Chapter 16-56
PUD PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
Sections:
16-56-010 Planned unit development overlay district established.
16-56-050 Preliminary planned unit development review.
16-56-060 Preliminary plan application.
16-56-070 Preliminary plan public hearing.
16-56-080 Preliminary plan approval.
16-56-010 Planned unit development overlay district established.
The planned unit development, PUD district, is an overlay district and may be established in addition to the underlying district. (Ord. 2286 § 18.0 (part), 1982)
16-56-020 Purpose.
The purpose of the planned unit development (PUD) legislation is to encourage flexibility in the development of land in order to promote its most appropriate use. The intent of this regulation is to improve design, character and quality of new development through public negotiation between the developer and the planning and zoning commission; to allow special consideration of property with unique features, including, but not limited to, historical landmarks, architectural, style, size, shape and landscaping amenities; to facilitate the adequate and economic provisions of streets and utilities; and to preserve the natural and scenic features of open areas alongside major developments. (Ord. 3462 § 20, 2022; Ord. 2286 § 18.0 (part), 1982)
16-56-030 Location.
A planned unit development may be located in any residential, commercial, industrial or institutional district upon approval of the terms and conditions of this title by the planning and zoning commission and the city council. (Ord. 3462 § 20, 2022; Ord. 2286 § 18.1, 1982)
16-56-040 Permitted uses.
A. A planned unit development shall be granted as an amendment in accordance with the procedures and standards of the ordinance codified in this title.
B. The planned unit development overlay district shall comply with the underlying zoning requirements of the district the PUD is located in. Deviation from this provision is allowed if the proposed use is a minor accessory component to the overall development plan and does not exceed more than ten (10) percent of the total floor area of the PUD.
C. The site of the planned unit development must be under single ownership and/or unified control and be not less than sixty thousand (60,000) square feet in area, except in the BD downtown business district where the city intends to promote smaller and more intensive development.
D. Fence requirements as permitted in Chapter 16-68 are subject to developmental standards, negotiable between the developer and the planning and zoning commission.
E. Off-street parking and loading requirement as permitted in Chapter 16-72 are subject to developmental standards negotiable between the developer and the planning and zoning commission.
F. Sign requirements as permitted in Chapter 16-64 are subject to developmental standards, negotiable between the developer and the planning and zoning commission. (Ord. 3462 § 20, 2022; Ord. 2286 § 18.2, 1982)
16-56-050 Preliminary planned unit development review.
Prior to filing an application for a planned unit development, the developer shall submit to the director of planning three copies of the preliminary plan of said project for staff review. The following proposals shall be reviewed by the department of planning:
A. Proposed dimensional layout to scale of any streets, building, open space lots and other elements basic to development;
B. Proposed locations, densities and types of all uses within the area of the development;
C. Proposed plan for handling vehicular traffic, parking, recreational facilities and site treatment;
D. Any other information that may be requested by the planning and building department. (Ord. 2286 § 18.3(1), 1982)
16-56-060 Preliminary plan application.
Application for approval of the planned unit development preliminary plan shall be submitted to the department of planning. The submitted development plan must contain all of the following information:
A. A current map illustrating topographic features and contours; existing and projected zoning patterns; land uses; the location and size of all existing and proposed buildings;
B. Elevation and perspective drawings of each type of building, structure and improvements;
C. A map illustrating internal traffic and circulation patterns, off-street parking areas, and major points of egress and ingress to all public streets, if applicable;
D. Detailed maps of areas to be conveyed as common open space, and of any improvements to be constructed therein;
E. A landscape plan, if applicable;
F. Agreement and covenants which govern the use, maintenance and continued protection of the planned unit development and its common open space, if applicable;
G. A development schedule indicating the approximate dates when construction of the planned unit development will begin and will be completed and the anticipated rate of development;
H. A plan for sewer, water and drainage showing connection to existing city system as well as internal system in the project area. (Ord. 2286 § 18.3(2), 1982)
16-56-070 Preliminary plan public hearing.
The planned unit development preliminary plans shall be completed and made available for public inspection at least fifteen (15) days prior to the regular scheduled public hearing of the planning and zoning commission. The department of planning shall review and forward the plans with a recommendation to the planning and zoning commission. The planning and zoning commission may approve the planned unit development with or without modification, if it is in compliance with the comprehensive plans of the city and if the planning and zoning commission finds that the following criteria, standards and requirements have been satisfied:
A. Adequate spacing must be provided between buildings and structures, giving consideration to their height, designs, location and siting; to the placement and extent of facing windows areas; and to intervening streets, land contours, topography and such other natural features as will assure privacy and amenity.
B. If a planned unit development is appropriately related to a surrounding neighborhood and a buffer zone has been deemed necessary by the planning and zoning commission between the PUD and any adjacent residential use district, the buffered area must be maintained and be free of yards, parking structures and buildings. Recreation facilities must be landscaped, screened or protected by natural features so that adverse effects on surrounding properties are minimized.
C. No planned unit development shall be approved until the developer has submitted a preliminary plan, setting forth the site, structure and densities of the proposed uses.
D. Any common open space included within the planned unit development which is suitable for amenity, landscaping or recreation purposes must give consideration to the size, character and location of dwellings to be constructed within the planned unit development. Any common open space provided in the planned unit development must be accessible and available to all occupants of the planned unit development. No area devoted to street parking or vehicular use may be considered as open space and may not be part of the area considered as a buffer zone.
E. Common open space must be suitably improved for its intended use, but common open space containing natural features, worthy of preservation, may be left unimproved. The building structures and improvements which are to be constructed in common open space must be conservative and enhance the amenities of the common open space, having regard for its physical quality and character.
F. The internal street system must be safe and convenient; provide safe and adequate access to existing streets; and provide for an adequate system of internal circulation, giving consideration to the type and volume of traffic to be generated by the planned unit development. Unless otherwise approved by the planning and zoning commission, standards for streets required by the department of planning shall be used.
G. Off-street parking areas must provide safe and convenient access to streets, buildings and walkways and provide adequate space for egress and ingress of motor vehicles.
H. Pedestrian access must be arranged so as to provide safe and convenient routes to, from and within a planned unit development. Pedestrian access interconnected by a common pedestrian system must be accessible to residential dwelling units.
I. Trees, ground covers, streams, woodland and all other natural features must be preserved, so far as practicable. In addition, adequate landscaping areas must be provided appropriate to the planned unit development giving consideration to height, location, siting of buildings, type and configuration of materials used, and the maintenance they require. Suitable landscaping is required for all off-street parking areas. (Ord. 3462 § 20, 2022; Ord. 2286 § 18.3(3), 1982)
16-56-080 Preliminary plan approval.
A. Upon conclusion of the planning and zoning commission public hearing, the planned unit development shall be forwarded as final draft to the city council. The city council shall hold a public hearing reviewing the planning and zoning commission’s recommendation, together with the department of planning report, and such other documents as may be pertinent to the planned unit development.
B. Upon conclusion of the public hearing, the planning and zoning commission may request a final development plan. This final development plan shall consist of all information required on the preliminary plan and incorporating all changes required by the planning and zoning commission. The planning and zoning commission shall then forward all recommendations to the city council. All development shall be in conformity with the final development plan as approved by the city council. (Ord. 3462 § 20, 2022; Ord. 2286 § 18.3(4), 1982)
16-56-090 Covenants—Required.
The developer shall require, as a condition of sale of each parcel of land in said planned unit development, that the facilities restriction, requirement and all other conditions of the planned unit development shall be carried out and adhered to by all subsequent owners of said real estate as well as the developer thereof, which restriction, requirement and condition shall be deemed covenants which run with the land, and all deeds or other instruments executed by the owner of said property shall so designate said covenants. (Ord. 2286 § 18.4, 1982)