3.07.05 Zoning Map Amendment–Planned Unit Development (PUD).
A. Applicability. A PUD may be used to permit new or innovative concepts in land utilization, master-planned communities, mixed use development that other zoning districts do not accommodate, and to provide site-specific compatibility standards. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established to insure against misuse of increased flexibility. PUDs are appropriate in areas where the Comprehensive Plan reflects the specific uses proposed in the PUD or where the Comprehensive Plan reflects mixed use as a land use category.
B. Submission Requirements. The applicant is responsible for submitting an application for a PUD that must include submission of a proposed development ordinance with an attached General Development Plan. The proposed ordinance, as modified and if approved by the City Council, shall be binding on the applicant and its successors. Final action on the PUD includes final action on the proposed development agreement. Any future development permits must comply with the final approved development ordinance.
The PUD development ordinance and general development plan must provide sufficient information for the Council’s evaluation. These submission items must also include development standards which shall address: uses, density, lot area, lot width, lot depth, yard depths and widths, setback requirements, building height, building elevations, building articulation, parking, access, streets and circulation, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, restrictive covenants and other restrictions, fiscal surety for completion of construction of improvements, cost participation agreements, and other requirements the City Council may deem appropriate.
C. Approval Criteria (PUD).
Upon receipt of the Planning and Zoning Commission’s recommendation to the City Council, the Council will consider the following specific objectives and criteria in making a determination on the development ordinance and general development plan associated with the PUD. Rezoning to and development under the PUD district will be permitted only if the development ordinance and general development plan meet the following criteria:
1. Compatible with the goals and policies of the Comprehensive Plan.
2. Assurance of adequate utility infrastructure in conformance with utility and drainage plans available.
3. Assurance of a variety of housing types, employment opportunities or commercial services to achieve a balanced community for families of all ages, sizes and levels of income.
4. Provision of a comprehensive transportation system for bicycle, pedestrian and vehicular traffic that is connected and integrated with existing development.
5. Provision of a gross site area as well-designed and appropriately improved open space.
6. Development is staged in a manner that can be accommodated by the timely provision of public utilities, facilities and services.
D. Effect of Council Approval. City Council approval of a PUD also constitutes final approval of the binding PUD development ordinance and PUD general development plan that were attached to the PUD application, as modified by the City Council.
E. The PUD development ordinance, as modified and approved by the City Council, becomes, in effect, a modification to the regulations and standards of this Code that apply only to the area of land described by the PUD development ordinance. All future or ongoing development approvals or permits within the area of the PUD shall comply with the PUD development ordinance in addition to this Code.
F. The PUD general development plan, as modified and approved by the City Council, becomes, in effect, an amendment to the City’s Comprehensive Plan and Zoning Map that applies only to the area of land described by the PUD. All future or ongoing development approvals or permits, including any plat-related approval, shall comply with the PUD general development plan in addition to the City’s Comprehensive Plan.
G. Minimum Requirements. Unless otherwise indicated in the approved PUD development ordinance or PUD general development plan, the minimum requirements for each development shall be those stated in this Code for subdivisions and the requirements of the most restrictive standard zoning district in which designated uses are permitted.
H. Responsibility for Final Action. Decisions regarding a Planned Unit Development (PUD) shall be reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission shall forward its recommendation to the City Council, which is responsible for final action on a PUD.
