1.   Purpose. In some situations, the nature of a proposed development project may require special planning between the developer and the City. This may relate to factors such as the density, physical layout, or arrangement of individual uses, which differ substantially from the requirements of a particular Zoning District.

   In the event that such a proposal is encountered, the City may establish a Planned Unit Development (PUD) Overlay District, to apply to that specific circumstance. This PUD may be used to accommodate innovative or imaginative approaches to design and development, through a negotiated contract between the City and one or more private entities. While the specific provisions will vary considerably from one such District to another, each shall comply with the basic requirements listed below.

2.   Characteristics of a Planned Unit Development.

   A.   A PUD may contain residential, business, service, or industrial uses. It may also be mixed use, containing a combination of two or more of the aforementioned uses, with the exception of residential and industrial, on the condition that these uses are deemed to be fully compatible with one another.

   B.   As an Overlay District, the PUD shall serve to complement the underlying Base Zoning District, by modifying specific provisions, to accommodate the proposed development in question.

   All requirements established by the Base District, which are not explicitly modified by the Overlay District, shall be enforced as written.

   As such, when an Overlay District is established, its provisions must clearly state which elements are made to be more flexible, and which are meant to comply entirely with the requirements of the Base District.

3.   Establishment of a PUD Overlay District.

   A.   Submission of Preliminary Plan. The owner(s) of a tract of land where a PUD is proposed shall submit a preliminary plan for the use and development of the property, to the Planning and Zoning Commission for its review.

   B.   Review by Planning and Zoning Commission. The Planning and Zoning Commission will study the plan, hold a public hearing, and report its findings on whether the plan is compatible with the basic requirements of this Ordinance. In addition, the Commission shall ascertain whether the proposed development complies with the following conditions:

      (1)   The applicant has demonstrated a need to provide adequate facilities at the proposed location, by means of market studies and/or such other evidence as the Planning and Zoning Commission may require.

      (2)   The proposed site for the PUD is adequate in size to provide convenient facilities for the population which it may be reasonably expected to serve, allowing for reasonable future expansion.

      (3)   The proposed PUD is at a location where traffic congestion does not presently exist, or is not likely to be created as a result of the development, on all streets used for primary access to the site. Prevention of future traffic congestion may be accomplished through the allocation of new streets or service drives, the precise arrangement of entrances and exits, and by internal provisions for parking and traffic flow.

      (4)   The plan provides for a PUD consisting of one or more groups of buildings of integrated and harmonious designs, together with adequate and properly arranged traffic and parking facilities and landscaping. The project is arranged in an attractive and efficient manner, being convenient, pleasant and safe to use.

      (5)   If a mix of land use types is present, the uses in question are deemed to be compatible with one another, under the density and physical layout of the proposed development.

      (6)   The proposed development is compatible with adjoining or surrounding land uses, and would have no adverse effects upon them.

      (7)   The applicant is financially able to carry out the proposed project, construction shall begin within two years of approval, and the project will be completed within a reasonable amount of time.

   C.   Final Development Plan. Upon determination by the Planning and Zoning Commission that the proposed PUD, as shown in the preliminary plan, appears to conform to the requirements listed above, the applicant(s) shall prepare and submit a final development plan, which shall incorporate any changes or modifications required by the Commission.

   D.   Draft of Overlay District. If the final development plan is found to comply with all applicable requirements, the Planning and Zoning Commission shall work with the City to draft the provisions of an Overlay District for the location of the PUD, using the final development plan as a model for the necessary relaxation of certain requirements of the Base District.

   E.   Recommendation to Council. The Planning and Zoning Commission shall submit the final plan, along with its report and recommendation to create an Overlay District, to the City Council. The Council may accept, reject, or modify the plan, consistent with the intent and meaning of this Ordinance.

   F.   Creation of District. If approved by the City Council, an Overlay District shall be established for the PUD in question, and the Zoning Map will be amended to reflect this change.

   G.   Sign Requirements. Subject to the provisions of Chapter 160 of this Code of Ordinances and approval by the Board of Adjustment, all signs within the PUD shall be controlled by written agreement between the owners and tenants of commercial space, with the intent to prevent excessive advertising and promote a harmonious appearance of the development as a whole.

   H.   Compensation Expenses. The developer shall be responsible for reasonable expenses incurred by the Planning and Zoning Commission in obtaining technical services to review development plans.