The purpose of the Planned Unit Development Overlay District (PUD) is to provide an alternative overlay zoning district that is intended to encourage innovative design of development. The PUD should be a well-integrated development in terms major design elements, such as streets, drainage systems, sanitary sewer systems, waterlines, utilities, sidewalks, street lighting, landscaping and open space. The PUD allows greater design flexibility so that natural features and open space may be preserved and enhanced and development concentrated in a coordinated and efficient manner.

(Ord. 2002-45. Passed 8-22-02.)

   A PUD may be located in any area of the City where the applicant can prove that a proposed development would meet the purposes of this chapter. The PUD may be overlaid over any residential, commercial or industrial zoning district or may be a combination of uses, such as residential and commercial or commercial and industrial or residential, commercial and industrial. The tract of land proposed to be developed as a PUD must be owned, leased or controlled by one person or a single entity and must be at least ten continuous acres for residential use, at least fifteen continuous acres for commercial use, or at least twenty-five continuous acres for industrial use.

(Ord. 2002-45. Passed 8-22-02.)

   An applicant may propose to include any mixture of land uses which are listed as permitted, or conditionally permitted, in any zoning district, with the following limitations: The proposed location of commercial and industrial uses shall not have an adverse impact upon adjacent property or the public health and welfare, safety and morals.

(Ord. 2002-45. Passed 8-22-02.)

   The following standards represent broad parameters under which all PUD developments must be designed:

   (a)   Central Water and Sewer Facilities. All structures in developments approved as a PUD must be served by public water and storm and sanitary sewer facilities.

   (b)   Residential Development. Clustering residential density is permitted and encouraged to provide required common open space. The density of the land use shall in no case be more than allowed in the conventional underlaying residential zoning district. The maximum impervious surface proposed must not exceed sixty percent of the total developed residential area. An area that is no less than forty percent of the residential area shall be devoted to useful and desirable common open space established to provide recreational opportunities and to preserve unique environmental features on the site.

   (c)   Commercial Development. Area requirements, building heights and parking and loading requirements shall in no case be more than allowed in the conventional underlaying commercial zoning district. The maximum impervious surface proposed must not exceed eighty percent of the total developed commercial area. The maximum building coverage shall not exceed fifty percent. An area that is no less than twenty percent of the commercial area shall be devoted to useful and desirable common open space established to provide recreational opportunities and to preserve unique environmental features on the site.

   (d)   Industrial Development. Area requirements, building heights, and parking and loading requirements shall in no case be more than allowed in the conventional underlaying industrial zoning district. The maximum impervious surface proposed must not exceed eighty-five percent of the total developed industrial area. The maximum building coverage shall not exceed fifty-five percent. An area that is no less than fifteen percent of the industrial area shall be devoted to useful and desirable common open space established to provide recreational opportunities and to preserve unique environmental features on the site.

   (e)   Development Layout and Design. Specific residential density, as well as the development intensity of nonresidential uses and the development design and layout, shall be based on the applicant's ability to provide sufficient evidence to the Planning Commission and Council that the complete development displays excellence in design by properly considering any significant natural and historic features, the topography, natural drainage patterns, roadway access and circulation, surrounding land uses, the enhancement of the general welfare of the public and aesthetically desirable land development.

   (f)   Landscape Plan. A landscape plan shall be provided with each PUD development. Attractive landscaped buffer and areas shall be provided between incompatible land uses and activities, according to Section 1250.10.

   (g)   Front, Side and Rear Setback Standards for Perimeter Lots. All lots that are located along the perimeter of the PUD shall have a minimum front, side and rear setback equal to those that would normally be specified in the underlaying conventional zoning district for the particular land use.

   (h)   Common Open Space. The required amount of common open space for each district shall be established as open space forever, and provisions shall be established for the maintenance and care thereof. The legal articles relating to any organization of property owners in the development charged with such open space maintenance is subject to review and approval by the City Attorney. The Planning Commission and/or Council may require, as a condition of final approval, any evidence deemed necessary to document that the required common space will remain in its stated condition forever, such evidence to include such legal documents as deed restrictions, conservation easements, etc.

   (i)   Front, Side and Rear Setback Standards for Interior Lots. Within the PUD, there shall be no minimum lot size, lot width or building setback requirements, except as provided in Section 1280.04 (g).

   (j)   Off-Street Parking and Loading Facilities. For all land uses located within the PUD, the parking and loading standards contained in Sections 1282.04 and 1282.05 shall apply.

(Ord. 2002-45. Passed 8-22-02.)

   The applicant for a PUD must submit a sketch plan along with a preliminary plan and a final development plan. The property must also be rezoned to PUD Overlay District, and the decision to approve a final development plan and to rezone a property to a PUD Overlay District are made concurrently. The final development plan, with all conditions, stipulations and requirements, shall constitute the zoning requirements for the particular property. All development restrictions described in the final development plan and supporting documents become the official zoning requirements of the property. This review procedure is intended to reflect the subdivision review procedure to provide for timely and concurrent zoning and subdivision review.

(Ord. 2002-45. Passed 8-22-02.)

   (a)   Following the submission and review of a conceptual sketch plan according to Section 1222.06(c) of the Subdivision Regulations, the applicant shall submit ten copies of a proposed preliminary plan to the Zoning Inspector, along with the required application fee. The proposed preliminary development plan shall include all items required of a preliminary drawing of a subdivision, as described in Section 1222.06(f) through (i) of the Subdivision Regulations.

   (b)   The Planning Commission may also, at its sole discretion, require additional information such as maps, data or reports, including environmental impact studies and an archaeological survey of the property, prepared by an appropriate professional. The applicant shall be responsible for all reasonable expenses incurred by the City in reviewing the preliminary and final development plans or any modifications thereof. Such expenses shall be in addition to the application fees established by Council and may include professional service fees incurred in connection with reviewing the plans and prepared reports, such as legal fees and fees for the services of other professionals such as geologists, landscape architects, planners, engineers, environmental scientists or architects.

(Ord. 2002-45. Passed 8-22-02.)

   Not less than twenty, nor more than fifty days following the submission of the required information, a public hearing on the preliminary plan shall be scheduled. Notice of this hearing shall be published in a newspaper of general circulation at least fifteen days before such hearing.

(Ord. 2002-45. Passed 8-22-02.)

   Within thirty days following the public hearing provided for in Section 1280.07, the Planning Commission shall act to approve, disapprove or conditionally approve the preliminary plan according to the following criteria:

   (a)   That the proposed development is in conformity with the goals and objectives of the Comprehensive Plan;

   (b)   That the benefits, improved arrangement and design of the proposed development justify the deviation from standard development requirements included in this Zoning Code;

   (c)   That the uses requested in the proposal are compatible with surrounding land uses;

   (d)   That there are adequate public services, such as utilities, fire protection and emergency service, available to serve the proposed development;

   (e)   That the proposed development will not create overcrowding and/or traffic hazards on existing roads and/or intersections;

   (f)   That the arrangement of land uses on the site shall properly consider topography, significant natural features, natural drainage patterns, views and roadway access;

   (g)   That the clustering of development sites is shown to preserve any natural or historic features and provide usable common open space;

   (h)   That the proposed road circulation system is integrated and coordinated to include a hierarchical interconnection of interior roads as well as adequate outer-connection of interior collector streets with off-site road systems;

   (i)   That there are adequate buffers between incompatible land uses; and

   (j)   That the Planning Commission is satisfied that the developer possesses the requisite financial resources to begin the project within the required two years.

(Ord. 2002-45. Passed 8-22-02.)

   The Planning Commission approval of a preliminary plan will be considered an approval of the preliminary development plan in principle only. Approval of the preliminary plan shall not, therefore, be construed to approve any development on the site, nor shall it be construed to absolutely endorse a precise location of uses, shapes of parcels or engineering feasibility. Approval of the preliminary development plan is necessary, however, before the applicant may submit a final development plan to the Planning Commission and Council for approval and rezoning to PUD Overlay District.

(Ord. 2002-45. Passed 8-22-02.)

   The applicant shall submit ten copies of the proposed final plan to the Zoning Inspector, along with the required application fee. The final plan shall include all of the information required for a final plat as described in Section 1222.06(q) and (r) of the Subdivision Regulations, together with:

   (a)   The specific description of permitted, conditionally permitted and accessory uses to be allowed in each area of the development; and

   (b)   A copy of the proposed deed restrictions.

(Ord. 2002-45. Passed 8-22-02.)

   The decision to rezone land to a PUD Overlay District and to approve the final plan are technically separate decisions. However, to provide for the efficient and timely processing of both the rezoning request and the request for final plan approval, all PUD final plan submissions are deemed to be an application for amendment to the Zoning Code, according to Chapter 1242. All procedures, from Planning Commission review to a public hearing and final approval by Council, shall be followed in considering an application for a rezoning of the land in question to a PUD Overlay District. Upon approval of such application to rezone the property in question to a PUD Overlay District, the Zoning District Map of the City shall be amended to designate the project area as a “PUD” Overlay District. Thereafter, with the concurrent approval of the rezoning and the final plan, all development restrictions and conditions described in the final plan shall become official requirements of the PUD.

(Ord. 2002-45. Passed 8-22-02.)

   In addition to review as a subdivision, the Planning Commission and Council shall review the proposed final plan according to the following criteria:

   (a)   That the proposed development is in conformity with the goals and objectives of the Comprehensive Plan;

   (b)   That the proposed development advances the general health, safety and morals of the residents of the City;

   (c)   That the Planning Commission and Council are satisfied that the developer possesses the requisite financial resources to begin the project within the required two years;

   (d)   That the interior road system, proposed parking and any off-site improvements are suitable and adequate to carry anticipated traffic generated by the proposed development;

   (e)   That any exception from standard District requirements can be warranted by design and other amenities incorporated in the final development plan, according to these PUD requirements;

   (f)   That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development; and

   (g)   That the existing and proposed utilities, including water and sewer service, and the drainage plan will be adequate for the population densities and nonresidential uses proposed in the PUD.

(Ord. 2002-45. Passed 8-22-02.)

   The Planning Commission shall act on the proposed PUD as a final plat of a subdivision, as described in Section 1222.06(t) through (v). (See Appendix D, Plat Approval Flowchart.)

(Ord. 2002-45. Passed 8-22-02.)

   Changes or alterations to the development plan as approved by the Planning Commission and Council may be administratively reviewed and approved by the Zoning Inspector, except in the following circumstances:

   (a)   Change in the overall acreage of the development;

   (b)   Any change in use in the overall development;

   (c)   Alterations to open space areas and their location(s);

   (d)   Change in the landscape plan;

   (e)   Change in street pattern;

   (f)   An increase in the number of units originally proposed;

   (g)   Changes in the building/building envelope location(s); and

   (h)   Change to establish setbacks.

(Ord. 2002-45. Passed 8-22-02.)

   If construction of any phase of the approved PUD begins within two years after approval is granted, the approval shall be valid until the development is completed. If no construction has begun or is substantially completed within two years after the approval is granted, the approved development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit may be approved by the Planning Commission, if such extension is not in conflict with the public interest. (Ord. 2002-45. Passed 8-22-02.)