shall prepare a Master Plan for the proposed PUD that shall be a scaled drawing depicting the generalized overall plan for development of the proposed PUD area and the following information:

      1.   Dimensions, legal descriptions, acreage, existing zoning, land use, and ownership of the area of the proposed PUD; and existing zoning, land use and ownership of contiguous properties within two hundred fifty feet (250').

      2.   PUD boundary, development phasing plan, and all existing and proposed property lines, street right-of-way lines, easements, and proposed PUD building and parking lot setbacks.

      3.   Delineation of each "phase" proposed with their land uses and bulk regulations identified.

      4.   Existing topography and conceptual stormwater management and drainage.

      5.   Existing and proposed streets, driveways, parking areas and other paved areas and anticipated parking requirements.

      6.   Existing and proposed locations of pedestrian walkways, trails, parks, recreation areas, open space, buffers, parking areas, schools, and anticipated traffic generation.

      7.   Proposed lot locations for all uses, and conceptual building locations and functions for all multiple-family residential and non-residential uses.

      8.   Existing and proposed buildings, uses, square footages, and number of dwelling units and density calculations.

      9.   Area and number of dwelling units, and anticipated floor area of non-residential buildings by "phase".

      10.   Existing tree masses, water channels, drainage ways, flood hazard areas, and other topographic or environmentally important characteristics.

      11.   Proposed privately-owned common areas and public ownership areas, including open space, parkland, and school sites.

      12.   Locations of existing or proposed Municipal utilities to serve the PUD and adjoining properties, including sanitary sewer, storm sewer, and water.

      13.   Other required stormwater management facilities and requirements.

      14.   Dimensions of all street right-of-way and paving widths, including all proposed easements.

      15.   Staging schedule of development, including anticipated year each phase of development is to be implemented.

      16.   Landscape areas proposed as part of PUD, to include location of shrubs, trees and earth berms.

      17.   Delineation of the traffic impacts that would result from the project and how they can be mitigated.

      18.   Details for any requirements for parkland dedication and compliance with the City trails master plan.

      19.   Conceptual building elevations including exterior building materials and colors.

      20.   Freestanding signage locations and concept plans.

      21.   Other details or information as may be required by the Zoning Administrator.

      22.   The Zoning Administrator may waive any of these required elements if determined unnecessary to ensure compliance with this section.

   B.   Density: A PUD shall not be in excess of the density set forth in the Comprehensive Plan Future Land Use Map of the City.

   C.   Regulations And Guidelines For The PUD: In conjunction with the submittal of a PUD Application and PUD Master Plan illustrating the location of each development "phase", there shall be prepared regulations and guidelines for the development of the PUD, and such matters shall be part of the consideration by the Planning and Zoning Commission and the City Council and incorporated within the ordinance providing for the rezoning of the property to a PUD.

The regulations and guidelines shall set forth the permitted land use, bulk regulations, transfer of development rights within the area of the PUD, height requirements, open space and landscaping requirements, architectural standards, sign regulations, buffer requirements, off-street parking and loading requirements, and other performance standards as required by the City for each phase designated within the PUD Master Plan. (Ord. 19-08, 7-1-2019)