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5.3. PCSR 12-19-2023Request for Action To Item Number Planning Commission 5.3 Agenda Section Meeting Date Prepared by Public Hearings December 19, 2023 Zack Carlton, Community Development Director Item Description Reviewed by City of Elk River Chris Leeseberg, Senior Planner  Ordinance Amending Section 30-1564 PUD – Reviewed by Planned Unit Development District, transitioning from a Conditional Use Permit to an Ordinance Amendment review, Case No. OA 23-06 Action Requested Recommend, by motion, approval of an ordinance changing the review process for Planned Unit Developments (PUDs) from a Conditional Use Permit to an Ordinance Amendment. Background/Discussion City staff have continued to review various sections of our ordinance with our city attorneys. During a recent discussion regarding the city’s PUD process, it was stated that many cities have transitioned away from reviewing PUDs with a CUP and instead use an ordinance amendment. Staff reviewed this process in more detail and requested a memo from the city attorney outlining the change. This memo is attached. The initial review process for establishing a PUD would be similar to before, a rezoning to a PUD district and a second land use application to establish the PUD, however the second step would be formalized through adoption of an ordinance rather than through a PUD agreement. There are numerous benefits to establishing a district via ordinance, but the biggest impact would be realized by anyone looking to build within the district. The PUD ordinance would be available online and can be accessed by anyone. Currently, to review the standards of a given PUD, one needs to request a copy of the PUD along with any of the potentially numerous amendments. Staff have included sample ordinances along with a redlined version of our current ordinance. Staff continue to work with the city attorney on finalizing the ordinance update but would like the Planning Commission to make a recommendation regarding this amendment. Financial Impact None Mission/Policy/Goal  Support the growth of the business and residential communities.  Streamline processes for ease of use by residents.  Improve the understanding of city standards. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023 Attachments  Memo to city staff  Sample PUD Ordinances  City ordinance Sec. 30-1564 1 229018V2 M E M O R A N D U M TO: Zachary Carlton FROM: Andrea McDowell Poehler DATE: November 30, 2023 RE: Processing of Planned Unit Developments INTRODUCTION City staff may want to consider a modification to the Elk River City Code which would change the means by which planned unit development (PUD’s) are processed. Such change is intended to better reflect the legal authority given to cities regarding such planning tool. DISCUSSION The City of Elk River currently provides for approval of planned unit developments through rezoning of property to a freestanding PUD Zoning District, using a conditional use permit application. Elk River City Code Sec. 30-1564. With the rezoning, the City requires approval of a PUD agreement that sets for the terms of the PUD. Thus, each property rezoning to PUD will have a coordinating PUD Agreement recorded against the property that sets forth the terms of this PUD. This is often combined with a development contract that sets forth the subdivision provisions specific to the property as part of the platting process. This has been a common practice of communities for many years. However, as the PUD Agreement is not specifically identified by statutory authority, many cities are moving away from the PUD Agreement concept in favor of specifying the specific standards (or deviations from an underlying zone) within the actual ordinance that rezones property to PUD, either within the City Code itself or by a separate stand-alone ordinance specific to the property to be rezoned. This method provides greater legal standing through approval of the PUD terms within the actual PUD ordinance. In addition to greater legal viability, the PUD ordinance option: 1. Provides an easier method for determining the actual restrictions related to the specific property. Using a PUD Agreement requires the City or other interested party to obtain a copy of the PUD Agreement and all amendments to review the current status of the restrictions on the property. 2 229018V2 2. Eliminates the quagmire of approval of future amendments of a PUD for specific parcels. Currently, the conservative approach to amendment of a PUD Agreement for even a single parcel, would require approval of all parties under the original PUD Agreement and consents by all mortgage holders, even if the other properties have no direct interest in the PUD terms for the individual parcel. Attached are sample ordinances for a PUD zoning process that would change how the City processes PUDs and documents them in the future and a sample ordinance rezoning specific property to PUD. PUDs approved prior to such a proposed ordinance would continue under their existing planned unit development agreements until such time as they are rezoned by request of the owner or by the city council on its own initiative. ATTACHMENT Lakeville Planned Unit Development District, City Code, Title 11, Chapter 96 Elko New Market Planned Unit Development District, City Code Title 11, Chapter 28C Elko New Market Ordinance No. 176 ARTICLE C. PUD PLANNED UNIT DEVELOPMENT DISTRICT SECTION: 11-28C-1: Purpose And Intent 11-28C-2: Application To Certain Properties 11-28C-3: Allowed Uses 11-28C-4: Lot, Setback And Building Height Requirements 11-28C-5: Integrated Design 11-28C-6: Procedure 11-28C-7: Periodic PUD Review 11-28C-8: Modifications/Amendments Of A PUD 11-28C-9: Additional Requirements 11-28C-10: Preexisting PUDs 11-28C-11 - 11-28C-20: Reserved 11-28C-21: PUD Districts And Entitlements 11-28C-1: PURPOSE AND INTENT: The purpose of the PUD planned unit development district is to provide comprehensive procedures and standards intended to allow flexibility in the development of residential neighborhoods and/or nonresidential areas that would not be possible under a conventional zoning district. The decision to zone property to a PUD is a public policy decision for the city council to make in its legislative capacity. The intent of this article is to: A. Provide for the establishment of PUD (planned unit development) zoning districts in appropriate settings and situations to create or maintain a development pattern that complies with the city comprehensive plan. B. Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this title. C. Provide for variations to the strict application of the land use regulations in this title in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the city's standards to offset the effect of any variations. D. Promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the city. E. Preserve and enhance natural features and open spaces. F. Maintain or improve the efficiency of public streets and utilities. G. Ensure the establishment of appropriate transitions between differing land uses. (Ord. 127, 3-24-2016) 11-28C-2: APPLICATION TO CERTAIN PROPERTIES: PUD districts shall be applied to property only in conjunction with projects which fulfill the purpose of such application. PUD zoning designations shall not be applied to property in advance of specific development applications. (Ord. 127, 3-24-2016) 11-28C-3: ALLOWED USES: All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses allowed by administrative permit contained in the various base zoning districts defined in chapter 24 of this title shall be treated as potential allowable uses within a PUD district, provided they would be allowed on the site under the comprehensive plan. (Ord. 127, 3-24-2016) 11-28C-4: LOT, SETBACK AND BUILDING HEIGHT REQUIREMENTS: The various lot area, lot width, setback, and building height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate but may be departed from to accomplish the purposes described in section 11-28C-1 of this article. (Ord. 127, 3-24-2016) 11-28C-5: INTEGRATED DESIGN: A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian circulation, landscaping, and open spaces. (Ord. 127, 3-24-2016) 11-28C-6: PROCEDURE: A. Sketch Plan: Prior to the filing of a formal application, the applicant shall submit a sketch plan of the project to the zoning administrator. A sketch plan shall be processed according to the information requirements, standards and procedures for sketch plans as established by section 11-3-6 of this title. B. Development Stage Plan: Development stage submissions shall depict and outline the proposed implementation of the sketch plan stage for the PUD. Information from the sketch plan stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include, but not be limited to, the submission requirements stipulated in subsection 11-3-6F of this title. C. Final Stage Plan: After approval of the development stage plan, the applicant may apply for final plan approval for all or a portion of the PUD. The applicant shall submit the following material for review by and approval of the zoning administrator prior to issuance of any building permit(s): 1. If the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD. 2. Development plans in final form, based on the approved development stage plan, covering that portion of the PUD where building permits will be requested under the phasing plan. 3. Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility. 4. All certificates, seals and signatures required for the dedication of land and recordation of documents. 5. Final architectural working drawings of all structures. 6. A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a development contract agreement for the installation of such improvements and financial guarantees for the completion of such improvements. 7. Any other plan, agreements, or specifications necessary for the zoning administrator to review the proposed final plan. D. Processing: 1. Preapplication Meeting: Prior to the filing of an application for PUD, the applicant of the proposed PUD is encouraged to arrange for and attend a meeting with the zoning administrator. The primary purpose of the meeting shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of his proposal for the area for which it is proposed and its conformity to the provisions of this article before incurring substantial expense in the preparation of plans, surveys and other data. 2. Sketch Plan: Prior to the filing of a formal application, the applicant shall submit a sketch plan of the project to the zoning administrator. A sketch plan will be processed according to the information requirements, standards and procedures for sketch plans as established by subsection A of this section. 3. Development Stage: a. Application Procedure: PUD zoning applications shall be processed according to the evaluation criteria and procedures outlined in section 11-3-2 of this title. b. Information Requirements: (1) The information required for all PUD development stage plan applications shall be as specified in subsection 11-3-6F of this title. (2) The zoning administrator, planning commission, and/or city council may excuse an applicant from submitting any specific item of information or document required by this subsection D3b which it finds to be unnecessary to the consideration of the specific PUD being considered. c. Zoning Enactment: A rezoning of a parcel of land to PUD shall not become effective until such time as the city council approves an ordinance reflecting said amendment, which shall take place at the time the city council approves the development stage plan. 4. Final Stage: After approval of a development stage plan for all or a portion of the proposed PUD, the applicant shall submit the materials outlined in subsection C of this section for review by the zoning administrator prior to issuance of a building permit(s). (Ord. 127, 3-24-2016) 11-28C-7: PERIODIC PUD REVIEW: The city council may require periodic review of a PUD as a condition to approval of a PUD development stage plan in order to ensure compliance with the conditions of the PUD. At such time, the city council may, at its discretion, choose to take additional testimony on the PUD. (Ord. 127, 3-24-2016) 11-28C-8: MODIFICATIONS/AMENDMENTS OF A PUD: A. Minor Plan Modifications/Amendments: Plan modifications/amendments qualifying as minor, as defined by subsection 11-3-2F of this title, shall be processed pursuant to that subsection. B. Major Modification/Amendments: The same review procedure shall be followed for a major modification/amendment of a PUD as was followed with respect to the applicant's development stage plan, outlined in subsection 11-28C-6D3 of this article and pursuant to section 11-3-2 of this title. (Ord. 127, 3-24-2016) 11-28C-9: ADDITIONAL REQUIREMENTS: A. Records Kept: The zoning administrator shall maintain a record of all PUD districts approved by the city, including information on a project's allowed uses, all pertinent project plans, any conditions imposed on a project by the city council, and such other information as the zoning administrator may deem appropriate. B. Withdrawal Of Application: Any application under this article may be withdrawn by an applicant without prejudice at any time prior to final city council action thereon. C. Platting Of A PUD: In the event that a PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such PUD shall be platted under the platting procedures of the city subdivision ordinance and the related requirements of the county. The preliminary plat shall be processed in conjunction with the development stage plan as outlined in subsection 11-28C-6D3 of this article. A separate action on the final plat shall be processed before the city council prior to or in conjunction with the final stage of the PUD. D. Conveyance Of Property Within A PUD: In the event that any real property within an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this subsection shall be construed as to make such conveyed property nonconforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the development plan for a project. E. Agreement/Financial Guarantee: Following the approval of the development plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the PUD, and shall also provide such financial guarantees as the city requires or deems necessary. Such agreement may take the form of: 1. A development contract; and/or 2. Site improvement performance agreement; and/or 3. Another form of legally binding instrument as may be required by the city. (Ord. 127, 3-24-2016) 11-28C-10: PREEXISTING PUDS: PUDs which predate the adoption of this chapter shall remain in force except as otherwise amended under the city's zoning ordinance. (Ord. 127, 3-24-2016) 11-28C-11 - 11-28C-20: RESERVED: (Ord. 127, 3-24-2016) 11-28C-21: PUD DISTRICTS AND ENTITLEMENTS: PUDs which do not predate the adoption of this chapter and their approved entitlements are provided as follows: PUD-1: Elko Speedway, Ordinance no. 149, Ordinance no. 239, and Ordinance no. 278 PUD-5: Boulder Pointe Sixth Addition, Ordinance no. 162 PUD-6: Boulder Pointe Seventh Addition, Ordinance no. 171 PUD-7: Dakota Acres 1st Addition, Ordinance no. 176 PUD-8: Pete's Hill, Ordinance no. 199, no. 206, no. 233 (Ord. 150, 3-23-2017; amd. Ord. 162, 8-24-2017; Ord. 171, 4-26-2018; Ord. 176, 9-27-2018; Ord. 199, 8-22-2019; Ord. 206, 12-19-2019; Ord. 233, 6-24-2021; Ord. 239, 12-2-2021; Ord. 278, 8-24-2023) CHAPTER 96 PUD, PLANNED UNIT DEVELOPMENT DISTRICT SECTION: 11-96-1: Purpose 11-96-3: Application 11-96-5: Allowed Uses 11-96-6: Lot Requirements 11-96-7: Setbacks And Building Height 11-96-9: Integrated Design 11-96-11: Sketch Plan 11-96-13: Development Stage Plan 11-96-15: Final Plan 11-96-17: Processing 11-96-19: Periodic PUD Review 11-96-21: PUD District Amendment/Plan Modification 11-96-23: General Requirements 11-96-1: PURPOSE: The purpose of the PUD district is to provide comprehensive procedures and standards intended to allow flexibility in the development of residential neighborhoods and/or nonresidential areas than would be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the city council to make in its legislative capacity. The intent of this chapter is to: A. Provide for the establishment of PUD districts in appropriate settings and situations to create or maintain a development pattern that complies with the comprehensive plan. B. Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this title. C. Provide for variations to the strict application of the land use regulations in this title in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the city's standards to offset the effect of any variations. D. Promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the city. E. Preserve and enhance natural features and open spaces. F. Maintain or improve the efficiency of public streets and utilities. G. Ensure the establishment of appropriate transitions between differing land uses. (Ord. 867, sec. 116, 5-17-2010) 11-96-3: APPLICATION: Except for the portion of the city defined as the central area by the comprehensive plan, a PUD district shall not be established for parcels guided for low density residential, rural or agricultural land uses by the comprehensive plan with a district area less than three hundred twenty (320) acres, except to allow for public or quasi-public uses. (Ord. 867, sec. 116, 5-17-2010) 11-96-5: ALLOWED USES: All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses allowed by administrative permit contained in the various zoning districts defined in chapter 45 of this title shall be treated as potentially allowable uses within a PUD district, provided they would be allowable on the site under the comprehensive plan. (Ord. 867, sec. 116, 5-17-2010) 11-96-6: LOT REQUIREMENTS: The following minimum lot requirements shall be observed in the central area, as delineated in the city's comprehensive plan, PUD district for single-family detached dwellings: Lot area: Corner 12,500 square feet Interior 11,000 square feet Lot width: Corner 100 feet Interior 85 feet (Ord. 867, sec. 116, 5-17-2010) 11-96-7: SETBACKS AND BUILDING HEIGHT: The various setback and height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purposes described in section 11-96-1 of this chapter. (Ord. 867, sec. 116, 5-17-2010) 11-96-9: INTEGRATED DESIGN: A PUD district shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian circulation, landscaping, and open spaces. (Ord. 867, sec. 116, 5-17-2010) 11-96-11: SKETCH PLAN: Prior to the filing of a formal application, the applicant shall submit a sketch plan of the project to the zoning administrator. A sketch plan shall be processed according to the information requirements, standards and procedures for sketch plans as established by chapter 9 of this title. (Ord. 867, sec. 116, 5-17-2010) 11-96-13: DEVELOPMENT STAGE PLAN: Development stage submissions shall depict and outline the proposed implementation of the sketch plan stage for the PUD. Information from the sketch plan stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include, but not be limited to, the submission requirements stipulated in chapter 9 of this title. (Ord. 867, sec. 116, 5-17-2010) 11-96-15: FINAL PLAN: After approval of the development stage plan, the applicant may apply for final plan approval for all or a portion of the PUD. The applicant shall submit the following material for review by and approval of the zoning administrator prior to issuance of any building permit(s): A. If the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD. B. Development plans in final form based on the approved development stage plan, covering that portion of the PUD where building permits will be requested under the phasing plan. C. Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility. D. All certificates, seals and signatures required for the dedication of land and recordation of documents. E. Final architectural working drawings of all structures. F. A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a development contract agreement for the installation of such improvements and financial guarantees for the completion of such improvements. G. Any other plan, agreements, or specifications necessary for the zoning administrator to review the proposed final plan. (Ord. 867, sec. 116, 5-17-2010) 11-96-17: PROCESSING: A. Preapplication Conference: Prior to the filing of an application for PUD, the applicant of the proposed PUD is encouraged to arrange for and attend a conference with the zoning administrator. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of his proposal for the area for which it is proposed and its conformity to the provisions of this title before incurring substantial expense in the preparation of plans, surveys and other data. B. Sketch Plan: 1. Application Procedures And Information Requirements: Prior to the filing of a formal application, the applicant shall submit a sketch plan of the project to the zoning administrator. A sketch plan will be processed according to the information requirements, standards and procedures for sketch plans as established by section 11-96-11 of this chapter. C. Development Stage: 1. Application Procedure: PUD zoning district applications shall be processed according to the evaluation criteria and procedures outlined in chapter 3 of this title. 2. Information Requirement: a. The information required for all PUD development stage plan applications shall be as specified in section 11-96-13 of this chapter. b. The zoning administrator, planning commission, and/or city council may excuse an applicant from submitting any specific item of information or document required by this section which it finds to be unnecessary to the consideration of the specific PUD being considered. 3. Zoning Enactment: A rezoning of a parcel of land to PUD shall not become effective until such time as the city council approves an ordinance reflecting said amendment, which shall take place at the time the city council approves the development stage plan. D. Final Stage Plan: After approval of a development stage plan for all or a portion of the proposed PUD, the applicant shall submit the materials outlined in section 11-96-15 of this chapter for review by the zoning administrator prior to issuance of a building permit(s). (Ord. 867, sec. 116, 5-17-2010) 11-96-19: PERIODIC PUD REVIEW: The city council may require periodic review of a PUD district as a condition to approval of a PUD in order to ensure compliance with the conditions of the PUD. At such times, the city council may, at its discretion, choose to take additional testimony on the PUD district. (Ord. 867, sec. 116, 5-17-2010) 11-96-21: PUD DISTRICT AMENDMENT/PLAN MODIFICATION: The city council or planning commission upon their own motion or any person owning or having interest in real estate within an established PUD district may initiate a request to amend the provisions or plans of said PUD district. The same review procedure shall be followed for a plan outlined in subsection 11-96-17C of this chapter, except that proposed amendments meeting the following criteria, as determined by the zoning administrator, may be approved administratively in accordance with chapter 8 of this title: A. Only applications for preexisting uses or uses explicitly classified as allowed uses within the respective PUD districts of which the property is zoned are eligible for administrative approval. B. The plan amendment shall not result in an increase of the floor area of the principal use by more than twenty percent (20%), include any change in hours of operation or otherwise increase the intensity of the use of the site as determined by the Zoning Administrator for noise, traffic, employees, or other relevant factors. C. The plan amendment shall comply with all lot and setback requirements of the PUD district and all other applicable performance standards of this title or this code. D. All applications for plan amendment shall be complete and in full accordance with the requirements of section 11-9-13 of this title and all applicable fees shall be paid. (Ord. 867, sec. 116, 5-17-2010; amd. Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023) 11-96-23: GENERAL REQUIREMENTS: A. Records: The zoning administrator shall maintain a record of all PUD districts approved by the city, including information on a project's allowed uses, all pertinent project plans, any conditions imposed on a project by the city council, and such other information as the zoning administrator may deem appropriate. B. Withdrawal Of An Application: Any application under this chapter may be withdrawn by an applicant without prejudice at any time prior to final city council action thereon. C. Platting Of A PUD: In the event that a PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such PUD shall be platted under the platting procedures of the Lakeville subdivision ordinance 1 and the related requirements of Dakota County. The preliminary plat shall be processed in conjunction with the development stage plan as outlined in subsection 11-96-17C of this chapter. A separate action on the final plat shall be processed before the city council prior to or in conjunction with the final stage of the PUD. D. Conveyance Of Property Within A PUD: In the event that any real property within an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this chapter shall be construed as to make such conveyed property nonconforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the development plan for a project. E. Agreement/Financial Guarantee: Following the approval of the development plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the PUD, and shall also provide such financial guarantees as the city requires or deems necessary. Such agreement may take the form of: 1. A development contract; and/or 2. Site improvement performance agreement; and/or 3. Another form of legally binding instrument as may be required by the city. (Ord. 867, sec. 116, 5-17-2010) Notes 1 1. See title 10 of this code. Created: 2023-10-18 09:21:35 [EST] (Supp. No. 59) Page 1 of 3 Sec. 30-1564. PUD planned unit development district. (a) Purpose. The purpose of the PUD district is to provide opportunities for creative development and design flexibility by allowing modification of lot and building area, width, setback and other dimensional requirements. Planned unit developments (PUDs) shall be developed in accordance with a concept plan and a PUD development plan, and in accordance with this article and the city subdivision regulations (article V of this chapter). A PUD shall be consistent with the intent and purpose of the city comprehensive plan and this article, and shall not adversely affect property adjacent to the land area to be developed. (b) Standards. (1) Land will be zoned into the PUD zoning district only upon approval of a concept plan for the PUD, pursuant to the procedure set forth in this section. A PUD will be authorized on land in a PUD zoning district only upon issuance of a conditional use permitapproval of an ordinance amendment, pursuant to the procedure set forth in this section. (2) The uses allowed in a PUD shall be limited to land uses consistent with the city's comprehensive plan and land use map, and to those uses identified in the concept plan for the PUD zoning district and the conditional use permitordinance established for the PUD. (3) The area of land to be included in a PUD shall be in uniform control of the applicant. (4) A PUD shall be designed to form a desirable unified environment within its proposed boundaries, including uniform design elements, landscaping, lighting and signage. (5) A PUD shall not cause undesirable impacts on adjacent lands and land uses. In particular, uses on the PUD perimeter shall be compatible with adjacent uses outside the PUD. (6) A PUD shall be served by adequate transportation, water, sanitary sewer and drainage systems. (7) A PUD shall not adversely affect existing or proposed parks, schools, streets or other public facilities. (8) The council may establish varied and reasonable lot area, frontage, side yard, and setback requirements for a PUD and may authorize a density which it determines to be appropriate under the circumstances. Any permitted density shall be consistent with the city's comprehensive plan and not adversely affect the public health, safety and welfare. (9) More than one principal building may be constructed on a lot within a PUD if authorized by the council. Unless otherwise permitted by the council, a PUD shall comply with the schedules of dimensional regulations set forth in this article, except that individual lots shall have no less than 80 50 percent of the minimum area for similar uses. (c) Approval procedure. (1) Preapplication review. Prior to making application for rezoning or an ordinance amendment conditional use permit, any person may submit a PUD concept plan to the city requesting staff and planning commission review and advisory comment. (2) Rezoning to PUD district. a. Application. The owner of land proposed to be rezoned to the PUD zoning district shall submit an application for rezoning to the PUD district and a concept plan for the proposed PUD. The concept plan shall include: 1. A drawing showing existing conditions such as property boundaries, generalized elevations, site features such as wetlands and wooded areas, and surrounding land uses and development. Created: 2023-10-18 09:21:35 [EST] (Supp. No. 59) Page 2 of 3 2. A conceptual site plan showing proposed uses and general site data such as building locations, density, setbacks, ponding areas, parking areas and generalized screening, buffering and landscaping concepts. 3. Generalized traffic information including maximum traffic volumes generated by the PUD, proposed new roadways and proposed connections and improvements to existing roads. 4. A conceptual plan for serving the PUD with sanitary sewer, water and storm sewer facilities. b. Planning commission and city council review. The planning commission and city council shall review the proposal to rezone to the PUD district based on the PUD regulations set forth in this section and the standards set forth in this article for approval of a rezoning. c. Approval of rezoning. The council shall approve the rezoning to the PUD zoning district only if it finds that the PUD concept plan complies with the PUD regulations set forth in this section and the standards set forth in this article for approval of a rezoning. If the council approves rezoning to the PUD district, the rezoning action shall include: 1. Approval by the city council of a concept plan for the PUD zoning district; and 2. Approval by the city council of generalized land uses to be permitted in the PUD zoning district. The city ordinance enacting the rezoning shall specifically incorporate the concept plan and establish the generalized land uses to be permitted in the approved PUD zoning district. This ordinance shall be recorded against the property rezoned. (3) Approval of PUD. a. Application. The proponents of a proposed PUD shall submit an application for an ordinance amendment conditional use permit and, if applicable, a preliminary subdivision plat to the planning commission and council. The application materials shall comply with the requirements set forth in this article for applications for conditional use permitsan ordinance amendment and preliminary plats, and shall address the PUD regulations set forth in this section. b. Planning commission and city council review. The planning commission and city council shall review PUD proposals based on the concept plan for the PUD zoning district, the PUD regulations set forth in this section, the standards set forth in this article for approval of conditional use permits and the standards set forth in the subdivision regulations (article V of this chapter) for approval of a preliminary plat. c. Approval of conditional use permit. The city council shall approve adopt the conditional use permitordinance amendment and preliminary plat for a PUD only if it finds that the proposed PUD complies with the concept plan for the PUD zoning district, the PUD regulations set forth in this section, the standards set forth in this article for approval of conditional use permitsordinance amendments and the standards set forth in the subdivision regulations (article V of this chapter) for approval of a preliminary plat. If the conditional use permitordinance amendment and the preliminary plat are approved, the preliminary plat and the development plan for the PUD shall be attached to and become part of the conditional use permitthe allowed uses, dimensional standards, and other PUD standards shall be included in the ordinance. Any modification of the conditional use permitordinance, the preliminary plat or the PUD development plan must be approved by the planning commission and the council. The council may approve the entire PUD or one or more stages of the PUD and may establish conditions respecting the approval as provided in subdivision III of division 2 of this article.create standards respecting future approvals for inclusion in the PUD ordinance. Created: 2023-10-18 09:21:35 [EST] (Supp. No. 59) Page 3 of 3 d. PUD development plan. If the council approves the conditional use permitordinance amendment for the planned unit development, approval of the conditional use permitordinance shall include approval of a specific PUD development planstandards. The PUD development plan standards shall include: 1. A site plan for the PUD, including location, size and use of all lots, buildings, parking areas, ponding areas, parks and open spaces. 2. Building elevations illustrating uniform design elements, building materials and color schemes. 3. A plan for the installation of on-site and off-site public improvements (including utilities, streets, etc.) necessary to serve the PUD. 4. A unified landscape plan including berms, screening and landscaping materials. 5. A uniform signage plan including location, type and size of signage. e. PUD agreement. Approval of the conditional use permit shall be contingent on execution by the developer of a PUD agreement in the form required by the city. The PUD agreement shall incorporate the PUD development plan, identify the land uses to be permitted in the PUD and include such other conditions as the council shall deem necessary or appropriate. (4) Final plat. If the conditional use permitordinance amendment is approved, the final plat shall be submitted to the city in accordance with the subdivision regulations (article V of this chapter) and the provisions of this article. The final plat shall not be released for recording until the PUD agreementordinance has been approved by the City Council and published in accordance with state and local standards. is executed by the developer. (Code 1982, § 900.12(17)) Sec. 30-1564. PUD planned unit development district. (a) Purpose. The purpose of the PUD district is to provide opportunities for creative development and design flexibility by allowing modification of lot and building area, width, setback and other dimensional requirements. Planned unit developments (PUDs) shall be developed in accordance with a concept plan and a PUD development plan, and in accordance with this article and the city subdivision regulations (article V of this chapter). A PUD shall be consistent with the intent and purpose of the city comprehensive plan and this article, and shall not adversely affect property adjacent to the land area to be developed. (b) Standards. (1) Land will be zoned into the PUD zoning district only upon approval of a concept plan for the PUD, pursuant to the procedure set forth in this section. A PUD will be authorized on land in a PUD zoning district only upon approval of an ordinance rezoning the land to PUD, pursuant to the procedure set forth in this section. (2) The uses allowed in a PUD shall be limited to land uses consistent with the city's comprehensive plan and land use map, and to those uses identified in the concept plan for the PUD zoning district and the ordinance established for the PUD. (3) The area of land to be included in a PUD shall be in uniform control of the applicant. (4) A PUD shall be designed to form a desirable unified environment within its proposed boundaries, including uniform design elements, landscaping, lighting and signage. (5) A PUD shall not cause undesirable impacts on adjacent lands and land uses. In particular, uses on the PUD perimeter shall be compatible with adjacent uses outside the PUD. (6) A PUD shall be served by adequate transportation, water, sanitary sewer and drainage systems. (7) A PUD shall not adversely affect existing or proposed parks, schools, streets or other public facilities. (8) The council may establish varied and reasonable lot area, frontage, side yard, and setback requirements for a PUD and may authorize a density which it determines to be appropriate under the circumstances. Any permitted density shall be consistent with the city's comprehensive plan and not adversely affect the public health, safety and welfare. (9) More than one principal building may be constructed on a lot within a PUD if authorized by the council. Unless otherwise permitted by the council, a PUD shall comply with the schedules of dimensional regulations set forth in this article, except that individual lots shall have no less than 50 percent of the minimum area for similar uses. (c) Approval procedure. (1) Preapplication review. Prior to making application for rezoning to PUD, any person may submit a PUD concept plan to the city requesting staff and planning commission review and advisory comment. (2) Rezoning to PUD district. Created: 2023-10-18 09:21:35 \[EST\] (Supp. No. 59) Page 1 of 4 a. Application. The owner of land proposed to be rezoned to the PUD zoning district shall submit an application for rezoning to the PUD district and a concept plan for the proposed PUD. The concept plan shall include: 1. A drawing showing existing conditions such as property boundaries, generalized elevations, site features such as wetlands and wooded areas, and surrounding land uses and development. 2. A conceptual site plan showing proposed uses and general site data such as building locations, density, setbacks, ponding areas, parking areas and generalized screening, buffering and landscaping concepts. 3. Generalized traffic information including maximum traffic volumes generated by the PUD, proposed new roadways and proposed connections and improvements to existing roads. 4. A conceptual plan for serving the PUD with sanitary sewer, water and storm sewer facilities. b. Planning commission and city council review. The planning commission and city council shall review the proposal to rezone to the PUD district based on the PUD regulations set forth in this section and the standards set forth in this article for approval of a rezoning. c. Approval of rezoning. The council shall approve the rezoning to the PUD zoning district only if it finds that the PUD concept plan complies with the PUD regulations set forth in this section and the standards set forth in this article for approval of a rezoning. If the council approves rezoning to the PUD district, the rezoning action shall include: 1. Approval by the city council of a concept plan for the PUD zoning district; and 2. Approval by the city council of generalized land uses to be permitted in the PUD zoning district. The city ordinance enacting the rezoning shall specifically incorporate the concept plan and establish the generalized land uses to be permitted in the approved PUD zoning district. This ordinance shall be recorded against the property rezoned. (3) Approval of PUD. a. Application. The proponents of a proposed PUD shall submit an application for rezoning to PUD and, if applicable, a preliminary subdivision plat to the planning commission and council. The application materials shall comply with the requirements set forth in this article for applications for rezoning and preliminary plats, and shall address the PUD regulations set forth in this section. b. Planning commission and city council review. The planning commission and city council shall review PUD proposals based on the concept plan for the PUD zoning district, the PUD regulations set forth in this section, the standards set forth in this article for approval of conditional use permits and the standards set forth in the subdivision regulations (article V of this chapter) for approval of a preliminary plat. Created: 2023-10-18 09:21:35 \[EST\] (Supp. No. 59) Page 2 of 4 c. Approval of rezoning to PUD. The city council shall approve a rezoning to PUD and preliminary plat for a PUD only if it finds that the proposed PUD complies with the comprehensive plan, the PUD regulations set forth in this section, the standards set forth in this article for approval of a PUD and the standards set forth in the subdivision regulations (article V of this chapter) for approval of a preliminary plat. If the rezoning to PUD and the preliminary plat are approved, the allowed uses, dimensional standards, and other PUD standards shall be included in the ordinance rezoning the property to PUD. Any modification of the PUD ordinance, the preliminary plat or the PUD development plan must be reviewed by the planning commission and approved by the city council in accordance with the requirements of the City’s zoning and subdivision provisions of the City Code.. d. PUD development plan. If the council approves the rezoning to PUD for the planned unit development, the ordinance shall include specific PUD development standards. The PUD development standards shall include: 1. A site plan for the PUD, including location, size and use of all lots, buildings, parking areas, ponding areas, parks and open spaces. 2. Building elevations illustrating uniform design elements, building materials and color schemes. 3. A plan for the installation of on-site and off-site public improvements (including utilities, streets, etc.) necessary to serve the PUD. 4. A unified landscape plan including berms, screening and landscaping materials. 5. A uniform signage plan including location, type and size of signage. e. (4) Final plat. If the rezoning to PUD is approved, the final plat shall be submitted to the city in accordance with the subdivision regulations (article V of this chapter) and the provisions of this article. The final plat shall not be released for recording until the ordinance has been approved by the City Council and published in accordance with state and local standards. (5) Additional Requirements. a. Records Kept: The zoning administrator shall maintain a record of all PUD districts approved by the city, including information on a project's allowed uses, all pertinent project plans, any conditions imposed on a project by the city council, and such other information as the zoning administrator may deem appropriate. b. Withdrawal Of Application: Any application under this article may be withdrawn by an applicant without prejudice at any time prior to final city council action thereon. c. Conveyance Of Property Within A PUD: In the event that any real property within an approved PUD is conveyed in total or in part, the subsequent owner(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this subsection shall be construed as to make such conveyed Created: 2023-10-18 09:21:35 \[EST\] (Supp. No. 59) Page 3 of 4 property nonconforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the development plan for a project. (6) Preexisting PUDs. PUDs which predate January 16, 2024, will remain in force except as otherwise amended under the city’s zoning ordinance. (7) PUD Districts and Entitlements. PUDs approved on or after January 16, 2024, and their approved entitlement are provided as follows: Created: 2023-10-18 09:21:35 \[EST\] (Supp. No. 59) Page 4 of 4 Sec. 30-1564. PUD planned unit development district. (a) Purpose. The purpose of the PUD district is to provide opportunities for creative development and design flexibility by allowing modification of lot and building area, width, setback and other dimensional requirements. Planned unit developments (PUDs) shall be developed in accordance with a concept plan and a PUD development plan, and in accordance with this article and the city subdivision regulations (article V of this chapter). A PUD shall be consistent with the intent and purpose of the city comprehensive plan and this article, and shall not adversely affect property adjacent to the land area to be developed. (b) Standards. (1) Land will be zoned into the PUD zoning district only upon approval of a concept plan for the PUD, pursuant to the procedure set forth in this section. A PUD will be authorized on land in a PUD zoning district only upon issuance of a conditional use permit,approval of an ordinance rezoning the land to PUD, pursuant to the procedure set forth in this section. (2) The uses allowed in a PUD shall be limited to land uses consistent with the city's comprehensive plan and land use map, and to those uses identified in the concept plan for the PUD zoning district and the conditional use permitordinance established for the PUD. (3) The area of land to be included in a PUD shall be in uniform control of the applicant. (4) A PUD shall be designed to form a desirable unified environment within its proposed boundaries, including uniform design elements, landscaping, lighting and signage. (5) A PUD shall not cause undesirable impacts on adjacent lands and land uses. In particular, uses on the PUD perimeter shall be compatible with adjacent uses outside the PUD. (6) A PUD shall be served by adequate transportation, water, sanitary sewer and drainage systems. (7) A PUD shall not adversely affect existing or proposed parks, schools, streets or other public facilities. (8) The council may establish varied and reasonable lot area, frontage, side yard, and setback requirements for a PUD and may authorize a density which it determines to be appropriate under the circumstances. Any permitted density shall be consistent with the city's comprehensive plan and not adversely affect the public health, safety and welfare. (9) More than one principal building may be constructed on a lot within a PUD if authorized by the council. Unless otherwise permitted by the council, a PUD shall comply with the schedules of dimensional regulations set forth in this article, except that individual lots shall have no less than 80 50 percent of the minimum area for similar uses. (c) Approval procedure. (1) Preapplication review. Prior to making application for rezoning to PUD, any person may submit a PUDor a conditional use permit, any person may submit a PUD concept plan to the city requesting staff and planning commission review and advisory comment. Created: 2023-10-18 09:21:35 \[EST\] (Supp. No. 59) Page 1 of 4 (2) Rezoning to PUD district. a. Application. The owner of land proposed to be rezoned to the PUD zoning district shall submit an application for rezoning to the PUD district and a concept plan for the proposed PUD. The concept plan shall include: 1. A drawing showing existing conditions such as property boundaries, generalized elevations, site features such as wetlands and wooded areas, and surrounding land uses and development. 2. A conceptual site plan showing proposed uses and general site data such as building locations, density, setbacks, ponding areas, parking areas and generalized screening, buffering and landscaping concepts. 3. Generalized traffic information including maximum traffic volumes generated by the PUD, proposed new roadways and proposed connections and improvements to existing roads. 4. A conceptual plan for serving the PUD with sanitary sewer, water and storm sewer facilities. b. Planning commission and city council review. The planning commission and city council shall review the proposal to rezone to the PUD district based on the PUD regulations set forth in this section and the standards set forth in this article for approval of a rezoning. c. Approval of rezoning. The council shall approve the rezoning to the PUD zoning district only if it finds that the PUD concept plan complies with the PUD regulations set forth in this section and the standards set forth in this article for approval of a rezoning. If the council approves rezoning to the PUD district, the rezoning action shall include: 1. Approval by the city council of a concept plan for the PUD zoning district; and 2. Approval by the city council of generalized land uses to be permitted in the PUD zoning district. The city ordinance enacting the rezoning shall specifically incorporate the concept plan and establish the generalized land uses to be permitted in the approved PUD zoning district. This ordinance shall be recorded against the property rezoned. (3) Approval of PUD. a. Application. The proponents of a proposed PUD shall submit an application for a conditional use permit for rezoning to PUD and, if applicable, a preliminary subdivision plat to the planning commission and council. The application materials shall comply with the requirements set forth in this article for applications for conditional use permits rezoning and preliminary plats, and shall address the PUD regulations set forth in this section. b. Planning commission and city council review. The planning commission and city council shall review PUD proposals based on the concept plan for the PUD zoning district, the PUD regulations set forth in this section, the standards set forth in this article for Created: 2023-10-18 09:21:35 \[EST\] (Supp. No. 59) Page 2 of 4 approval of conditional use permits and the standards set forth in the subdivision regulations (article V of this chapter) for approval of a preliminary plat. c. Approval of conditional use permitrezoning to PUD. The city council shall approve a rezoning to PUD and preliminary plat for a PUD only if it finds that the proposed PUD complies with the comprehensive plan, the PUD regulations set forth in this section, the standards set forth in this article for approval of a PUD and the standards set forth in the subdivision regulations (article V of this chapter) for approval of a preliminary plat. If the rezoning to PUD and the preliminary plat are approved, the allowed uses, dimensional standards, and other PUD standards shall be included in the ordinance rezoning the property to PUD. Any modification of the PUD ordinance, the preliminary plat or the PUD development plan must be reviewed by the planning commission and approved by the city council in accordance with the requirements of the City’s zoning and subdivision provisions of the City Code.The city council shall approve the conditional use permit and preliminary plat for a PUD only if it finds that the proposed PUD complies with the concept plan for the PUD zoning district, the PUD regulations set forth in this section, the standards set forth in this article for approval of conditional use permits and the standards set forth in the subdivision regulations (article V of this chapter) for approval of a preliminary plat. If the conditional use permit and the preliminary plat are approved, the preliminary plat and the development plan for the PUD shall be attached to and become part of the conditional use permit. Any modification of the conditional use permit, the preliminary plat or the PUD development plan must be approved by the planning commission and the council. The council may approve the entire PUD or one or more stages of the PUD and may establish conditions respecting the approval as provided in subdivision III of division 2 of this article.. d. PUD development plan. If the council approves the conditional use permitrezoning to PUD for the planned unit development, approval of the conditional use permitordinance shall include approval of a specific PUD development planstandards. The PUD development plan standards shall include: 1. A site plan for the PUD, including location, size and use of all lots, buildings, parking areas, ponding areas, parks and open spaces. 2. Building elevations illustrating uniform design elements, building materials and color schemes. 3. A plan for the installation of on-site and off-site public improvements (including utilities, streets, etc.) necessary to serve the PUD. 4. A unified landscape plan including berms, screening and landscaping materials. 5. A uniform signage plan including location, type and size of signage. e. PUD agreement. Approval of the conditional use permit shall be contingent on execution by the developer of a PUD agreement in the form required by the city. The PUD agreement shall incorporate the PUD development plan, identify the land uses to be permitted in the PUD and include such other conditions as the council shall deem necessary or appropriate. Created: 2023-10-18 09:21:35 \[EST\] (Supp. No. 59) Page 3 of 4 (4) Final plat. If the conditional use permitrezoning to PUD is approved, the final plat shall be submitted to the city in accordance with the subdivision regulations (article V of this chapter) and the provisions of this article. The final plat shall not be released for recording until the PUD agreementordinance has been approved by the City Council and published in accordance with state and local standards. is executed by the developer. (5) Additional Requirements. a. Records Kept: The zoning administrator shall maintain a record of all PUD districts approved by the city, including information on a project's allowed uses, all pertinent project plans, any conditions imposed on a project by the city council, and such other information as the zoning administrator may deem appropriate. b. Withdrawal Of Application: Any application under this article may be withdrawn by an applicant without prejudice at any time prior to final city council action thereon. c. Conveyance Of Property Within A PUD: In the event that any real property within an approved PUD is conveyed in total or in part, the subsequent owner(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this subsection shall be construed as to make such conveyed property nonconforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the development plan for a project. (6) Preexisting PUDs. PUDs which predate January 16, 2024, will remain in force except as otherwise amended under the city’s zoning ordinance. (7) PUD Districts and Entitlements. PUDs approved on or after January 16, 2024, and their approved entitlement are provided as follows: Created: 2023-10-18 09:21:35 \[EST\] (Supp. No. 59) Page 4 of 4