The purposes of this zone are to promote flexibility and innovation in the design of subdivisions and large-scale developments and to encourage the use of vacant, in-fill parcels in the built-up portion of the City. The zone also promotes open space in the project design. The planned unit development (PUD) allows greater flexibility of design to achieve the goals stated above.

In concept, the PUD is a combination of zoning designation and development plan. A detailed development plan is required for permitting. Development must follow the development plan exactly. Failure in this respect will result in reversion of the property to the original zoning.

Although design innovation is encouraged, and flexibility is allowed, the PUD may not be used simply as a method of avoiding zoning regulations. The Planning Commission shall consider a PUD proposal only if it meets at least one of the following threshold criteria.

PUDs may be residential, commercial, industrial or mixed-use in nature. The development plan shall clearly depict the proposed land uses.

Preapplication conference. Each prospective applicant shall confer with the Planning Commission in connection with the preparation of the application prior to the submission. At this conference, the following information and data shall be considered.

Development plan submittal. The PUD request shall follow the regular submittal schedule adopted by the Planning Commission.

The submittal shall include the following as a minimum:

Residential lot size. No minimum lot sizes are established, so the housing can be clustered or otherwise concentrated or arranged in planned locations on the site to take advantage of its natural features.

Open space reservation. In any planned unit development, the amount of land not used by buildings, accessory structures, and yards but required by the zoning of the site shall be maintained as open space for the purpose of providing parks, recreational facilities, ways for pedestrian movement and circulation, and conserving visually pleasing elements of the environment. Prior to the sale of any lot, site, home or other structure, a bond of sufficient surety determined by the Administrative Official shall be posted with the City for completion of said open space improvements prior to such sale. The development plan shall clearly depict the amount of land to be maintained as permanent open space.

Development density. The development plan shall clearly depict the proposed density by land use category. The resulting density shall not exceed the density allowed with the underlying zoning of the site.

Property owners' association. As part of the plan proposed for any planned unit development, the developer shall submit a set of covenants running with the land providing for an automatic membership in the property owners' association, to be an incorporated nonprofit organization, operating under recorded land agreements, through which each property owner in the planned unit development is automatically subject to a charge for an appropriate proportionate share of the expenses for maintaining the common property, open space and/or other activities of the association. Once established, the covenants shall continue and remain in force during the entire existence of the planned unit development.

Responsibility for open space. Nothing in this division of the code shall be construed as a responsibility of the City of Lincoln, either for maintenance or liability of the following, which shall include but not be limited to any private open areas, parks, recreational facilities. A hold-harmless clause shall be incorporated in the covenants running with the land to this effect.

It shall be provided further, however, that when an owner of a planned unit development desires to dedicate certain land areas to the City for public parks and recreational facilities, and the City approves the nature and location of such lands, and accepts the dedicated areas, the City shall be responsible for the operation and maintenance of these lands and properties.

Common open spaces. The size, shape, dimension and location of the common open spaces shall be determined by the Planning Commission in conjunction with the developer or applicant with consideration being given to the size and extent of the proposed development and the physical characteristics of the land being developed. Consideration should also be given in providing parks, recreational facilities, both active and passive, and pedestrian walkways.

Common open space shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvement running with the land for the benefit of the residents of the planned unit development. The developer shall file, at the time the approved final plat is filed, legal documents that will produce the aforesaid guarantees and, in particular, will provide for restricting the use of common open spaces for the designated purpose.

Landscaping plan. In order to minimize the disturbance of the natural environment, a general landscaping plan shall be required at the time of development plan submission showing the spacing, sizes, and specific types of landscaping material. The Planning Commission shall review the landscaping plan in conjunction with the review of the development plan.

The preservation of the natural amenities within the planned unit development shall be given due consideration, which shall include topography, trees, ground cover, natural bodies of water, and other significant natural features. Existing trees shall be preserved wherever possible. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. The Planning Commission shall inquire into the means whereby trees and other natural features will be protected during construction. Excessive site clearing of topsoil, trees and natural features before the commencement of building operations shall be discouraged by the Planning Commission.

Transportation. The vehicular circulation system shall be designed so as to permit smooth traffic flow with minimum hazards to pedestrian traffic. The design of collector or arterial streets shall conform to the City's Master Street Plan and shall not be interrupted by gates.

The pedestrian circulation system and its related walkways shall be insulated as reasonably as possible from the vehicular movement. This shall include, when deemed to be necessary by the Planning Commission, pedestrian underpass or overpass in the vicinity of schools, playgrounds, local shopping areas, and other neighborhood uses that generate a considerable amount of pedestrian traffic.

Land subdivision. In the construction and installation of all subdivision improvements in the planned unit development, said improvements shall conform to all requirements and standards as set forth in the City's Subdivision Regulations,[1] unless exceptions to the requirements are specifically approved by the Planning Commission and by the City Council as part of the PUD design.

The PUD shall provide public benefits that would not be achievable through the standard zoning regulations.

The PUD shall not reduce the level of service (LOS) for the surrounding traffic system.

The PUD shall conform in size, shape, and bulk to those in surrounding developments. The Planning Commission may make exceptions when adequate buffering is included with the PUD to shield adjoining uses from the adverse effects of higher land use intensities. The Planning Commission may also make exceptions when the PUD clearly represents a transitional development between developments or neighborhoods of differing densities or intensities of use.

The PUD shall be compatible with all adopted plans and policies of the City, including the Master Street Plan. If the PUD is not consistent with any of such plans or policies, the application must include with the PUD submittal a request to amend such plans or policies.

The PUD shall be designed in such a manner as to protect the public health, welfare and safety of the residents of the neighborhood in which it is located.

The PUD must be of a character and contain such uses that are needed in the area of the proposed project.

Approval of a PUD cannot result in the violation of regulations in the Arkansas Fire Prevention Code or in regulations issued by the Arkansas Health Department. Approval of the PUD cannot result in the reduction of standard engineering practices or in the drainage or water quality requirements of the City.

No changes are made to either the access or the egress to the PUD.

Any changes to internal traffic arteries do not alter overall traffic patterns, size of streets, or functional classification of streets.

No new streets are proposed for dedication.

No new private streets are proposed.

Overall residential density is not increased.

Overall drainage patterns are not altered.

No additional loads are placed on municipal utilities.

Retail and office space are not increased by more than 5%.

No open space is dedicated for public maintenance.