Section 29-10 District PUD, planned unit development.


Prior to the adoption of Ord. 18464 on 04/04/2005, Section 29-10 read as follows.


    (a)     Purpose. The purpose of Tthis district is to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land intended to provide for innovative housing developments. The major objectives of a planned unit development are:

    (1)    To allow for a mixture of housing types and densities located in proximity to each other promote flexibility in the design and location of structures.

    (2)    To promote the efficient use of land and to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities.

    (3)    To preserve existing landscape features and amenities and to use such features in a harmonious fashion.

    (42)    To provide for more usable and suitably-located common open space and amenities facilities than would otherwise be provided under conventional land development standards procedures.

    (b) Permitted Uses. In district PUD, no building, land or premises shall be used and no building shall be hereafter erected, constructed, reconstructed or altered except for one or more of the uses allowed by the ordinance placing the property in district PUD (for exceptions, see section 29-28, Non-Conforming Uses; and section 29-31, Board of Adjustment) The commission shall recommend and the council, at the time of rezoning, shall designate the use or uses allowed for the applicant's property from the following uses:

One or more or all of the permitted uses in district R-1.

One or more or all of the permitted uses in district R-2.

One or more or all of the permitted uses in district R-3.

    Bed and breakfast establishment, subject to the following criteria:

1.    That not more than five (5) guest rooms shall be allowed.

2.    That in addition to meeting all parking requirements of Section 29-30, there shall be one off-street parking space provided for each guest room.

3.    That there shall be no individual room cooking facilities used for the bed and breakfast stay.

4.    That the establishment shall be owner-occupied and managed.

5.    That the establishment shall comply with all applicable adopted city fire and building codes and shall be inspected for such compliance by the protective inspection division of the city public works department prior to an occupancy permit being granted.

6.    That only one wall-mounted sign, not exceeding eight (8) square feet in size, shall be allowed.

7.    That meals may be served only to residents and overnight guests.

Private lakes.
     
    Private outdoor swim and tennis clubs.

Private stables.

Private golf courses and country clubs. Facilities permitted under this use would be permitted to provide those types of services generally associated with such clubs to their members, including those otherwise permitted only in commercial districts.

    Temporary Shelter, subject to the following.

(1)    A zoning petition for a temporary shelter shall include information about the size and design of the structure, population groups served, length of stay permitted, maximum design capacity and support services provided.  These items shall be used to determine if the facility is appropriate for the neighborhood.

(2)  A temporary shelter shall not be located within one thousand (1,000) feet of another temporary shelter.

(3)    The minimum lot area for a temporary shelter shall be 7,500 square feet. If a proposed temporary shelter structure is larger than 2,500 square feet of gross floor area there shall be provided an additional 1,500 square feet of lot area for each additional 500 square feet of gross floor area within the structure.

(4)    The shelter shall submit a semi-annual report to the protective inspection division of the public works department stating maximum monthly occupancy level and support services provided by the shelter.

    (c)    Conditional uses.  The following uses shall be permitted in district PUD only after the issuance of a conditional use permit pursuant to the provisions of Sec. 29-23:

    (1)    Buildings and premises for public utility services or public service corporations whose buildings or uses the Board deems reasonably necessary for public convenience or welfare.

    (2)    Home occupations, subject to the criteria listed for home occupations in Sec. 29-6(b), except that the home occupation may be carried out by the occupants of the dwelling unit as well as by one full-time (40 hour) individual or two one-half time (20 hours each) individuals who do not reside in the dwelling unit and not more than forty percent (40%) of the total floor area of the dwelling unit and garage shall be devoted to the home occupation.  A conditional use permit for a home occupation shall expire three (3) years from the date of approval, after which a new conditional use permit may be requested.

    (cd) Standards and Criteria. The following standards and criteria shall apply to all PUD developments:

    (1)    Design characteristics. The proposed PUD shall be designed to provide for the unified development of the area. The design may provide for one or more dwelling unit types, and may consist of individual lots, or it may have common building sites.

    (2)    Open space or common land shall be an essential and major element of the plan.

    (3)    Establishment of PUD. A PUD may be approved, provided that all the provisions of this section are complied with, but approval is not mandatory, and PUD is not a use of right.

    (4)    Density of development.

The maximum density shall be calculated on the land area that remains after deducting all perimeter and interior street right-of-way requirements as determined by city street standards and the major roadway thoroughfare plan.

The actual density of the PUD shall be determined by conditions specifically applicable to the site such as topography, the character of the surrounding property, traffic movement, or adequacy of public services.

When zoning on property is changed to PUD, the zoning district map shall designate the property as PUD, followed by a number with up to one decimal place (e.g. 5.5) which shall indicate the maximum allowable dwelling units per acre on that particular site.

     (5)    Building height. No specific maximum; however, building height shall be compatible with the surrounding area.  Buildings shall not exceed forty-five (45) feet in height, except that the applicant may request or the commission may recommend and the council may approve a greater maximum building height.

    (6)    Lot size. No minimum requirement.  Lots shall not be less than 2,500 square feet for one-family detached dwellings, except that the applicant may request or the commission may recommend and the council may approve a smaller minimum lot size.  No minimum lot size requirement for all other housing types.

    (7)    Yards. There shall be a twenty-five (25) foot setback from all perimeter property lines of the PUD, except the setback from property lines other than street right of way shall be ten (10) feet for side yards and twenty (20) feet for rear yards when the PUD or portion thereof consists of one-family or two-family dwellings.  The setback is intended to be a landscaped buffer; however, driveways (but not parking) are allowed. The applicant may request or the commission may recommend and the council may approve modifications in the width of or use of the setback when unique conditions warrant such modifications.

        Other minimum setback requirements shall be as follows:  front yard abutting a perimeter street - twenty-five (25) feet; front yard abutting an interior street - twenty (20) feet for a garage or carport facing the street and fifteen (15) feet for other portions of the building; interior side yard - five (5) feet; exterior side yard on the street side of a corner lot - fifteen (15) feet; interior common wall - zero (0) feet; zero lot line - zero (0) feet on one side and ten (10) feet on the other side; and rear yard - twenty (20) feet.  There shall be no setback required from a common area as long as the common area is at least as wide as the required yard.  There shall be one (1) additional foot of interior side yard setback required for each additional foot of height for buildings over forty-five (45) feet. The applicant may request or the commission may recommend and the council may approve lesser minimum setbacks.

    (8)    Vision clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign, or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

    (9)    Access. The streets within the proposed development shall be public and within a public right-of-way, except private streets may be permitted under the following conditions:  

a.    The streets shall be designed, constructed, and maintained according to any applicable minimum City standards for private streets;

b.    The streets will serve two (2) or more lots or property in multiple ownership;

c.    The private streets do not provide the only vehicular access to public streets from other property located outside the PUD;

d.    The streets shall be located in designated common areas which shall be platted as a separate lot or lots;

e.    A notation shall be written on the approved plan and recorded plat which reads: “All maintenance of the private streets shown on this plat shall be the responsibility of the homeowners association or abutting property owners.  No private streets shall be dedicated to nor accepted by the City for maintenance until they have been improved to minimum City standards for public streets.”; and

                f.    The street signs for private streets shall indicate “private street” so as to distinguish them from public streets.  Sidewalks shall be required along private streets as they would be required for public streets, except no sidewalks shall be required on the side of a street without any dwellings or driveways.   

Other driveways and pedestrian ways shall be adequate to serve the residents and visitors of the PUD.

    (10)    Parking. The provisions of section 29-30, off-street parking and loading, shall apply, except the applicant may request or the commission may recommend and the council may approve a lesser parking requirement if, after considering the proposed use, the availability of other parking in the area (including parking on public streets) and other relevant factors, it is demonstrated that a lesser requirement is appropriate. The commission may recommend and the council may allow some of the required parking to be deferred.  This shall be done by noting such parking spaces on the plan as “future parking if needed”.  The future parking may be placed within landscaped areas, as long as the landscaped areas are in excess of the minimum area required to be landscaped.  The property owners shall establish additional parking spaces in the “future parking” area when directed to do so by the council. Additional off-street parking shall be provided when warranted by expected occupancy or development densities.

    (11)    Homeowners association. A Where homeowners associations shall be established when are needed, homeowners association documents shall be recorded, prior to certificate of occupancy permits being granted, to improve, operate and maintain for purposes of improving, operating and maintaining private common facilities, including but not limited to streets, drives, service areas, parking areas and recreation areas.  Homeowners association documents shall be recorded after the final plat is recorded and prior to conveyance of title to any lot.

    (12)    Screening and Landscaping.  For PUDs or portions thereof consisting of single-family detached dwellings on individual lots or two-family attached dwellings on individual lots (except as specified below), the provisions of Sec. 29-25 shall not apply; however, this requirement shall be met by depicting the proposed landscaping on a “typical lot”.

For all other PUDs or portions thereof and for PUDs or portions thereof consisting of two-family attached dwellings on individual lots which have side or rear property boundaries abutting collector or arterial street right of way, compliance with Sec. 29-25 is required.  The applicant may request or the commission may recommend and the council may approve modifications in the screening and landscaping requirements, such as openings in screening buffers for pedestrian walkways.

    (13)    Lighting.  The provisions of Sec. 29-30(h)(5) shall apply.

    (de)     Procedure for Establishing PUD Zoning and for Review and Approval of a PUD Site Plan:

    (1)    The first step in the approval process should be a concept review to discuss and document the proposal. The concept review is an informal discussion and review between the director of planning and development or his designee and the developer to discuss land use and development concepts, applicable regulations, and other concerns that may be raised.

    (2)    The second step shall be the submittal of a request for rezoning to PUD. Rezoning shall be done in accordance with section 29-34 of this chapter and shall be accompanied by a statement of intent. The statement of intent shall be a letter, signed by the applicant or his agent, containing the following information about the proposed PUD:

a.  The uses proposed.

ab.  The type(s) of dwelling units proposed and any accessory buildings proposed.

bc.  The maximum number of dwelling units proposed and the development density.

        cd.     The maximum building height proposed.

de.  The total number of parking spaces proposed and the parking ratio per dwelling unit.

ef.  The minimum percentage of the entire site to be maintained in open space, shown by the percent in such as landscaping and the percent left in existing or natural vegetation.

fg.  Any amenities proposed, such as swimming pools, golf courses, tennis courts, hiking trails or club houses.

gh.  A general description of the plan including minimum lot sizes, if applicable, minimum building setbacks from perimeter and interior streets, other property lines and minimum setbacks between buildings.

    (3)    The commission and council may require other plans or data as they deem necessary to accompany the statement of intent.  The statement of intent shall become part of the ordinance approving the PUD zoning and. The statement of intent shall be binding upon the owners, their heirs and assigns until such time as the council shall release such limitations on the use of the subject property under the procedures provided herein. The statement of intent is intended to provide guidance for any future revisions to the PUD site development plan.

    (4)    The commission and council may require other plans or data as they deem necessary to accompany the statement of intent.

    (3)    The commission shall then hold a public hearing.  After the public hearing, the commission shall forward its recommendation to the council.

    (4)    The council, after a public hearing, shall approve, approve with conditions, or disapprove the PUD zoning request.  An ordinance placing property in district PUD shall specify the uses allowed.  Prior to a vote on an ordinance placing property in district PUD that contains conditions, the applicant shall be given an opportunity to:

a.    Accept the conditions; or

b.    Request a modification of the conditions; or

c.    Request that the application be voted on without conditions; or

d.    Request that the application be disapproved; or

e.    Withdraw the application.

    (f)    Procedure for Review and Approval of a PUD Development Plan:

    (51)    After the rezoning to PUD, the applicant shall submit a PUD site development plan, which is in conformance with the ordinance approving the PUD zoning, for a public hearing by the commission. The procedures for application, review and public hearing on a PUD site development plan shall be the same as for the rezoning except that a public hearing shall only be conducted by the commission and not the council. After the public hearing, the commission shall forward the PUD site development plan to the council with its recommendations. The council shall take action on to approve, approve with conditions, or disapprove the plan.

        As an option, the applicant may submit a PUD site development plan along with the petition for rezoning to PUD and statement of intent, in order to abbreviate the approval process.

    (62)    The PUD site development plan submittal shall include the following:

        a.    Name of the PUD.

        b.    A north arrow, scale, small location map, and the size of the site to the nearest one-tenth (0.1) of an acre.

        c.    The names and addresses of the record owners of the land and their agents.

        d.    The names of adjacent property owners of unsubdivided land and the names of adjacent subdivisions.

        e.    The existing topography of the site with contour intervals no greater than five (5) feet, and the specific location of the one-hundred-year floodplain, if applicable.

        f.    The location and maximum height of all buildings. In the case of one or two-family units on individual lots, this requirement can be met by use of building "envelopes" which show the portion of the lot within which structures may be located.

        g.    The location and number of parking spaces, drives, walkways, and the parking ratio.

        h.    The location and width of existing street rights-of-way, alleys, roads, railroad rights-of-way, and recorded easements; and the proposed location, width, name and grade for any new street.

        i.    The location of existing and proposed sanitary sewers, water mains, storm sewers and natural gas mains within or adjacent to the site.

        j.    The types of dwelling units, other uses, and proposed density of development.

        k.    The location and size of all areas to be conveyed, dedicated or reserved as common open space, public parks, pedestrian ways, recreational areas, school sites, and similar public or semipublic uses.

        l.    The location and dimension of the 25-foot wide perimeter setback and other building setbacks.

m.    Signature blocks for commission and council approvals on all exhibits considered part of the PUD site development plan.

n.    A conceptual landscaping plan showing the areas to be landscaped or preserved, the general types of landscaping materials (trees, shrubs, lawn, etc.) proposed for each area, and the percent of the total site to be landscaped or preserved.  A landscaping plan (including any tree preservation areas) which complies with the requirements of Section 29-25 and Chapter 12A may be submitted with the PUD development plan or at the time of application for a land disturbance or building permit. For PUDs or portions thereof consisting of single-family detached dwellings on individual lots or two-family attached dwellings on individual lots (except as specified below), the provisions of section 29-25 (Screening and Landscaping Requirements) shall not apply; however, this requirement shall be met by depicting the proposed landscaping on a "typical lot." For all other PUDs or portions thereof, and for PUDs or portions thereof consisting of two-family attached dwellings on individual lots which have side or rear property boundaries abutting collector or arterial street right of way, compliance with section 29-25 (Screening and Landscaping Requirements) is required.

o.    The phasing of structures, streets and amenities within the development.

p.    A conceptual stormwater management plan showing critical environmental areas such as streams, lakes, ponds, and wetlands; existing streets, utilities and drainage structures; proposed stormwater management facilities and structures; and the location, type and approximate size of any proposed on-site detention and specifying the design storms that will be met.  A stormwater management plan which complies with city requirements, including Chapter 12A, may be submitted with the PUD development plan or at the time of application for a land disturbance or building permit.

    (73)    In addition to meeting the requirements stated in paragraph (52) above, the PUD site development plan shall adhere to the objectives set forth in paragraph (a), Purpose, and paragraph (c), Standards and Criteria.

    (84)    Approval of the PUD site development plan shall be deemed as satisfying the requirements of the subdivision regulations for a preliminary plat, provided all those requirements have been met. Any variances to the subdivision regulations proposed as part of the PUD shall be clearly stated on the PUD site development plan. Such variances shall be considered along with commission and council review of the plan.

    (95)    No building permit shall be issued for any construction in the PUD until a final subdivision plat for the property on which permits are requested has been approved.

    (106)    From and after five (5) years following the date of approval of the PUD site development plan by the council, the plan shall become null and void, provided construction has not commenced on any portion of the PUD site.

        Prior to expiration of the PUD site development plan, the council may extend the time for a specified period. A request for a time extension must be made in the form of a letter signed by the property owner or his agent.

    (117)    Minor changes to an approved PUD site development plan may be authorized by the director of planning and development, but in no case shall the director be obligated to consider approve such changes. Such changes shall not constitute a substantial deviation from the approved PUD site development plan.

        In determining whether or not the change is a substantial deviation from the approved PUD site plan, the director shall use, but is not limited to, the following criteria:

        a.    Does the revision comply with the original statement of intent?

        b.    Is the project density increased in total or in areas of the PUD?

        c.    Is the dwelling unit type (attached, detached, multi-family) being altered?

        d.    Is there a change in public or private infrastructure?

        e.    Is there a change in amenities such as landscaping, open space, common area or recreational facilities?

        f.    Is there a rearrangement of buildings?
         g.    Is there an increase or decrease in land use intensity such as building height, size or increase in parking area?

        h.    Is there a change in the use of any structure?

        i.    Is there a potential increase in traffic?

    (128)    Changes, other than those considered minor by the director of planning and development, shall be submitted to the commission for a public hearing. The public hearing shall follow the same procedures outlined herein for a PUD site development plan. After the public hearing, the commission may approve the revision to the PUD site development plan. If, however, the change is considered by the commission to be a substantial deviation from the PUD site development plan or the statement of intent, the commission shall forward the proposal to the council. The council, after a public hearing, shall approve, approve with conditions, or disapprove  take action on the proposed revision.

    (g)    Simplified PUD.  An application may be submitted for a simplified PUD District provided the application complies with the following conditions:

    (1)    Uses shall be limited to permitted uses in District R-1.

    (2)    The height and area regulations in District R-1 shall apply, except that the minimum lot size shall not be less than 5,000 square feet; the minimum lot width at the building line shall not be less than fifty (50) feet; and the minimum front yard and rear yard setback shall not be less than twenty (20) feet.

    (3)    The requirements of subsection (c) are complied with, except as specified above for lot size, lot width and front and rear yard setbacks, and unless a specific exception is requested and approved by the council.

        The procedure for establishing PUD District zoning under this subsection shall be the same as herein provided, except that a PUD development plan shall not be required.  A preliminary plat and final plat shall be submitted as provided by the subdivision regulations.

    (eh) Protest procedure. At the time of rezoning, property owners within one hundred eighty-five (185) feet of a proposed planned unit development may present a formal protest in the same manner as provided under section 29-34(b) of this chapter.

    (fi) Effect of amendments to district PUD regulations.

    (1)    An approved final PUD plan shall not be required to comply with PUD regulations adopted after the plan was approved.

    (2)    Buildings constructed in accordance with an approved final PUD plan are lawful conforming uses.

    (3)    Proposed revisions to final PUD plans approved under prior regulations shall be reviewed under the procedural provisions of this section.

(Code 1964, § 19.154; Ord. No. 9958, § 1, 10-3-83; Ord. No. 10401, § 1, 1-7-85; Ord. No. 10619, § 1, 6-17-85; Ord. No. 12821, § 1, 12-17-90; Ord. No. 13058, § 1, 8-19-91; Ord. No. 14334, § 1, 1-3-95; Ord. No. 14963, § 1, 9-3-96; Ord. No. 15591, § 1, 5-4-98; Ord. No. 16816, § 1, 3-5-01)