§ 27-244. Planned unit development (PUD).

(a)

Intent. The intent of allowing planned unit developments (PUD) are to provide for flexible land use controls, while maintaining general safety and welfare on sites equal to or greater than two (2) acres. The application of flexible land use controls to the development of land is often difficult or impossible within traditional zoning district regulations. In order to permit the use of more flexible land use regulations and to facilitate use of the most advantageous techniques of land development, it is often necessary to establish planned unit developments (PUD), in which development is in harmony with the general purpose and intent of chapter 27 and with the city's general planning program and such comprehensive plans as may from time to time be adopted by the city council; but if such development differs in one (1) or more respects from the usual application of provisions of this chapter.

(b)

Definition. For the purpose of this chapter, a planned unit development (PUD) shall mean the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A PUD must also include a program for the provision, maintenance and operation of all areas, improvements, facilities and necessary services for the common use of all occupants thereof.

(c)

The planned unit development will be required or permitted to have a mix of land uses (including residential, commercial and recreational) that is determined by the community development board and city council. All residential units shall be built on top of a commercial structure to enhance integration of the mixed use.

(d)

A PUD is allowed in the C-1, C-2 and C-3 zoning districts by special exception provided it does not increase the intensity or density of commercial or high residential use specified on the future land use map. Intensity of use is based upon the demand for traffic, water, sewer and solid waste.

(e)

Special exceptions. Any use, or combination of uses, which is permitted or permissible by special exception in any zoning district may be included and approved in the special exception creating such PUD; provided that, the development plan is consistent with the applicable adopted future land use map designation.

(f)

Application for a PUD. The application for a PUD shall proceed as other applications for development as outlined in article II; and, in addition to the information required for such development application the PUD shall be required the following:

(1)

Plats and/or metes and bounds description of the area within the PUD.

(2)

The name and address of the owner(s) and, if applicable, evidence of the assignment of an agent who represents the owner(s).

(3)

Evidence of unified control of the entire area within the PUD with all owner(s) within the area of same identified.

a.

An agreement by all owners within the PUD which includes their commitment to:

1.

Proceed with the proposed development in accordance with a newly recreated PUD ordinance for each development and such safeguards as may be set by the city council in such special exception; and

2.

Provide a written statement of a proposal for completion of such development according to plans approved by such special exception, and for continuing operating and maintenance to such areas, functions and facilities as are not to be provided, operated or maintained by the city pursuant to written agreement; and

3.

To bind their successors in title to any commitments made in their application.

(g)

Expiration of time limits provided for special exception creating PUD. If the development permitted, has not started construction within twelve (12) months from the date of approval by the city council, the special exception shall expire.

(h)

Deviation from special exception. In order to facilitate minor adjustments to the plans approved, the city manager may approve minor deviations to the approved plans provided the buildings have the same or less number of stories, and/or floors; there are the same or fewer number of dwelling units and/or floor area; the open space is in the same general amount, or greater amount; or, the roads and drives follow approximately the same course and have the same public or private rights therein.

(i)

Development density. The total area occupied by all buildings and structures shall not exceed thirty-five (35) percent of the gross site area, unless otherwise exempted by the special exception creating the PUD.

(j)

Waiver of yard, dwelling unit, frontage criteria and use restriction. Minimum yard, lot size, type of dwelling unit, and frontage requirements and use restrictions are waived as part of the process of the PUD, provided that the purposes of the city council are met.

(Ord. No. 2011-12, § 1, 7-11-11)