A Planned Unit Development (hereinafter “PUD”) is designed to allow for comprehensively planned projects which provide for innovative and imaginative approaches to urban design and land development. A PUD is a negotiated contract for land development between the private developer and the public governmental entity. This differs from the traditional approach to land development wherein the developer develops the land pursuant to minimum standards previously adopted by the government. A PUD permits flexible variation from established land regulations as contained in zoning districts and in platting and subdivision requirements. When an area of land is developed under this section, various provisions of the platting and subdivision requirements may be waived, zoning district requirements pertaining to area, height and spacing may be modified, and various land use mixtures may be permitted with appropriate screening, landscape buffers and setback restrictions. In essence, the developer, with City staff guidance, Planning and Zoning Commission review, and Council approval, may develop its own guidelines for the best development of the land in question. However, it is not the intent of this section either to permit a mixture of totally unrelated uses to be developed or to allow the fundamental purposes of the zoning, platting and subdivision provisions of this Code to be ignored. It is the intent of this section to permit the establishment of unified developments with differing land uses arranged so as to be compatible with one another, with the site to be developed, and with the surrounding area. In no event shall the basic purpose or intent of the zoning, platting and subdivision provisions of this Code of Ordinances be violated.

1.   Applicability. A PUD is an overlay of agreed upon development standards intended to work in conjunction with established zoning, platting and subdivision regulations.

2.   Design Standards. A PUD shall be planned as an integral unit and may consist of residential, commercial and/or industrial land uses. When different land uses are used in a PUD, the development shall be designed to be compatible with adjacent areas. A PUD shall meet all zoning, platting and subdivision requirements unless those requirements are specifically addressed and amended in the approving ordinance. The following design standards apply to a PUD:

   A.   Environmental Design. Existing trees, groves, waterways, scenic points, historic spots, and other natural assets and landmarks shall be preserved whenever possible. The location of trees shall be considered when designing open spaces and planning the location of buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels. Excessive site clearing of topsoil, trees and natural features shall be discouraged. A general landscaping plan shall be required for all PUDs.

   B.   Open Space. The maintenance of public/common open space shall be encouraged. In the case of a large residential and/or commercial development, open space may be required. However, any requirement for open space shall not exceed more than twenty-five percent (25%) of the total land area involved in the development.

   C.   Building Spacing. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers and other landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise. High-rise buildings included within a PUD shall be located in such a way so as to minimize any adverse impact on adjoining low-rise buildings and any invasion of privacy of the occupants of such low-rise buildings.

   D.   Traffic Circulation. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Streets within a PUD shall be connected to streets outside of the PUD so as not to encourage the use of the streets within the PUD by through traffic.

      (1)   The pedestrian circulation system and its related walkways shall be separate from the vehicular street system when possible.

      (2)   All nonresidential land uses within a PUD shall have direct access to a public street or frontage road.

      (3)   Standards of design and construction for roadways within residential areas of PUDs shall be equivalent to those standards provided in the Subdivision Ordinance. It is expected that all roadways within a PUD will be dedicated to the public. However, in the case where residential streets within a PUD are not expected to be connected to other roadways outside the PUD, private ownership of roadways shall comply with minimum street frontage requirements of this chapter. No privately owned roadways may be dedicated to the public use at a later date unless and until said roadways have been improved by the private owner thereof to then existing design standards for public streets.

   E.   Community Services. PUD approvals shall not be granted unless utility systems such as water lines, sanitary sewer lines and streets located outside the PUD exist in sufficient quantity and quality to serve the PUD without system overload, unless the developer agrees to sufficiently improve the system deemed inadequate at the developer’s own expense.

   F.   Market Analysis. A market analysis may be required for any PUD project. The market analysis shall contain the following determinations:

      (1)   Determination of the trade area of the proposed commercial facilities.

      (2)   Determination of the trade area population, both present and prospective.

      (3)   Determination of the effective buying power in such trade area.

      (4)   Determination of net potential customer buying power for stores in the proposed commercial facilities and, on such basis, the recommended store types and store floor areas.

      (5)   Determination of the residual amount of buying power in the trade area and how it may be expected to be expended in other business areas serving the trade area.

3.   Administration. By its nature, a PUD involves the negotiation of a development contract between the private and public interests. A proposed PUD should comply with all platting and zoning requirements of the City or, in the alternative, should address those requirements for which modification is sought.

   A.   Private Developer. The private developer is the developer or a designated representative of the developer who is authorized to negotiate the terms of a PUD with regard to a specific parcel of land. It is intended that the negotiation, review and approval process of a PUD avoid confusion and undue hardship for both the developer and the public entity. Negotiation meetings between the private developer and the City staff are recommended so that an understanding and mutual consensus on the proposed PUD may be reached to the extent possible prior to the formal filing for PUD approval.

   B.   City Staff. City staff shall be a professional committee composed of representatives from planning, engineering, and other public service providers as designated by the City Administrator. The staff’s function shall be to review proposed PUDs, analyze their impact, and negotiate standards needed to maintain quality development in an urban environment. After a private developer has formally filed a proposed PUD with the planning department, the staff shall have forty-five (45) days to review the PUD in detail, convey their findings and recommendations in writing to the Planning and Zoning Commission, and start the public hearing process.

   C.   Planning and Zoning Commission. Upon referral of a proposed PUD from the staff, the Planning and Zoning Commission shall do the following:

      (1)   Determine if the proposed PUD is in conformance with adopted City plans and the intent of platting, subdivision and zoning regulations.

      (2)   Review the proposed PUD for appropriateness the same as is done with any rezoning request.

      (3)   Review staff recommendations and consider any differing viewpoints between the developer, staff or citizens concerning the proposed PUD.

      (4)   Hold a public hearing to receive citizen input and concerns.

      (5)   Make any recommendations to the private developer it deems appropriate.

      (6)   Make recommendations to the City Council based upon its findings. Within thirty (30) days after public hearing, the Commission shall recommend either: approval as filed; approval subject to specific conditions as listed; or denial based upon findings.

   D.   City Council. The City Council shall be the final authority for approval or disapproval of a proposed PUD, and shall have the authority to waive or modify Code requirements and adopt land development standards so as to facilitate desirable PUDs. The City Council shall hold a public hearing to hear citizen input and concerns. Approval of a PUD shall be by ordinance. The ordinance shall set forth the legal description of the property included within the PUD, incorporate by reference the plans, maps, reports, and conditions that comprise the PUD, and specify those provisions of the Code which are waived or modified as part of the PUD. If the private developer fails to begin construction of the PUD within one year of the effective date of the ordinance, approval of the PUD shall be considered null and void and the City Council shall delete the ordinance.

   E.   Phase Development. PUDs may be designed to be developed as a single project or in separate phases. If the private developer does not complete the approved PUD within its scheduled time period, the City Council shall review the progress of the PUD and may extend time schedules, amend the PUD, or revoke portions of the PUD that are not completed.

   F.   Construction. Project construction plans and progress shall be reviewed by City staff to determine if City Code requirements and the adopting ordinance are being met. Minor changes in site engineering, building design and location arrangement may be authorized by City staff. Substantial and material changes in the PUD must be approved by ordinance by the City Council following Planning and Zoning Commission review and public hearing. The Building Official shall not issue a building permit for any structure not permitted in the underlying zone until the City Council has approved the PUD. In accordance with the Design Review provisions of this Code, a permit for any structure in a Design Review or Dutch Residential Overlay District shall not be issued until the Community Development Committee has approved the exterior design. Prior to the issuance of any building permit, all required and/or negotiated improvements shall be completed. Where there is no provision in the approved PUD addressing a specific regulation or situation, the requirements of the most restrictive conventional zoning district in which a proposed use or structure is permitted shall be applied to the development.

4.   Filing Procedure. The developer shall initiate formal action on a PUD by filing an application for a PUD with the Planning and Zoning Department. The application shall be on a form provided by the Planning Department and shall include the following:

   A.   Site Plan and Supporting Drawings. A site plan and drawings necessary to show the major details of the proposed PUD shall contain the following information:

      (1)   The existing site conditions, including contours, watercourses, floodplains (100-year flood evaluation), unique natural features, and forest cover.

      (2)   Proposed lot lines and plot designs.

      (3)   The location and floor area size of all existing and proposed buildings, structures, and other improvements, including maximum heights, types of dwelling units, density per type, and nonresidential structures, including commercial, industrial and public facilities.

      (4)   The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open space, public parks, recreational areas, school sites and similar public and semipublic uses.

      (5)   The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way including major points of ingress and egress to the development.

      (6)   The existing and proposed pedestrian circulation system, including its interrelationship with the vehicular circulation system, indicating proposed treatments of points of conflict.

      (7)   The existing and proposed utility systems, including sanitary sewers, water, electric, gas and telephone lines.

      (8)   A general landscape plan indicating the treatment of materials to be used for private and common open spaces.

      (9)   Sufficient information as to land areas adjacent to the proposed PUD to indicate the relationship between the proposed development and adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features of the landscape.

      (10)   The proposed treatment of the perimeter of the PUD, including materials and techniques to be used such as screens, fences and walls.

      (11)   Any additional information required by City staff deemed necessary to evaluate the character and impact of the proposed PUD.

   B.   Written Documents. The following written documents shall be required to be submitted in connection with the PUD application.

      (1)   A legal description of the development site, including a statement of ownership and proposed zoning.

      (2)   A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.

      (3)   A market analysis may be required to be submitted so as to justify the type and size of the prospect which can be realistically supported in the community.

      (4)   A copy of the proposed covenants and other provisions or restrictions proposed in the PUD.

      (5)   A detailed description of the ownership of and responsibilities involved in the utility and street systems.

   C.   Miscellaneous. Because the PUD provides the opportunity for higher densities, greater design flexibility, mixed land uses, and improved marketability, the applicant should be prepared to provide amenities and services as part of the PUD that might not be required or possible in a conventional development.

   D.   Filing Fee. The applicant shall submit a filing fee in the amount shown on the schedule of rates and fees in Chapter 171 of this Code of Ordinances with the formal PUD application. The filing fee for an amendment to a PUD is also given on said schedule in Chapter 171.