Planned unit developments may only be established by ordinance of the Mayor and City Council enacted in accordance with the provisions of this title.
Unless otherwise specifically provided by the ordinance establishing or amending the planned unit development, all requirements of the underlying zoning district apply.
Planned unit developments are prohibited in the I-1, I-2, and MI Districts.
Planned unit developments may only be repealed by ordinance of the Mayor and City Council enacted in accordance with the provisions of this title.
Ord. 16-581
Ord. 17-015
Ord. 18-171
Ord. 19-251
The site of the planned unit development must be under common ownership or unified control.
If there are 2 or more owners, the application for approval of a new planned unit development must be jointly filed by all owners, or their respective contract purchaser or authorized agents.
When applying for a major change or repeal of an existing planned unit development, one owner or contract purchaser, or the authorized agent of either, may make the application for approval, as long as all other property owners, or their authorized agents, are notified in accordance with Title 5, Subtitle 6 {“Notices”} of this Code.
Planned unit developments must meet the following minimum areas:at least 5 acres in the R-1A, R-1B, R-1C, R-1D, R-1E, R-1, R-2, R-3, R-4, R-5, OIC, and BSC Districts;
at least 2 acres in the R-6, R-7, R-8, R-9, R-10, C-1, C-2, C-3, C-4, IMU-1 and -2, TOD, OR, and PC Districts; and
at least 1½ acres in the C-5 District.
Exceptions to the regulations contained in this Code, including use, bulk, yard, parking, and sign regulations, may be granted through the planned unit development process, as may be desirable to achieve the objectives of the proposed planned unit development, as long as the exceptions are fully consistent with and authorized by this title.
Ord. 16-581
Ord. 17-015
Ord. 19-244
Ord. 19-252
In reviewing a planned unit development:the conditional use standards of § 5-405(a) {“Conditions: In general”} and § 5-406 {“Approval standards”}of this Code apply; and
the following additional factors must be considered:whether the planned unit development is in general conformance with all elements of the Comprehensive Master Plan, and the character and nature of existing and contemplated development in the vicinity of the proposed planned unit development;
whether the planned unit development will preserve unusual topographic or natural features of the land, and the design of the planned unit development will best utilize and be compatible with the topography of the land;
whether the physical characteristics of the planned unit development will not adversely affect future development or the value of undeveloped neighboring areas, or the use, maintenance, or value of neighboring areas already developed;
whether the planned unit development will provide the same protection as the basic district regulations in regard to fire, health hazards, and other dangers;
whether the planned unit development will encourage innovative design features or adaptive reuse of structures that would not be possible by application of the basic district regulations; and
whether the planned unit development is compatible with any nearby industrial district.
The planned unit development may be approved only if there are findings that:the use is compatible with the surrounding neighborhood;
the use furthers the purpose of the proposed classification; and
the PUD master plan developed under <cite data-path="|32|§13-304">§ 13-304 {“PUD master plan”} of this title</cite> ensures that there will be no discordance with existing uses.
Ord. 16-581
In determining whether to grant an exception from district regulations, the Planning Commission and City Council must consider whether the exception will:enhance the overall merit of the planned unit development;
promote the objectives of both the City and the development;
enhance the quality of the design of the structures and the site plan;
enable the development to offer environmental and pedestrian amenities;
not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development;
not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or the flow of traffic;
be compatible with the land use policies of the Comprehensive Master Plan;
provide a substantial public benefit to the City, as illustrated in subsection (d) of this section; and
allow uses that predominantly match or are compatible with uses allowed in the underlying zoning district and the zoning districts of adjacent properties.
To be granted an exception, the applicant must demonstrate superior design and enhanced amenities.
In no case may any exception be granted unless the applicant demonstrates a substantial benefit to the City.
Examples of substantial benefits to the City are as follows:use of sustainable design and architecture, such as green roofs, white roofs, and other energy efficient design concepts, new building technologies, and qualifying as a Leadership in Energy and Environmental Design (“LEED”) or LEED-equivalent structure;
enhanced design characteristics, including mixed-use development, circulation systems that utilize alleys or traffic-calming techniques, and a pedestrian-oriented environment;
community amenities, including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities;
preservation of natural areas and site design that is sensitive to environmental features;
historic preservation and adaptive reuse of historic structures;
additional open-space and recreational amenities, such as recreational open space and playgrounds, including athletic fields, dog parks, natural water features, and conservation areas;
additional public infrastructure improvements, in addition to the minimum needed by the planned unit development, such as new or repaved streets, bicycle paths, gutters and sewers, and traffic control devices to improve traffic flow;
senior housing set-aside;
affordable housing set-aside;
provision of accessible dwelling units with accessible features beyond those required by the Americans with Disabilities Act or any other applicable codes; and
provision of public car or bike share facilities.
Ord. 16-581
In determining whether to approve the repeal of a planned unit development, the Planning Commission and the City Council must find that:
the repeal of the planned unit development is in the public interest; and
the approved final development plan of the planned unit development:has been substantially completed;
is no longer necessary in light of the property’s underlying zoning;
is no longer consistent with the City’s Master Plan; or
has been abandoned by the property owner.
Ord. 19-252