A Planned Unit Development (PUD) is designed to accommodate appropriate combinations of uses that may be planned, developed, and operated as integral land use units either by a single owner or a combination of owners. The purpose of a PUD is to accomplish some, or all of the following:

   A.   Foster and promote a variety of appropriate land use combinations in a preplanned development pattern;

   B.   Encourage developers to use a creative approach in land development;

   C.   Retain and conserve natural land and topographic features;

   D.   Promote greater use of streetscape and pedestrian oriented aesthetics;

   E.   Promote the creation and efficient use of open spaces;

   F.   Create flexibility and variety in the location of improvements on lots;

   G.   Provide flexibility in development standards to facilitate creative land development concepts. (Ord. 1702, 11-23-2020)

Every PUD requires a PUD permit. A PUD shall be subject to applicable development requirements set forth in this code. Whenever there is a conflict or difference between the provisions of this code, the provisions of this chapter shall prevail. (Ord. 1702, 11-23-2020)

An application for approval of a PUD may be filed by a property owner(s) or a person having an existing interest in the property to be included in the PUD. The PUD application shall be filed in the name of the recorded owner of property included in the development. However, the application may be filed by the holder(s) of an equitable interest in such property. In all applications, sufficient proof that the record owner of the property consents to the submission and processing of the application must be present prior to the zoning official reviewing the application for completeness. The zoning official may require the applicant to submit a title report for the subject property to verify ownership. (Ord. 1702, 11-23-2020)

   A.   Approval Standards: The council may approve a PUD in accordance with the following standards:

      1.   Underlying Zoning District: Each PUD shall accompany a request to rezone a subject property to one or more underlying zoning districts that shall comply with the comprehensive plan.

      2.   Use Regulations: Land uses in a PUD shall conform to the standards and regulations of the underlying zoning district(s), unless otherwise approved and included within the PUD.

      3.   PUD Property Development Standards For All Land And Buildings In The Requested PUD:

         a.   Development requirements for each PUD shall be set forth in the written commitment document and shall include, but not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, multiuse transportation access and pathways, screening, landscaping, architectural standards, design standards, project phasing or scheduling, management associations, and other requirements as the planning and zoning commission and/or the city council may deem appropriate.

         b.   The PUD shall conform to all sections of this title unless specifically addressed in the written commitment document. All applications to the city shall list all requested variations from the standard requirements. Applications without this list shall be considered incomplete.

         c.   A PUD subject parcel(s) shall be a minimum of three (3) acre unless the city council finds that property of less than three (3) acre is suitable as a PUD by virtue of:

            (1)   Unique character; or

            (2)   Infill development; or

            (3)   Topography or landscaping features; or

            (4)   Qualifying as an isolated problem area.

         d.   A PUD conceptual development plan shall include a conceptual development plan that illustrates the standards contained therein. This plan shall be submitted by the applicant at the time the zoning and PUD request is submitted. The PUD conceptual development plan shall include:

            (1)   The plan shall show the applicant's intent for the use(s) of the land within the proposed PUD in a visual manner and be supported by written documentation of proposals and standards for development.

            (2)   Dependent on the nature of the PUD request, this plan may be submitted as a residential plan, non-residential plan, or a mixed-use combination plan. For a mixed-use development, the plan shall comply with requirements for both the residential and non-residential plans.

               (A)   Residential Conceptual Development Plan: A conceptual development plan for residential land use shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. The plan shall include, but is not limited to, the proposed general land use, streets, thoroughfares, storm drainage, and preliminary lot arrangements. The applicant shall submit text material to further explain the characteristics of the plan, which may include, but shall be not limited to, multiuse transportation access and pathways, density, building height, screening, landscaped areas, project scheduling, parks and open space, and other pertinent development data. The applicant shall also submit color renderings or elevations to illustrate proposed architectural standards or requirements.

               (B)   Non-Residential Conceptual Development Plan: A conceptual development plan for non-residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. The applicant shall also submit text material to further explain the characteristics of the plan. The plan and text material shall include, but is not limited to, the types of use(s), topography and boundary of PUD subject parcel, the size, type and location of buildings and building sites, proposed ingress and egress, physical features of the site, existing streets, stormwater management, alleys and easements, location of future public facilities, multiuse transportation access and pathways, building height and location, parking, landscaping, screening, project scheduling and other information to adequately describe the proposed development and to provide data for approval that is to be used in preparing the final development plan(s). The applicant shall also submit color renderings or elevations to illustrate proposed architectural standards or requirements.

         e.   Conformance To The Conceptual Development Plan: Final development plans, including plats, construction plans, and/or site plans, submitted for the development of the PUD subject parcel(s) shall conform to the approved conceptual development plan. Details on the final development plan(s) with minor variations from the conceptual development plan may be approved by the City Planner, or designated city official without public hearing. If it is determined that a proposed change(s) constitutes a departure from the conceptual development plan and/or the development standards, the PUD written commitment document shall be adequately amended using the initial approval process contained herein. Changes to any of the following items constitute a departure from the conceptual development plan and/or development standards, thus changing the basic relationship of the proposed development to the adjacent property:

            (1)   The permitted uses;

            (2)   Increase in density;

            (3)   Increase in building height;

            (4)   Increase in building coverage of the site;

            (5)   Reduction in the off-street parking ratio;

            (6)   Reducing the building setbacks provided at the boundary of the site;

            (7)   Reduction of any open space plans; or

            (8)   Alteration of the overall design theme, primary architectural elements, or building materials. (Ord. 1702, 11-23-2020)

Underground utility distribution and service facilities, including, but not limited to: telecommunications, fiber-optic line, water, sewer, irrigation, cable, and electrical systems, are required within the limits of all planned unit developments, appurtenances to these systems which must be effectively screened. (Ord. 1702, 11-23-2020)

   A.   Any applicant requesting approval of a PUD shall schedule a presubmittal meeting with the City Planner, or his/her designee.

   B.   The procedure for establishing a PUD shall follow the procedure for zoning district changes as set forth in section 9-6-3 of this title.

   C.   Each PUD written commitment document shall be signed and notarized by the property owner(s) and shall include the following:

      1.   A legal description of the PUD subject parcel boundary, including legal descriptions of each underlying zoning district, if multiple underlying districts are included.

      2.   A statement as to the purpose and intent of the PUD.

      3.   A list of the PUD development requirements that vary from the standard development requirements of the underlying zoning district.

      4.   An expected development schedule. If no development has occurred on the PUD subject parcel within the time identified, the planning and zoning commission and city council may review the original PUD development requirements and conceptual development plan to ensure their continued validity. If the city determines the concept is no longer valid, then:

         a.   The city may initiate a process to change the zoning classification; or

         b.   New PUD development requirements and/or a new conceptual development plan may be required to be approved prior to the city issuing a building permit for any portion of the PUD subject parcel.

      5.   A statement, signed by the property owner(s) and notarized, indicating a commitment to develop the subject parcel in conformance with the PUD.

   D.   The city council shall not adopt an ordinance rezoning the subject parcel until the property owner/developer has submitted a complete and signed PUD written commitment document. The signed PUD written commitment document shall be attached as an exhibit to the rezoning ordinance and recorded in the office of the county recorder.

   E.   Approval of a PUD shall be based on the following standards:

      1.   The proposed uses shall not be detrimental to any surrounding uses; nor shall they be detrimental to the health, safety and general welfare of the public.

      2.   Any variation from the underlying zoning district development requirements must be warranted by the design and amenities incorporated in the conceptual development plan.

      3.   The underlying zoning district and the conceptual development plan shall conform to the comprehensive plan.

      4.   Existing and/or proposed streets and utility services must be suitable and adequate for the proposed development. (Ord. 1702, 11-23-2020)