Planned unit developments are a distinct category of conditional use permits intended to allow flexibility in the application of the standards of this title for significant development proposals that provide amenities to the community beyond those required of conventional development applications. The planned unit development process seeks to achieve the following specific purposes:

   A.   Encourage creativity, flexibility, sustainability, and environmental sensitivity in the development of land and the design of structures.

   B.   Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, utilities, circulation systems, parking, and other facilities.

   C.   Facilitate development that is consistent with City land use policies, particularly in areas designated for potential redevelopment.

   D.   Encourage development that preserves and enhances the natural features, environmental resources, watercourses, and topography of the site.

   E.   Facilitate the provision of public and private open space, recreational facilities, and other amenities that will enhance the character of the site.

(Ord. 22-26, 4-5-2022)

   A.   Conditional Use Permit Standards: A planned unit development shall be granted in accordance with the procedures, standards, and requirements of this section, Title 11, Chapter 6: District Regulations, and Title 11, Chapter 5 Conditional Uses. The ordinance granting or amending the planned unit development as a conditional use may depart or deviate from the standards, and requirements of this chapter.

   B.   Zoning District Exceptions: Planned unit developments are subject to the regulations of the zoning district in which they are located, unless exceptions from these regulations are approved by the City Council and found to be in accordance with section 11-20-5 (Standards for Planned Unit Developments).

   C.   Subdivision Plats And Building Permits: When applied for separately, approval of a planned unit development is required prior to approval of a subdivision plat in accordance with Title 12 - Chapter 3: Application Requirements, Forms and Fees. However, a planned unit development and a subdivision plat may be applied for and approved concurrently as determined by the Zoning Administrator.

   D.   Existing Integrated Design District Developments Made Lawful. All Integrated Design District (IDD) Developments approved prior to the adoption of this chapter shall be considered Planned Unit Developments and remain lawful. IDD Developments shall be allowed to be reestablished so long as the development remains in compliance with the approved IDD Ordinance and associated plans.

   E.   Pending Integrated Design District Development Applications: If an application for an Integrated Design District Development has been applied for prior to the effective date of this chapter, then said application shall follow the most applicable planned unit development procedure outlined in section 11-20-3 (Procedure) as determined by the Zoning Administrator.

(Ord. 22-26, 4-5-2022)

An application for a planned unit development shall follow a four-step procedure, which includes a pre-application consultation, an optional concept plan consultation, a preliminary plan, and a final plan. The applicant may submit concurrent applications for the preliminary plan and final plan, in which case the preliminary plan and the final plan shall be comprised of the same document in accordance with subsection D (Final Plan). Requests for concurrent review of applications for preliminary and final plan shall be reviewed by the Zoning Administrator who may approve or deny the request based on the scope of the project.

   A.   Pre-Application Consultation: The purpose of the pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate City staff prior to preparation of the optional concept plan or preliminary plan.

      1.   Action By The Zoning Administrator:

         a.   Prior to filing a formal application for a planned unit development, the applicant shall arrange a pre-application consultation with the Zoning Administrator to discuss the proposed planned unit development.

         b.   The Zoning Administrator and appropriate City staff shall meet with the applicant to discuss the proposed planned unit development and the requirements for a planned unit development application.

         c.   The Zoning Administrator shall provide advice and assistance to the applicant after determining the nature of the exceptions required from this chapter and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the City.

         d.   Any advice and assistance provided by the Zoning Administrator and City staff shall not be binding upon the City Council or Planning and Zoning Commission with respect to the formal planned unit development application.

   B.   Optional Concept Plan Consultation: The purpose of the optional concept plan consultation is to allow the applicant to obtain information and guidance from the Planning and Zoning Commission and City Council prior to preparation of the preliminary plan.

      1.   Action By The Planning And Zoning Commission:

         a.   Prior to filing a formal application for a planned unit development, the applicant may arrange a concept plan consultation with the Planning and Zoning Commission to discuss the proposed planned unit development.

         b.   The Planning and Zoning Commission shall meet with the applicant to discuss the proposed planned unit development and the requirements for a planned unit development application.

         c.   The Planning and Zoning Commission shall provide information and guidance to the applicant after determining the nature of the exceptions required from this chapter and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the City.

         d.   Any views expressed by the Planning and Zoning Commission shall be deemed to be advisory and only the individual views of the member expressing them. The views expressed shall not prejudice any rights of the applicant or obligate the Planning and Zoning Commission to recommend approval or denial of any formal application.

      2.   Action By The City Council:

         a.   Following a meeting with the Planning and Zoning Commission to discuss a proposed planned unit development, the applicant may also arrange a concept plan consultation with the City Council to discuss the proposed planned unit development.

         b.   The City Council shall meet with the applicant to discuss the proposed planned unit development and the requirements for a planned unit development application.

         c.   The City Council shall provide information and guidance to the applicant after determining the nature of the exceptions required from this chapter and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the City.

         d.   Any views expressed by the City Council during concept plan consultation shall be deemed to be preliminary and only the individual views of the member expressing them. The views expressed shall not prejudice any rights of the applicant or obligate the City Council, or any member of it, to recommend approval or denial of any formal application.

   C.   Preliminary Plan: The purpose of the preliminary plan is to allow the applicant to obtain a preliminary recommendation from the Planning and Zoning Commission and preliminary approval from the City Council prior to preparation of the final plan.

      1.   Action By The Zoning Administrator:

         a.   Applications for a preliminary plan for a planned unit development and a conditional use permit shall be filed concurrently with the Zoning Administrator in accordance with Title 11, Chapter 4: Filing Procedures and the requirements for a planned unit development application. Applications shall not be filed prior to completion of the pre-application consultation.

         b.   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and City policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon the standards of section 11-20-5 (Standards for Planned Unit Developments), section 11-15-5 (Approval Criteria for Conditional Use Permits) and schedule the application for consideration by the Planning and Zoning Commission.

      2.   Action By The Planning And Zoning Commission:

         a.   The Planning and Zoning Commission shall conduct a public hearing on a proposed preliminary plan for a planned unit development and a conditional use permit in accordance with subsection 11-4-3F (Public Hearing) within sixty (60) days after receipt of a complete application. The sixty (60) day period may be extended with the written consent of the applicant. Notice for the public hearing shall be in accordance with section 11-4-6 (Public Notice).

         b.   The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and the standards of section 11-20-5 (Standards for Planned Unit Developments) and section 11-15-5 (Approval Criteria for Conditional Uses).

         c.   The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application.

            (1)   In recommending approval of a preliminary plan for a planned unit development and a conditional use permit, the Planning and Zoning Commission may recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development and the conditional use as deemed necessary to protect the public interest.

            (2)   In recommending approval of a preliminary plan for a planned unit development and a conditional use permit, the Planning and Zoning Commission may recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

         d.   The Planning and Zoning Commission shall forward its recommendation to the City Council within thirty (30) days after the close of the public hearing.

      3.   Action By The City Council:

         a.   The City Council shall consider the application within sixty (60) days after receiving the recommendation of the Planning and Zoning Commission. The sixty (60) day period may be extended with the written consent of the applicant.

         b.   The City Council shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and the standards of section 11-20-5 (Standards for Planned Unit Developments) and section 11-15-5 (Approval Criteria for Conditional Uses).

         c.   The City Council shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Planning and Zoning Commission for further consideration. In approving a preliminary plan for a planned unit development and a conditional use permit, the City Council may:

            (1)   Identify conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development and the conditional use as deemed necessary to protect the public interest, to be imposed at such time as final plan approval of the planned unit development is granted.

            (2)   Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions.

         d.   Following approval of a preliminary plan for a planned unit development and a conditional use permit, the applicant shall be entitled to submit a final plan for the planned unit development.

   D.   Final Plan: The purpose of the final plan is to allow the applicant to obtain final approval of the planned unit development from the City Council.

      1.   Action By The Zoning Administrator:

         a.   Applications for a final plan for a planned unit development shall be filed with the Zoning Administrator in accordance with Title 11, Chapter 4: Filing Procedures and the requirements for a planned unit development application. Applications shall be filed within one year after approval of the preliminary plan.

         b.   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and City policies, the Zoning Administrator shall determine whether the final plan is in conformance with the approved preliminary plan and any conditions and guarantees deemed necessary by the City Council.

         c.   If the final plan is in substantial conformance with the approved preliminary plan, the Zoning Administrator shall prepare a report for the City Council recommending approval of the final plan and schedule the application for consideration by the City Council.

         d.   If the final plan is not in substantial conformance with the approved preliminary plan, the Zoning Administrator shall allow the applicant to revise any parts of the application that are not in substantial conformance with the preliminary plan prior to preparing the report, and shall allow the applicant to resubmit the application as a final plan in accordance with the requirements of this Section.

      2.   Action By The City Council:

         a.   The City Council shall consider the application within thirty (30) days after receiving the report of the Zoning Administrator recommending approval of the final plan. The thirty (30) day period may be extended with the written consent of the applicant.

         b.   The City Council shall take action in the form of approval, approval with conditions, or denial of the application.

         c.   Upon approval of the final plan by the City Council, the use of land and the construction or modification of any buildings or structures on the site will be governed by the approved final plan rather than by other provisions of this chapter.

(Ord. 22-26, 4-5-2022)

A final plan for an approved planned unit development may be amended in accordance with the requirements of this section.

   A.   Major Amendments: Any change to an approved final plan that substantially affects the essential design, composition, and character of the planned unit development shall be considered a major amendment. Any amendment that is not established as a minor amendment in subsection B (Minor Amendments) shall also be considered a major amendment. The City Council shall make a decision on a request for a major amendment after receiving a recommendation from the Planning and Zoning Commission in accordance with subsection 11-20-3C (Preliminary Plan).

   B.   Minor Amendments: Any change to an approved final plan that minimally affects the essential design, composition, and character of the planned unit development shall be considered a minor amendment. The Zoning Administrator shall make a decision on a request for a minor amendment in accordance with subsection 11-20-3C (Preliminary Plan). The Zoning Administrator may determine that the application shall be resubmitted as a major amendment in accordance with subsection A (Major Amendments). Minor amendments shall include the following:

      1.   Any change in the proportion of land uses in the development by less than ten (10) percentage points.

      2.   Any change in the number of off-street parking spaces provided within the development by less than ten percent (10%).

      3.   Any change in the gross floor area of the development by less than ten percent (10%).

      4.   Any change in the building height of the development by less than ten percent (10%).

      5.   Any change in the proportion of the lot coverage of the development by less than ten (10) percentage points.

      6.   Any change in the location or dimensions of walkways, driveways, streets, parking facilities, and loading facilities within the development by less than five feet (5').

(Ord. 22-26, 4-5-2022)

The City Council, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for planned unit developments with specific written findings based on a balance of both the standards of this Section and the approval criteria for conditional uses in accordance with section 11-15-5 (Approval Criteria for Conditional Uses).

   A.   The proposed planned unit development fulfills the objectives of the Comprehensive Plan, and other land use policies of the City, through an innovative and creative approach to the development of land.

   B.   The proposed planned unit development will provide walkways, driveways, streets, parking facilities, loading facilities, exterior lighting, and traffic control devices that adequately serve the uses within the development, promote improved access to public transportation, and provide for safe motor vehicle, bicycle, and pedestrian traffic to and from the site.

   C.   The proposed planned unit development will provide landscaping and screening that enhances the City's character and livability, improves air and water quality, reduces noise, provides buffers, and facilitates transitions between different types of uses.

   D.   The proposed planned unit development will provide site design and development that is based on sustainable principles to ensure that low impact alternatives are integrated into the proposed project.

   E.   The proposed planned unit development will protect the community's natural environment to the greatest extent practical, including existing natural features, water courses, trees, and native vegetation.

   F.   The proposed planned unit development will be provided with underground installation of utilities when feasible, including electricity, cable, and telephone, as well as appropriate facilities for storm sewers, stormwater retention, and stormwater detention.

(Ord. 22-26, 4-5-2022)

Planned unit developments may be granted exceptions from zoning district regulations if the applicant demonstrates that the development will provide amenities to the City that are not required from conventional development applications. The amenities to be considered by the City Council, Planning and Zoning Commission, and Zoning Administrator shall be appropriate for the scale of the planned unit development and may include, but are not limited to, the following:

   A.   Establishment of community amenities, such as plazas, gardens, public art features, outdoor seating areas, pedestrian facilities, and transit facilities.

   B.   Establishment of open space amenities, such as playing fields, playgrounds, swimming pools, and fitness facilities.

   C.   Enhancement of the community's natural environment, including existing natural features, water courses, trees, and native vegetation.

   D.   Preservation and enhancement of the community's cultural resources and historic places.

   E.   Provision of public infrastructure improvements that exceed the requirements of the planned unit development, such as enhancements to rights-of-way, stormwater management systems, and sewer systems.

   F.   Incorporation of sustainable development techniques, such as meeting the requirements of LEED or LEED-equivalent rating systems.

   G.   Provision of residential dwelling units for affordable housing or senior housing.

   H.   Provision of residential dwelling units with accessible features that exceed the requirements of the Americans with Disabilities Act.

(Ord. 22-26, 4-5-2022)

   A.   Preliminary Plan Expiration: Preliminary plan approval shall expire and be revoked if a complete application for the final plan has not been filed within one year after approval of the preliminary plan by the City Council. The applicant may extend this one-year period by means of a written request filed with the Zoning Administrator at least thirty (30) days prior to the expiration of the period, which shall be approved by the City Council.

   B.   Final Plan Expiration: Final plan approval shall expire and be revoked if a building permit has not been filed within one year after approval of the final plan by the City Council. The applicant may extend this one-year period by means of a written request filed with the Zoning Administrator at least thirty (30) days prior to the expiration of the period, which shall be approved by the City Council.

(Ord. 22-26, 4-5-2022)