§ 28-48. Planned unit development district (PUDD).

(a)

Intent. The PUDD is designed to offer an alternative to the fixed provisions typical to traditional zoning districts by creating a separate district. The PUDD regulations offer flexibility in development design by using performance criteria to regulate development. Where these criteria are deemed appropriate, a PUDD approval process, as the basis for land use control, can replace the dimensional and use specifications of traditional districts.

(b)

Objectives. PUDDs must achieve the following objectives:

(1)

Promote maximum choice in the types of environment, lot sizes, and community facilities available.

(2)

Encourage more usable tracts of land for open space, recreational purposes, and common use.

(3)

Preserve trees, outstanding natural topography, and geologic features, and prevent soil erosion.

(4)

Preserve historically and culturally significant structures and areas of the city.

(5)

Offer creativity through mixed-use developments to promote urban-cultural diversity.

(6)

Encourage creative use of land and reuse of existing structures, which can be planned to relate to surrounding physical development.

(7)

Attain more efficient use of land as a result of smaller networks of utilities and streets, and thereby lower costs.

(8)

Achieve a development pattern in harmony with the objectives of the comprehensive plan.

(9)

Provide an opportunity to locate necessary community facilities within residential neighborhoods.

(10)

Create a more desirable environment than would be possible through the application of strict zoning requirements applied in other sections of this chapter.

(c)

Applicant requirements. As a condition precedent to PUDD zoning approval, an applicant for a PUDD must demonstrate that:

(1)

The PUDD will result in a recognizable and substantial benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved.

(2)

The proposed type and density of use will not result in an unreasonable increase in the use of public services, facilities, and utilities, and will not place an unreasonable burden upon the subject or surrounding land, property owners and occupants, or the natural environment.

(3)

The proposed PUDD will not have a materially adverse impact upon the land use plan of the city and will be consistent with the intent and spirit of this chapter.

(4)

The proposed PUDD will be under single ownership or control and there will be a single person or entity having responsibility for completing the project. This provision will not prohibit a transfer of ownership or control, upon due notice to the chief building inspector.

(d)

Project design standards.

(1)

Both residential and nonresidential uses are permitted with a maximum density and intensity determined appropriate by the city planning commission based upon the applicant's demonstration of design excellence in the PUDD that results in a substantial benefit to all or a significant portion of ultimate users of the PUDD. These benefits may include development of innovative design producing significant energy efficiency, historic or cultural preservation, pedestrian or vehicular safety, or a long-term aesthetically pleasing appearance.

Nonresidential uses, including parking and vehicular traffic-ways, must be separated and buffered from residential units in a manner consistent with good land and community planning principles; provided, it is recognized that this provision may have limited application to multi-use buildings.

(2)

The PUDD must be designed so as to promote preservation of natural and cultural resources and features. In the interpretation of this provision, natural and cultural resources and features may be impaired or destroyed if it is in the public interest to do so. In determining whether action is in the public interest, the benefit which would reasonably be expected to accrue from the PUDD must be balanced against the reasonably foreseeable detriment caused by the loss of the natural and cultural resources and features, taking into consideration the local, state, and national concern for the protection and preservation of natural and cultural resources and features, and taking into account the provisions and standards of any environmental protection act or historic preservation act.

(e)

Pre-application conference. Before the application is submitted for approval, the applicant must meet with the appropriate city staff and other consultants, as either deem appropriate. At the conference, the applicant must present at least a sketch plan of the PUDD, as well as the following information:

(1)

A legal description of the property in question.

(2)

The total number of acres in the project.

(3)

A statement of the approximate number of residential units, the approximate number and type of nonresidential units, and the approximate number of acres to be occupied by each type of use.

(4)

The number of acres to be preserved as open or recreational space.

(5)

All known natural resources and natural features.

(f)

Procedure for review and approval of preliminary plan.

(1)

The applicant must submit seventeen (17) copies of a preliminary plan, including a preliminary site plan, to the chief building inspector within ninety (90) days following the pre-application conference required above. The chief building inspector will present the preliminary plan to the planning commission for consideration at a regular or special meeting following the pre-application conference.

(2)

The preliminary plan must include the following:

a.

Applicant's name and address.

b.

The name of the proposed PUDD.

c.

Common description of property and complete legal description.

d.

Dimensions of land, width, length, acreage and frontage.

e.

Existing zoning and zoning of all adjacent properties.

f.

Statement of intent of proposed use of land and any phasing of the project.

g.

Name, address, city and phone number of firm or individual who prepared the plan, the owner of the property, and the applicant, if other than owner.

h.

Existing and proposed right-of-way width of all adjoining and internal roads, and layout of all internal roads.

i.

Proposed acceleration, deceleration, and passing lanes.

j.

Location of existing drainage courses, floodplains, lakes, streams, and wetlands.

k.

Intentions with respect to water and sewer.

l.

All parking areas and number of spaces by size.

m.

The number and location of areas to be preserved as open or recreational space.

n.

All known natural and cultural resources and features.

o.

Density calculations for residential units, number and types of units (if applicable), and floor area per habitable space.

p.

A community impact statement if the property on which the PUDD is to be situated consists of twenty-five (25) acres or more.

q.

A fair representation of the PUDD concept, including each type of use, square footage or acreage allocated to each use, approximate locations of each principal structure and use in the development, setbacks, typical layout and elevation for each type of use.

r.

Specification of each deviation from the applicable ordinance regulations which will be sought to be approved, and the safeguards, features or planning mechanisms proposed to achieve the objectives intended to be accomplished by the regulations from which a deviation is being sought.

s.

The planning commission or the city council may require a topographical map if the size of the project or nature of the topography indicates that such document would be meaningful to the review.

(3)

Planning commission review of preliminary plan. The planning commission will review the preliminary plan during a public hearing. Notice of the hearing shall be provided as required in section 28-8. At the hearing, the planning commission may make reasonable inquiries of and receive answers from the applicant. Following review, the planning commission must provide the applicant with written comments, which will become part of the official minutes of the planning commission. The action of the planning commission must take place within sixty (60) days of receipt of all materials required in the preliminary plan, unless mutually agreed upon between the planning commission and the applicant.

(4)

City council review of preliminary plan. The planning commission must forward the preliminary plan, together with its written comments, to planning staff who will notice the preliminary plan for public hearing before the city council. Notice of the hearing shall be provided as required in section 28-8. Within a reasonable time following the public hearing, the city council must approve, approve with conditions, or deny the preliminary plan. If the council approves, or approves with conditions, the preliminary plan, it will be an authorization of the concept embodied in the preliminary plan, subject to submission, review, and approval of the final plan described below. In reviewing the preliminary plan, the city council will review and determine whether the basic concept of the proposal is consistent with the intent and spirit of this chapter. In no case may the preliminary approval be construed as a final approval of the plan and the preliminary approval is subject to review and approval of the final plan.

(5)

Criteria for preliminary approval. The planning commission and city council will consider the following relevant criteria: compliance with all related applicable regulations; perimeter setback and berming; thoroughfare, drainage, and utility design; underground installation of utilities; insulation of the pedestrian circulation system from vehicular thoroughfares and ways; achievement of an integrated development with respect to signage, lighting, landscaping, and building materials; and, particularly in cases where nonresidential uses adjoin off-site residentially zoned property, noise reduction and visual screening mechanisms.

(g)

Procedure for submission and review of final plan.

(1)

The final plan constitutes an application to amend this chapter, and upon receipt will be noticed for public hearing before the planning commission and the city council for rezoning, as consistent with section 28-8 or as provided by law.

(2)

Within six (6) months following receipt of the preliminary plan approval, the applicant must submit to the chief building inspector seventeen (17) copies of a final plan, including a final site plan. If the final plan is not submitted within six (6) months, the preliminary plan approval lapses and the applicant must recommence the review process. However, the city council may extend the time for submission of the final plan if the applicant shows that no material change of circumstances has occurred including that the law and ordinance impacting upon the PUDD have not changed.

(3)

The final plan must include the following:

a.

All requirements for the preliminary plan.

b.

All requirements for site plan review under this chapter.

c.

A site plan showing the type, location and density of all uses.

d.

All open spaces, including preserves, recreational areas, and the like, and each purpose proposed for such area.

e.

Evidence of market need for the use and economic feasibility of the development.

f.

A detailed landscaping plan.

g.

A specific schedule of the intended development and construction details, including phasing or timing, and the general improvements to constitute a part of the development, including at least lighting, signage, utilities, visual screening features and the mechanisms designed to reduce noise.

(h)

Review of final plan.

(1)

Reasonable conditions may be required with the approval of a PUDD rezoning, to the extent authorized by law, for the purpose of insuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased services and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources and energy, insuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed must be designed to protect natural and cultural resources and the public health, safety, and welfare of individuals in the PUDD, those immediately adjacent thereto, and the community as a whole; must be reasonably related to the purposes affected by the planned unit development; and must be necessary to meet the intent and purpose of this chapter. All conditions imposed must be made a part of the record of the approved PUDD.

(2)

The city council may depart from compliance with a generally applicable regulation when such is consistent with the PUDD and the city council finds that the plan provides adequate mechanisms to achieve the regulation's original objective.

(3)

The approval of the PUDD rezoning, together with all conditions imposed, will constitute the land use authorization for the property. All improvements and uses must be in conformity with such plan and any approved amendments thereto. Upon approval, the property for which the plan has been approved will be designated "PUDD" on the official zoning map of the city. The applicant must record an affidavit with the register of deeds containing the legal description of the entire development, specifying the date of approval of the PUDD, and declaring that all future development of the PUDD property has been authorized and required to be carried out in accordance with the approved PUDD unless the city council adopts an amendment at the request or approval of the applicant, or applicant's transferees or assigns.

(i)

Phasing and commencement of construction.

(1)

Where a PUDD is proposed for construction phases, the planning and designing must be such that, upon completion, each phase will stand on its own in terms of the presence of services, facilities, and open space, and will contain the necessary components to insure protection of natural resources and the health, safety, and welfare of the users of the PUDD and the residents of the surrounding area.

(2)

Construction must be commenced within one (1) year following final approval of a PUDD rezoning, or within one (1) year of any other necessary governmental approval for commencement of the development, whichever is later, provided all other necessary approvals have been actively pursued. Each phase of the PUDD must commence within one (1) year of the schedule established for it in the application submitted for the PUDD. If construction is not commenced within such time, any approval of the final plan for the PUDD lapses and is null and void. However, the city council may grant an extension for a specified time period if the applicant makes a request for extension before the expiration of the initial period and demonstrates good cause. If the final plan expires, the city council may rezone the property in any reasonable manner. If the property remains classified as a PUDD, a new application for a PUDD must be filed and reviewed in light of the then existing and applicable law and ordinance provisions.

(j)

Fees. Fees, as established by city council resolution pursuant to section 28-6, must be paid when the applicant files the preliminary plan and the final plan.

(Ord. No. 2003.10, § 1, 8-12-03; Ord. No. 2011.15, § 3, 8-16-11)