(a)   It shall be the policy of the City to promote progressive development of land and construction thereon by encouraging planned unit development to achieve:

      (1)   A maximum choice of living environments by allowing a variety of housing and building types.

      (2)   A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services.

      (3)   A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns.

      (4)   A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utility lines and streets.

      (5)   A development pattern in harmony with neighboring land uses, infrastructure and community facilities.

   (b)   The City may accept greater density in the development than that allowed by other zoning options provided the developer can demonstrate that increased densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.

(Ord. 08-33. Passed 5-4-09.)

   Because of the special characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this Code, the provisions of this chapter shall govern.

(Ord. 08-33. Passed 5-4-09.)

   Compatible residential, commercial, industrial, public, and quasi-public uses may be combined in PUD Districts provided that the proposed location of the commercial or industrial uses will not adversely affect adjacent property or any residential component of the PUD, or the public health, safety, and general welfare of the development of the City.

(Ord. 08-33. Passed 5-4-09.)

   (a)   The gross area of the tract to be developed under the planned unit development approach shall comply with the following schedule:

 

 

   (b)   When the PUD is a mixture of residential and commercial uses, no more than twenty percent of the tract may be devoted to commercial activities. When the PUD is a mixture of residential and commercial or industrial uses, no more than thirty percent of the tract may be devoted to the commercial or industrial uses.

(Ord. 08-33. Passed 5-4-09.)

   The project land may be owned, leased or controlled either by a single person or corporation, or by a group of individuals or corporations. Such ownership may be by a public or private corporation.

(Ord. 08-33. Passed 5-4-09.)

   (a)   A minimum of twenty percent of the land developed in any planned unit development project shall be reserved for common open space and recreational facilities. Land located within any floodway shall not be considered as any part of the twenty percent open space. Land encumbered by public utility lines shall not account for more than twenty-five percent of the open space.

   (b)   The required amount of common open space land reserved under planned unit development shall either be held in corporate ownership by owners of the project area for the use of property owners within the development or be dedicated to the City and retained as common open space for parks, recreation, and related uses. All land dedicated to the City shall comply with the Planning Commission's requirements as to size, shape, and location. Public utility and similar easements and rights-of-way for water courses and other similar channels are not acceptable for common open space dedication to the City unless such land or right-of-way is usable as a recreation trail and paved by the developer, or for similar purpose and approved by the Planning Commission. The responsibility for the maintenance of all open spaces, including those dedicated to the City, shall be specified by the developer before approval of the final development plan.

   (c)   Unless otherwise agreed to by the Planning Commission and City Council, the developer shall create a property owner association, which shall have the right and responsibility to assess property owners within the PUD to pay the cost for proper maintenance of the open space. Planning Commission and the developer shall agree to the level of maintenance required before approval or the final development plan.

(Ord. 08-33. Passed 5-4-09.)

   Underground utilities, including telephone and electrical systems, shall be within the limits of all planned unit developments. Appurtenances to these systems, which can be effectively screened, may be exempt from this requirement if the Planning Commission finds that such exemption will not violate the intent or character of the proposed planned unit development.

(Ord. 08-33. Passed 5-4-09.)

   Lot widths may be varied to allow for a variety of structural designs. Setbacks may also be varied within the development.

(Ord. 08-33. Passed 5-4-09.)

   Seventy-five percent of one-family lots developed under the planned unit development approach should be designed to abut upon common open space or similar areas. The clustering of dwellings is encouraged. In areas where townhouses or other attached dwellings are used, there shall be no more than eight townhouses in any contiguous group.

(Ord. 08-33. Passed 5-4-09.)

   For each foot of building height over the maximum height regulations as specified for each district in the appropriate chapter of this Code, the distance between such buildings and the side and rear property lines of the planned unit development project area shall be increased by three feet.

(Ord. 08-33. Passed 5-4-09.)

   Off-street parking, loading, and service areas shall be provided in accordance with Chapter 1290. Off-street parking and loading areas shall not be permitted within fifteen feet of any residential use.

(Ord. 08-33. Passed 5-4-09.)

   (a)   When planned unit development districts include commercial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points at intersections with thoroughfares. Planting screens and mounding shall be provided on the perimeter of the commercial area abutting residential areas.

   (b)   The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient

   (c)   All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Planning Commission.

(Ord. 08-33. Passed 5-4-09.)

   (a)   Planned unit development districts may include industrial uses.

   (b)   Industrial uses and parcels shall be developed in park-like surroundings utilizing landscaping and woodlands as buffers to screen lighting, parking areas, loading areas or docks, or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of utility services. Thoroughfares shall be kept to a minimum throughout a planned industrial area.

   (c)   Side yards of forty feet and a rear yard of fifty feet shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right-of-way line and the project building line and intervening spaces between buildings, drives, parking areas, and improved areas shall be landscaped with trees and plantings and properly maintained at all times.

(Ord. 08-33. Passed 5-4-09.)

   Planned unit development districts shall be approved in accordance with the procedures in Sections 1268.15 through 1268.27.

(Ord. 08-33. Passed 5-4-09.)

   The developer shall comply with the Zoning Inspector and Planning Commission prior to the submission of the preliminary development plan. At the meeting the parties shall discuss early and informally the purpose and effect of this Code and the criteria and standards contained herein, and familiarize the developer with the comprehensive development plan, the major thoroughfare plan, the parks and public open space plan, the subdivision regulations, and the drainage sewer, and water systems of the County and the City.

(Ord. 08-33. Passed 5-4-09.)

   (a)   An application for approval of preliminary plans for a planned unit development shall be filed with the Service Director's Office for submission to City Council in accordance with Section 1236.02 by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in triplicate:

      (1)   Name, address, and phone number of applicant.

      (2)   Name, address, and phone number of registered surveyor, registered engineer, or urban planner assisting in the preparation of the preliminary development plan.

      (3)   Legal description of property.

      (4)   Description of existing use.

      (5)   Current zoning district(s).

      (6)   A vicinity map at a scale approved by the Planning Commission, showing property lines, streets, utility lines, existing and proposed zoning, and such other items as the Planning Commission may require to show the relationship of the planned unit development to the comprehensive plan and to existing schools and other community facilities and services.

      (7)   A preliminary development plan at a scale approved by the Planning Commission showing topography at two foot intervals; location and type including maximum density of residential, commercial, and industrial land uses; a sketch design of a possible layout of the proposed development, showing lots, proposed streets, rights-of-way, open spaces; approximate dimensions of lots and location of setback lines.

      (8)   Proposed schedule for the development of the site.

      (9)   Evidence that the applicant has sufficient control over the land in question and adequate financing to initiate the proposed development plan within five years.

      (10)   List of all adjoining property owners and their mailing addresses who are within 200 feet of any portion of the property.

   (b)   The application for preliminary planned unit developments shall be accompanied by a written statement by the developer setting forth the reasons why the planned unit development would be in the public interest and would be consistent with the City's objectives for planned unit developments in Section 1268.01.

(Ord. 08-33. Passed 5-4-09.)

   Within thirty days after referral of the preliminary development plan from City Council, the Planning Commission shall hold a public hearing, with notice per Section 1236.02(g).

(Ord. 08-33. Passed 5-4-09.)

   Within thirty days after the public hearing required by Section 1268.17, the Planning Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this Code whether the proposed development advances the general welfare of the community and neighborhood; and whether the benefits, combination of various land uses, and the interrelationships with the land uses in the surrounding area justify the deviation from standard district regulations. The Commission shall approve the preliminary development plan prior to submitting a recommendation to approve PUD Zoning to Council. The Planning Commission may seek assistance in making its recommendation from any appropriate source.

(Ord. 08-33. Passed 5-4-09.)

   (a)   Within two business days after the vote or Planning Commission, the Commission's written recommendation shall be forwarded to the Clerk of City Council.

   (b)   City Council shall schedule at least one public hearing, with notice to the public in accordance with Section 1236.02(g)(1) and (g)(2).

   (c)   City Council shall complete all public hearings within thirty days after receipt of Planning Commission's written recommendation.

   (d)   Within sixty days after receipt of Planning Commission's written recommendation, Council shall vote on the application. An affirmative vote of at least six Council members shall be necessary to adopt a zoning district which the Planning Commission has approved. An affirmative vote of at least seven Council members shall be necessary to adopt a zoning district to which is against the recommendation of the Planning Commission.

(Ord. 08-33. Passed 5-4-09.)

   After approval by City Council to change zoning to a PUD, the developer shall submit a final development plan to the Planning Commission. The final development plan shall be in general conformance with the preliminary development plan. Five copies of the final development plan shall be submitted and shall be endorsed by a qualified professional team which may include an urban planner, licensed architect, registered land surveyor, registered civil engineer, or registered landscape architect.

(Ord. 08-33. Passed 5-4-09.)

   (a)   An application for approval of the final development plan shall be filed with the Planning Commission by at least one owner or lessee of property for which the planned unit development. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the approval shall expire or may be revoked if construction on the project has not begun within five years from the date of approval. At a minimum, the application shall contain the following information:

      (1)   Name, address and phone number of the applicant.

      (2)   Name, address and phone number of registered surveyor, registered engineer or urban planner assisting in the preparation of the preliminary development plan.

      (3)   Legal description of the property.

   (b)   A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses.

   (c)   All the information required on the preliminary development plan; the location and sizes of one-family lots and setbacks, location of roadways, utilities, individual utility connections, storm water drainage and retention facilities, location and proposed density of non-one-family dwelling units, and the location and maximum square footage of non-residential buildings.

   (d)   A schedule for the development of units to be constructed and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; estimated non-residential population; anticipated timing for each unit; the standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development.

   (e)   Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations; waste disposal facilities, street improvements, and nature and extent of earth work required for site preparation and development.

   (f)   Site plan(s), showing building(s), various functional use areas, circulation, and their relationship.

   (g)   Building plans, including floor plans and exterior elevations.

   (h)   Landscaping plans.

   (i)   Deed restrictions, protective covenants, or other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained.

(Ord. 08-33. Passed 5-4-09.)

   Within thirty days after submission of the final development plan, the Planning Commission shall hold a public hearing with notice in accordance with Section 1236.02(g).

(Ord. 08-33. Passed 5-4-09.)

   Within thirty days after the second public hearing, the Planning Commission shall approve or disapprove the final development plan.

(Ord. 08-33. Passed 5-4-09.)

   Before making its decision as required in Section 1268.23, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:

   (a)   The proposed development can be initiated within five years of the date of approval.

   (b)   Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses.

   (c)   The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development.

   (d)   Any proposed commercial development can be justified at the locations proposed.

   (e)   Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with this chapter and the policy of the Planning Commission and the City Council.

   (f)   The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development.

   (g)   The existing and proposed utility services are adequate for the population densities and non-residential uses proposed.

   (h)   The construction drawings are approved by the City Engineer as to the construction and installation of any roadways and utilities to be dedicated for public use.

(Ord. 08-33. Passed 5-4-09.)

   Upon receipt of the final approval of the final development plan from the Planning Commission, the applicant shall have the right to commence development under the terms and conditions of the approved final plan.

(Ord. 08-33. Passed 5-4-09.)

   In approving any planned unit development district, the City Council may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of such conditions or safeguards, when made a part of the terms under which the final development plan is approved, shall be deemed a violation of this Code and punishable under Chapter 1232.

(Ord. 08-33. Passed 5-4-09.)

   (a)   The approval of a final development plan for a planned unit development district shall be for a period not to exceed five years. If no construction has begun within five years after approval is granted, the final development plan shall be void and the land shall revert to the RS District. An extension of the time limit to begin construction or modification of the final development plan may be approved if the Planning Commission finds that such extension or modification is in the public interest. Any modification of the final development plan shall be made only after the property owner, or designated representative, submits to Planning Commission a written request to modify the original plan and proceeds through the steps outlined in Section 1268.16, 1268.17, 1268.21, 1268.22, 1268.23 and 1268.24.

   (b)   No Zoning Code amendment passed during the time period the final development plan is in force and effect shall in any way alter the terms of the planned unit development plan.

(Ord. 08-33. Passed 5-4-09.)