The planned unit development, herein referred to as PUD, is a special zoning district category that provides an alternate approach to conventional land use controls. As a type of development and as a regulatory process, the planned unit development is subject to special review procedures, and once approved it becomes a zoning classification for the property it represents. The PUD designation may be applied to any one or more conventional districts, except the A and P districts. (Ord. 5916, 8-9-1999)

   A.   Purpose: The regulations for the planned unit development zoning district are designed to:

      1.   Provide the developer with reasonable assurance of ultimate approval before the expenditure of complete design monies, while providing the city with assurances that the project will retain the character envisioned at the time of concurrence;

      2.   Encourage diversified living environments, and accommodate a mixture of land uses that otherwise would not be allowed together on the same site;

      3.   Permit flexibility within the development with respect to area and bulk standards to best utilize the physical features of a particular tract of land;

      4.   Provide and preserve meaningful open space, particularly where it is necessary or desirable for such common areas to be shared by more than one owner;

      5.   Encourage a more efficient use of land, public services, and natural resources than is generally achieved through conventional development;

      6.   Provide a smooth transition from surrounding densities, intensities, and uses with those proposed in the PUD; and

      7.   Encourage the provision of amenities beyond the minimum requirements of conventional development.

   B.   Goals: In conjunction with the purposes stated in subsection A of this section, the following goals are established to help achieve high quality PUDs which are compatible with abutting developments.

      1.   Open Space: A PUD should provide meaningful open space to serve as a buffer between a PUD and the surrounding neighborhood when needed for a smooth transition.

      2.   Energy Conservation: A PUD should be designed in such a way as to provide an energy efficient development.

      3.   Home Ownership: PUDs that contemplate individual dwelling unit ownership should provide a copy of proposed restrictive covenants and, where necessary, the creation of a property owner's association for the maintenance of common space.

   C.   Applicability: The provisions of this title shall remain applicable, except as specifically modified pursuant to the provisions of this chapter for the purpose of development of land for planned unit developments. No modifications of use, area, bulk, or subdivision requirements of the conventional zoning districts shall be permitted, except through applicable variance procedures, unless a planned unit development application is submitted and approved in accordance with the provisions of the section 11-10-4 of this chapter. (Ord. 5916, 8-9-1999)

   A.   Authority: Because the PUD provides the opportunity for varying densities, greater design flexibility, mixed land uses, and improved marketability, the applicant should be prepared to provide amenities that might not be required or possible in a conventional development. Review and approval of a PUD is, therefore, a process to achieve the intents and purposes of these regulations and the master plan. In all cases, proposed PUDs are to be reviewed as to the types and locations of proposed uses and whether the overall design of the tract presents a development that is compatible with its surroundings. Standards and criteria established herein shall be used in the determination of the approval or disapproval of proposals for planned unit developments. Other factors not listed may also be considered in the review process in order to respond to specific design and land use proposals. A PUD application which is judged to comply with this section shall be considered to be qualified for preliminary approval.

   B.   Mandatory Standards: Strict interpretation of the following criteria shall be required as a minimum level of compliance in the review of all PUD applications.

      1.   Permitted Uses: A PUD may be considered for any use or combination of uses allowed in an applicable conventional commercial or industrial district as a use permitted by right, special use, or accessory use. A PUD consisting of one or more underlying conventional residential districts may be considered for any use or combination of uses included in any residential use category, in addition to accessory uses authorized by section 11-5-1 of this title, and for one or more of the following listed membership sports and recreation clubs or physical fitness facilities: country club, golf club, boating club, bridge club, bathing beach, swimming club, racquetball or handball club, tennis club, horse riding club with stables, physical fitness center, gymnasium, and health club. The amount, type, and location of all land uses shall be established in the PUD application documents, and reviewed with respect to compliance with the master plan and compatibility with adjacent development.

      2.   Density: Residential density in the PUD is subject to the following guidelines:

         a.   In calculating the permitted number of dwelling units for a given land area of the PUD, any fractional remainder shall be rounded down to the nearest whole number.

         b.   In determining the equivalent number of dwelling units represented by group quarters and residential care facilities, each five (5) persons of capacity shall be counted as one family and therefore represent one dwelling unit.

         c.   Land area that is counted in determining the permitted number of dwelling units shall be used only for dwelling sites, uses accessory to dwellings including vehicular and pedestrian ways, yards, and other open space or common areas reserved for use by residents of the dwellings. (Ord. 5916, 8-9-1999)

         d.   When a portion of a PUD district is within an area of special flood hazard, that portion within the SFHA may be used to calculate the intensity of units per acre subject to the following conditions: (Ord. 5916, 8-9-1999; amd. Ord. 6103, 7-27-2009)

            (1)   The property must be contiguous, under the same ownership and cannot be used for these calculations more than once;

            (2)   None of the floodway shall be developed, and a drainage easement for the floodway shall be dedicated to the city as shown on the latest flood hazard boundary map for maintenance purposes. An access easement may also be required if the floodway is inaccessible to the city for maintenance purposes; and

            (3)   The use of the allowable density does not eliminate standard requirements of this title and title 10, chapter 10 of this code.

      3.   Area And Bulk Standards: The design of the PUD may provide for modification of conventional zoning ordinance requirements for such elements as lot sizes, yards, lot coverage, and building height on individual lots in accordance with the PUD application. In all cases, however, the provisions of section 11-14-1 of this title shall prevail with respect to these standards for areas along the perimeter of the PUD adjacent to bordering zoning districts, and with respect to corner visibility.

      4.   Screening: The PUD application should show graphically the transitional treatment, if any, that will be employed to separate the PUD from abutting properties, including commitments to fencing, vegetation, earth berms, landscape screening, or similar techniques. Whenever a PUD is adjacent to residentially zoned property, a six foot (6') sightproof fence shall be installed unless property is separated by a public or approved private street.

      5.   Access And Circulation: The traffic circulation system within the PUD should provide for the safe, convenient, and efficient movement of goods and people with a minimum of conflict between various modes of movement. Sidewalks shall be provided for pedestrian movement within the development and shall connect with existing pedestrian systems or allow for future extensions to activity centers such as schools and shopping areas outside the development. Shared parking facilities in commercial or industrial developments shall be authorized only where a commitment is provided in the PUD application for common access driveways within the development and abutting arterial streets. Favorable consideration should be given to design of short local streets serving limited areas, such as the residential cul-de- sac, and reduction of conventional minor street design widths should be considered appropriate on such streets when they are designed with limited length and only one access point. Development of a private street system may be appropriate under certain conditions where there is no through traffic. All private streets and drives must be approved and inspected by the city engineer.

      6.   Open Space: Open space may be provided for the common use of the residents or users of the PUD, and is required where densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed. Such open space and other common use facilities shall be consistent with the planned function, and located within the PUD so as to be convenient and visually attractive to all of the intended users, as well as to protect flood hazard areas and natural wildlife habitats. Open space areas shall be left in their natural state or landscaped and maintained in accordance with the approved plans for environmental amenity, recreational, or park use.

      7.   Off Street Parking And Loading: Off street parking spaces may be provided on the lot containing the use for which they are intended to serve, or in a common area, in which case they shall be so located as to be accessible to the uses they are intended to serve. The minimum off street parking and loading requirements for all uses shall be as set forth in chapter 13 of this title except, however, that parking requirements may be reduced where it can be demonstrated that a collective parking facility located in a common area can adequately serve two (2) or more uses while having fewer parking spaces than the total of the separate requirements for each use. Lighting for parking areas shall be designed and installed so that illumination will not fall on residentially zoned property.

      8.   Signs: Signs shall be regulated for all uses as set forth in chapter 12 of this title for the applicable conventional district.

      9.   Accessory structures And Uses: Accessory structures and uses shall be regulated for all uses as set forth in section 11-5-1 of this title.

      10.   Common Facilities: Privately owned common areas may be established where certain facilities are shared by several adjacent property owners within the PUD, or are available to the general public for use in connection with visiting individual properties in the PUD. Such common facilities may include private streets, off street parking and access drives, service areas, recreational facilities, plazas and other open space; provided, however, that at least fifteen percent (15%) of the area of any common open space shall be used for landscaping and/or pedestrian amenities. Common areas are to be shown on the subdivision plat, and the applicant shall clearly demonstrate the existence and capabilities of the owner(s) of the common area to provide for their permanent retention and continued maintenance.

      11.   Improvements: All structures and subdivision improvements in a PUD shall conform to the applicable codes and regulations of the city. The standards and requirements of the subdivision regulations for paving of public streets shall be observed for all publicly dedicated streets within or adjacent to a PUD, regardless of whether or not it is being subdivided. A paved pedestrian system which may, but not necessarily, be conventional curb line or property line sidewalks shall be provided connecting all building areas, parking areas, and common facilities on the site, and that of the city, as existing or planned. If it is not to be located in the public right of way, such pedestrian system shall be designated on the final development plan and the final plat as a pedestrian easement. (Ord. 5916, 8-9-1999)

   A.   Initiation: Any person owning or possessing a property right or interest in or to a tract of land may make application for establishment of a supplemental planned unit development district. Review, approval, and enforcement of the PUD application shall be conducted in accordance with the provisions of this section.

   B.   Preapplication Conference: Prior to submission of a PUD application, the applicant must discuss with city staff the procedure for adopting a planned unit development, and the requirements for the general layout of major roadways and utilities, general design considerations, the availability of existing community services, and similar matters. The applicant may also be advised, when appropriate, to discuss the development with those officials, the technical review committee (TRC), who must eventually approve the various aspects of the proposal within their jurisdiction, generally when the preliminary development plan is complete. The intent of this preapplication conference is to expedite the process and to explain the procedures for approval of the PUD application.

   C.   Required Documents For Preliminary Approval: A PUD application shall consist of the following documents which, if approved, shall be evidence of conformance with the requirements described in these regulations, as well as serve as the basis for review and approval of the final development plan, all subsequent subdivision plats, and building permits within the PUD.

      1.   Procedural Checklist: This form will be supplied to the applicant at the preapplication conference and is used to aid in facilitating orderly development of a PUD proposal.

      2.   Application For Rezoning: The standard application form for a zoning map amendment shall be filed in accordance with the regular procedures set forth in section 11-17-5 of this title.

      3.   Preliminary Development Plan: The preliminary development plan is a graphic representation of the proposed development. The following items are required to be included on the preliminary development plan, which may be shown on one or more sheets depending on the size and complexity of the proposal, or depending on the desire of the applicant to present the landscaping items separate from the primary site plan elements, provided that items C3a, C3b and C3c of this section are shown on each sheet:

         a.   Title of the planned unit development;

         b.   Name and address of property owner of record and developer, if different;

         c.   Graphic scale, north point, date, and legend;

         d.   Length of boundaries of the tract measured to the nearest foot;

         e.   Location and identification of abutting subdivisions, and relationship with airport approach zone, flood hazard area, or city limits if applicable;

         f.   Existing physiographical characteristics including contour lines at two foot (2') intervals and identification of natural watercourses, floodplains, and wooded areas;

         g.   Location and size of existing and proposed easements, utilities, and public rights of way/streets;

         h.   Approximate location of all private streets;

         i.   Location, orientation, area, and height of existing buildings and other structures;

         j.   Approximate location, orientation, area, and height of proposed buildings and other structures to include typical elevations;

         k.   Approximate location and dimensions of proposed lot lines;

         l.   Approximate intensity of residential uses, if any, expressed by number of dwelling units allocated to each identifiable segment of the PUD;

         m.   General location and identification of land use types, including common areas and facilities that are to be owned and maintained by an association of individual property owners in the PUD;

         n.   Approximate location and proposed number of off street parking and loading spaces, and access drives;

         o.   Approximate location of fences and pedestrian walkways;

         p.   A conceptual landscape plan as required by subsection 11-14-3D of this title.

         q.   A separate written request, as applicable, for any of the foregoing items to be waived or amended, with necessary explanations to justify the request.

      4.   Statement Of Intent: The statement of intent is a written report which shall always accompany the application for rezoning, and which shall contain the following elements:

         a.   Proposed title of the planned unit development;

         b.   Name, address, and telephone number of the property owner(s) of record, and developer, if different;

         c.   Statement of the general concept of the proposed PUD, the special considerations which require the PUD zoning classification rather than a conventional district designation, and why, in the applicant's opinion, the proposed district would be in the public interest and would be consistent with the stated objectives of the city with regard to the planned unit development district classification;

         d.   Statement of the proposed development's intended compliance with each of the applicable guidelines addressed in subsection 11-10-3B of this chapter;

         e.   A statement of the substance of existing or proposed covenants; future ownership within the development; property owner's association contract, or other restrictions imposed upon the use of the land, buildings, and structures; and any other provisions which set forth mechanisms for ownership and maintenance of property within the PUD;

         f.   A statement as to the form of agency proposed to own and maintain the common use areas and facilities shown as a part of the preliminary development plan;

         g.   The anticipated development time schedule for completion of proposed phases or stages of construction; and

         h.   A statement regarding the compatibility of the proposed development with the surrounding neighborhood to include such things as use of buffer or transition zones, projected range of value of structures, type of materials to be used, square footage of structures, etc.

   D.   Review: Review of a PUD application shall consist of the following steps:

      1.   The developer shall supply evidence at or before the required public hearing that he has met with, or attempted to meet with, the property owners within three hundred feet (300') of the subject property and has shown them the PUD proposal. Such meeting shall be held at a reasonable time and in a location convenient to the neighborhood at least ten (10) days prior to the public hearing. Going door to door in the neighborhood shall be considered to meet this requirement;

      2.   Within thirty (30) days after receipt by city staff of all required PUD application documents for preliminary approval, a public hearing date shall be established and proper notice given, in accordance with the provisions set forth in section 11-17-2 of this title. Review and approval of the PUD application shall be based on the following considerations:

         a.   Whether or not the proposed PUD is consistent with the master plan;

         b.   Whether or not the proposed PUD is compatible with the existing and expected development of surrounding areas; and

         c.   Whether or not the proposed PUD is consistent with the stated purposes and standards of this chapter.

   E.   Approval: The PUD application for rezoning shall be processed as prescribed in section 11-17-5 of this title for the establishment of any zoning district. Upon approval of the application for rezoning, the property shall receive the planned unit development zoning designation. The ordinance rezoning the subject tract to planned unit development district shall specifically incorporate into the ordinance by reference the statement of intent which will become a part of the official records of the city. Upon the effective date of such ordinance, the designation "PUD" shall be recorded for each identifiable segment of the subject tract on the official zoning map.

   F.   Final Development Plan: The final development plan is a graphic representation of the proposed development which shall also serve as the preliminary plat if the subject tract is to be subdivided.

      1.   The final development plan shall be submitted in accordance with the procedures set forth in section 11-17-3 of this title and must be approved prior to the issuance of any building permits. Review and approval of the final development plan shall be based on the following considerations:

         a.   If including a preliminary plat, whether or not the proposed plat is consistent with all requirements of the subdivision regulations; and

         b.   Whether or not the final development plan is substantially consistent with the preliminary development plan and statement of intent.

   G.   Enforcement: No building permit shall be issued for property within the PUD except in accordance with the approved final development plan and statement of intent as adopted with the ordinance of rezoning, and pursuant to the requirements of section 11-17-1 of this title. In the case of PUDs which are to be subdivided, the issuance of a building permit for any property located therein shall also be contingent upon prior approval and recording of a final plat that is consistent with the approved final development plan, and upon prior receipt of a copy of any covenants or other required restrictions along with proof that said documents have been filed with the county clerk. Certificates of occupancy may be contingent upon the completion of streets, drives, walks, minimum parking and loading facilities, landscaping, and common use facilities coincident with the completion of structures adjacent to, or being served by, such facilities. (Ord. 5916, 8-9-1999)

   H.   Minor Amendments: Minor modifications to an approved final development plan may be authorized by the planning commission, when submitted by the community development director to the planning commission for its consideration and approval, provided that such modification is a minor amendment in accordance with the provisions of section 11-17-3 of this title and does not violate the approved statement of intent for the PUD. Substantial amendments shall require compliance with the notice and procedural requirements set forth in this section for new PUD applications. (Ord. 5916, 8-9-1999; amd. 2003 Code)

   I.   Abandonment And Reversion: An approved planned unit development may be abandoned upon the request of the property owner(s) of record of the subject tract, and subject to the application for, and approval of, an ordinance rezoning the property to its original designation or to a new designation in accordance with the provisions of subsection 11-17-5B of this title. Any planned unit development for which an application for approval of a final development plan is not submitted within five (5) years from the effective date of approval of the supplemental PUD designation or any planned unit development in which construction has not substantially commenced within five (5) years from the effective date of approval of the final development plan, will automatically revert to the zoning classification in effect on the property prior to the rezoning to planned unit development district. The owner thereof may reapply subject to the notice and procedural requirements set forth in this section for new PUD applications. (Ord. 5916, 8-9-1999)