The planned unit development (PUD) is provided as a design and planning option, intended to permit flexibility in the regulation of land development; to encourage innovation in land use, form of ownership (such as site condominiums) and variety in design, layout, and type of structures constructed; to preserve significant natural, historical, and architectural features and open space; to promote efficient provision of public services and utilities; to minimize adverse traffic impacts; to provide adequate housing and employment; to encourage development of convenient recreational facilities; and to encourage the use and improvement of existing sites or existing buildings when the uniform regulations contained in other zoning districts alone do not provide adequate protection and safeguards for the site or its surrounding areas or flexibility to consider adaptive re-use of existing structures.

(Ord. of 10-6-03)

(a)

A planned unit development (PUD) may be applied for in any zoning district. The grant of a planned unit development application shall require a rezoning by way of amendment of this chapter upon the recommendation of the planning commission and approval of the city commission.

(b)

Any land use authorized in this article may be included in a planned unit development, subject to adequate public health, safety, and welfare protection mechanisms being designed into the development to ensure the compatibility of varied land uses both within and outside the development.

(c)

The applicant for a planned unit development must demonstrate all of the following criteria as a condition to being entitled to planned unit development treatment:

(1)

Grant of the planned unit development will result in one of the following:

a.

A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the planned unit development regulations;

b.

Long-term protection and preservation of natural resources and natural features of a significant quantity and/or quality, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the planned unit development regulations;

c.

Long-term protection of historic structures or significant architecture worthy of historic preservation; or

d.

A nonconforming use shall, to a material extent, be rendered more conforming, or less offensive, to the zoning district in which it is situated.

(2)

The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, roads and utilities.

(3)

The proposed planned unit development shall be consistent with the public health, safety and welfare of the city.

(4)

The proposed planned unit development shall not result in an unreasonable negative environmental impact or loss of a historic structure on the subject site or surrounding land.

(5)

The proposed planned unit development shall not result in an unreasonable negative economic impact upon surrounding properties.

(6)

The proposed planned unit development shall be under single ownership and/or control such that there is a single person, corporation, or partnership having responsibility for completing the project in conformity with this article.

(7)

The proposed planned unit development shall be consistent with the goals and policies of the city master plan.

(8)

The proposed use or uses shall be of such location, size, and character as to be in harmony with the zoning district in which it is situated, and shall not be detrimental to the adjoining zoning districts.

(9)

A demonstration that the PUD is not proposed in an attempt by the applicant to circumvent the strict application of zoning standards.

(Ord. of 10-6-03)

(a)

Residential uses shall be permitted with the following maximum density, based upon the zoning district in which the property is situated immediately prior to classification under this article. Land area under water, public road rights-of-way and private road easements shall not be included in the gross density calculation.

(b)

An additional density of up to 25 percent greater than specified above may be allowed at the discretion of the planning commission based upon a demonstration by the applicant of design excellence and conformance to the standards listed in section 78-313.

(c)

The non-residential uses, including parking and vehicular traffic ways, shall be separated and buffered from residential units as required in section 78-206.

(Ord. of 10-6-03)

(a)

All regulations within the city zoning ordinance applicable to setback, parking and loading, general provisions, and other requirements shall be met in relation to each respective land use in the development based upon zoning districts in which the use is listed as a principal permitted use. In all cases, the strictest provisions shall apply.

(b)

Notwithstanding subsection (a) of this section, deviations with respect to such regulation may be granted as part of the overall approval of the planned unit development, provided there are features or elements demonstrated by the applicant and deemed adequate by the city commission upon the recommendation of the planning commission designed into the project plan for the purpose of achieving the objectives of this section.

(c)

The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses.

(d)

The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment.

(e)

The public benefit shall be one which could not be achieved under the regulations of the underlying district alone, or that of any other zoning district.

(f)

The number and dimensions of off-street parking shall be sufficient to meet the minimum required by the ordinances of the city. However, where warranted by overlapping or shared parking arrangements, the planning commission or city commission may reduce the required number of parking spaces.

(g)

All streets and parking areas within the planning unit development shall meet the minimum construction and other requirements of city ordinances, unless modified by city planning commission.

(h)

Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.

(i)

Effort shall be used to preserve significant natural, historical, and architectural features and the integrity of the land, including MDEQ regulated and non MDEQ regulated wetlands or floodplains.

(j)

Thoroughfare, drainage, and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.

(k)

There shall be underground installation of utilities, including electricity and telephone.

(l)

The pedestrian circulation system, and its related walkways and safety paths, shall be separated from vehicular thoroughfares and ways.

(m)

Signage, lighting, landscaping, building materials for the exterior of all structure, and other features of the project, shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character of the community, surrounding development or developments, and natural features of the area.

(n)

Where nonresidential uses adjoin off-site residentially zoned property, noise reduction and visual screening mechanisms such as earthen and/or landscape berms and/or decorative walls, shall be employed in accordance with section 78-206.

(o)

The proposed density of the planned unit development shall be no greater than that which would be required for each of the component uses (measured by stated acreage allocated to each use) of the development by the district regulations of the underlying zoning district.

(Ord. of 10-6-03)

(a)

Pre-application conference. prior to the submission of an application for planned unit development approval, the applicant shall meet with the building official, together with any staff and consultants the building official deems appropriate. The applicant shall present at such conference, or conferences, at least a sketch plan of the proposed planned unit development, as well as the following information: Total size of the project; a statement of the number of residential units, if any; the number and type of nonresidential uses, the size of the area to be occupied by each type of use; the known deviations from ordinance regulations to be sought; the number of acres to be preserved as open or recreational space; and, all known natural features or historic features to be preserved.

(b)

Preliminary plan. Following the pre-application conference, the applicant shall submit a preliminary site plan of the proposed planned unit development. A narrative report shall accompany the site plan providing a description of the project, discussing the market concept of the project, and explaining the manner in which the criteria set forth in the preceding design standards has been met. The applicant may request that the planning commission review the preliminary PUD plans under this subsection and final PUD plans under subsection (c) of this section concurrently rather than under two separately phased applications.

(1)

Information required. The preliminary site plan for a PUD shall contain at a minimum the following information:

a.

One copy of the preliminary PUD site plan, reduced in size to 8½ by 11 inches, on clear acetate or similar material suitable for use with an overhead projector.

b.

Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics and scale.

c.

Plans providing:

1.

The applicant's name;

2.

Name of the development;

3.

The preparer's name and professional seal of architect, engineer, surveyor or landscape architect indicating license in the state;

4.

Date of preparation and any revisions;

5.

North arrow;

6.

Property lines and dimensions;

7.

Complete and current legal description and size of property in acres;

8.

Small location sketch of the subject site and area within ½ mile; and scale of no less than one inch equals 1,000 feet;

9.

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the PUD site;

10.

Lot lines and all structures on the property and within 100 feet of the PUD property lines;

11.

Location of any access points on both sides of the street within 100 feet of the PUD site along streets where access to the PUD is proposed;

12.

Existing locations of significant natural, historical, and architectural features, existing drainage patterns, surface water bodies, floodplain areas, MDEQ designated or regulated wetlands with supporting documentation and a tree survey indicating the location and diameter (in inches, measured four feet above grade) trees greater than 12 inches in diameter;

13.

Existing and proposed topography at five-foot contour intervals, or two-foot contour intervals (two-foot intervals required for final site plan), and a general description of grades within 100 feet of the site;

14.

Dimensions of existing and proposed right-of-way lines, names of abutting public streets, proposed access driveways and parking areas, and existing and proposed pedestrian and/or bicycle paths;

15.

Existing buildings, utility services (with sizes), and any public or private easements, noting those which will remain and which are to be removed;

16.

Layout and typical dimensions of proposed lots, footprints and dimensions of proposed buildings and structures; uses with the acreage allotted to each use. For residential developments: the number, type and density of proposed housing units;

17.

General location and type of landscaping proposed (evergreen, deciduous, berm, etc.) noting existing trees and landscaping to be retained;

18.

Size, type and location of proposed identification signs;

19.

If a multiphase planned unit development is proposed, identification of the areas included in each phase. For residential uses identify the number, type, and density of proposed housing units within each phase;

20.

Any additional graphics or written materials requested by the planning commission or city commission to assist the city in determining the appropriateness of the pud such as, but not limited to: aerial photography; market studies; impact on public primary and secondary schools and utilities; traffic impacts using trip generation rates recognized by the Institute of Transportation Engineers for an average day and peak hour of the affected roadways; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; description of how property could be developed under the regulations of the underlying district; preliminary architectural sketches; and estimated construction cost;

21.

An explanation of why the submitted planned unit development plan is superior to a plan which could have been prepared under strict adherence to related sections of this chapter.

(2)

Planning commission action. The preliminary plan shall be noticed for public hearing before the planning commission in accordance with section 78-377. Following the hearing, the planning commission shall review the preliminary site plan and shall take one of the following actions:

a.

Approval. Upon finding that the preliminary plan meets the criteria set forth in the purpose and intent and this section, the planning commission shall grant preliminary approval. Approval shall constitute approval of the uses and design concept as shown on the preliminary plan and shall confer upon the applicant the right to proceed to preparation of the final plan. Approval of the preliminary plan by the planning commission shall not bind the city commission to approval of the final plan.

b.

Approval with changes or conditions. The planning commission may grant conditional approval subject to modifications as performed by the applicant.

c.

Postpone. Upon finding that the preliminary plan does not meet the criteria set forth in the purpose and intent of this section, but could meet such criteria if revised, the planning commission may postpone action until a revised preliminary plan is resubmitted.

d.

Denial. Upon finding that the preliminary plan does not meet the criteria set forth in the purpose and intent of this section, the planning commission shall deny preliminary approval.

(c)

Final plan. Within six months following receipt of the planning commission comments on the preliminary plan, the applicant shall submit a final plan and supporting materials conforming with this section. If a final plan is not submitted by the applicant for final approval within six months following receipt of planning commission comments, the preliminary plan approval becomes null and void.

(1)

Information required. A final site plan and application for a PUD shall contain the following information:

a.

A site plan meeting all requirements and standards of article XX.

b.

A separately delineated specification of all deviations from this chapter which would otherwise be applicable to the uses and development proposed in the absence of this article.

c.

A specific schedule of the intended development and construction details, including phasing or timing.

d.

A specific schedule of the general improvements to constitute a part of the development, including, without limitation, lighting, signage, the mechanisms designed to reduce noise, utilities, and visual screening features.

e.

A specification of the exterior building materials with respect to the structures proposed in the project.

f.

Signatures of all parties having an interest in the property.

(2)

Planning commission final action. The planning commission shall review the final site plan and shall take one of the following actions:

a.

Approval. Upon finding that the final plan meets the criteria established in the purpose and intent of this article and this section, the planning commission may grant final approval.

b.

Approval with changes or conditions. The planning commission may grant conditional approval subject to modifications as performed by the applicant as long as the plan meets the criteria established in the purpose and intent of this article and this section.

c.

Postpone. Upon finding that the final plan does not meet the criteria set forth in the purpose and intent of this article and this section, the planning commission may postpone action until a revised plan is submitted.

d.

Denial. Upon finding that the final plan does not meet the criteria set forth in the purpose and intent of this article and this section, the planning commission shall deny final approval.

(3)

City commission final action. If the proposed development has been approved or approved with conditions, the planning commission recommendation shall be submitted to and reviewed by the city commission. The city commission shall take one of the following actions:

a.

Approval. Upon finding that the final plan meets the criteria established in the purpose and intent of this article and this section, and any conditions placed by the planning commission, the city commission may grant final approval.

b.

Approval with changes or conditions. The city commission may grant approval and attach additional conditions if the plan meets the criteria established in the purpose and intent of this article and this section.

c.

Postpone. Upon finding that the final plan does not meet the criteria set forth in the purpose and intent of this article and this section, the city commission may postpone action until a revised plan is submitted.

d.

Denial. Upon finding that the planning commission has denied the application for final plan and that the application does not meet the criteria set forth in the purpose and intent of this article or this section, the city commission shall deny such application.

(4)

Reasons for action. All actions on the preliminary plan or final plan by the planning commission and the city commission shall state the reasons for approval, conditional approval, postponement or denial within the body of the motion.

(Ord. of 10-6-03)

(a)

Reasonable conditions may be required by the planning commission before the approval of a planned unit development, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources and energy, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Permit conditions may be drafted in writing specifying conditions of approval and use. Conditions may stipulate that the PUD may only be used for selective land uses provided the restraints advance, rather than injure, the interests of adjacent landowners; are a means of harmonizing private interests in land thus benefiting the public interest; are for the purposes of ensuring that the PUD fulfills the purposes and intent of this section and thus benefit the public interest; and/or possess a reasonable relationship to the promotion of the public health, safety, and welfare. A change of land use (as defined in section 78-21) during operation of the PUD will render the PUD null and void or will require application for a revised PUD.

(b)

Conditions imposed shall be designed to protect natural resources and the public health, safety, and welfare of individuals in the project and those immediately adjacent, and the community as a whole; reasonably related to the purposes affected by the planned unit development; and, necessary to meet the intent and purpose of this article, and be related to the objective of ensuring compliance with the standards of this article. All conditions imposed shall be made a part of the written record of the approved planned unit development which shall include a site plan and written PUD permit conditions signed by the city and the applicant.

(c)

If the conditions set forth herein are not complied with, then the building official shall have the right to compel a show cause hearing by the planning commission or issue a violation pursuant to article XXIV of this chapter. At the show cause hearing, additional conditions may be imposed by the planning commission or the city may require submittal of a new PUD application.

(Ord. of 10-6-03)

(a)

Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the city commission after recommendation from the planning commission.

(b)

Commencement and completion of construction. Construction shall be commenced within one year following final approval of a planned unit development and shall proceed substantially in conformance with the schedule set forth by the applicant and in accordance with article II [this article] of this chapter. If construction is not commenced within such time, the planning commission shall take one of the following actions:

(1)

The planning commission may approve a request from the property owner for an extension of the final PUD site plan for a specified period of time, not to exceed one year for each such extension. This request may be granted by the planning commission for good cause if the request is made prior to the expiration of the initial period or any extension thereof.

(2)

The planning commission may approve on their own initiative an extension of the final PUD site plan for a specified period of time, not to exceed one year for each such extension. Such extension shall be granted no later than the first regular meeting following the expiration of the current approval period.

(3)

If neither subsection (b)(1) or (2) of this section is taken, then the final PUD site plan shall be deemed to have expired, and the planning commission shall recommend to the city commission a rezoning of the affected property in accordance with article XXIV.

(Ord. of 10-6-03)

When approved, the planned unit development amendment, with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with such amendment. Notice of adoption of the final PUD site plan and PUD permit conditions shall be recorded with the county register of deeds at the applicant's expense.

(Ord. of 10-6-03)

Deviations from the approved final PUD site plan may occur only under the following conditions:

(1)

An applicant or property owner who has been granted final PUD site plan approval shall notify the building official of any proposed amendment to such approved site plan or PUD conditions.

(2)

Minor changes may be approved by the city building official upon certification in writing to the planning commission that the proposed revision does not alter the basic design nor any conditions of the plan imposed upon the original approval by the planning commission. In considering such a determination, the building official shall consider the following to be a minor change:

a.

For residential buildings, the size of structures may be reduced, or increased by five percent provided that the overall density of units does not increase;

b.

Square footage of nonresidential buildings may be decreased, or increased by up to five percent or 10,000 square feet, whichever is smaller;

c.

Horizontal and/or vertical elevations may be altered by up to five percent;

d.

Movement of a building or buildings by no more than ten feet;

e.

Designated "Areas not to be disturbed" may be increased;

f.

Plantings approved in the final PUD landscape plan may be replaced by similar types of landscaping on a one-to-one or greater basis;

g.

Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.;

h.

Changes of building materials to another of higher quality, as determined by the building official;

i.

Changes in floor plans which do not alter the character of the use;

j.

Slight modification of sign placement or reduction of size;

k.

Relocation of sidewalks and/or refuse storage stations;

l.

Internal rearrangement of parking lot which does not affect the number of parking spaces or alter access locations or design;

m.

Changes required or requested by the city for safety reasons shall be considered a minor change.

(3)

Should the building official determine that the requested modification to the approved final PUD site plan is not minor or if a change in land use has occurred which is different than land uses previously approved, re-submittal to the planning commission shall be necessary and new public hearing and notification under section 78-377 shall be required.

(4)

Should the planning commission determine that the modifications to the final PUD site plan significantly alter the intent of the preliminary PUD site plan, a new submittal illustrating the modification shall be required.

(5)

Any deviation from the approved PUD site plan, except as authorized in this section, shall be considered a violation of this article and treated as a misdemeanor, and subject to article XXIV of this chapter. Further, any such deviation shall invalidate the PUD designation.

(Ord. of 10-6-03)