05/12/2021 P&Z Packet - Laserfiche WebLink

Home Search

3 The Zoning Ordinance defines a Planned Unit Development (PUD) as “An area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more residential clusters or planned residential developments and/or one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of non- residential uses to residential uses as shall be specified.” Section 1007.024 of the City Code describes the purpose and intent of the PUD and provides standards for that type of development. The PUD is intended to provide opportunities for unique and creative design in exchange for the conservation of land and open space in both residential and commercial PUDs. This section allows PUDs by conditional use permit for residential only PUDs and commercial/industrial PUDs, but requires a rezoning to PUD when the development includes a mix of residential and non-residential uses. Section 1007.132 establishes the PUD zoning district standards and references the standards in Section 1007.024. What should change? 1. After consultation with the City Attorney, staff recommends that all PUDs be done by rezoning rather than PUD. This gives the City more discretion in reviewing a PUD and allows the PUD to be established as a negotiated zoning district for that particular development. When reviewing a CUP, the City’s discretion is limited to whether or not a PUD meets the standards in the ordinance. However, the City has a higher level of discretion when reviewing a rezoning and may impose reasonable requirements in a PUD not otherwise required if the City deems it necessary to promote the general health, safety and welfare of the community and surrounding area. We recommend deleting Section 1007.024, which allows PUD by CUP, and moving those standards to Section 1007.132, which requires a rezoning to PUD. 2. Staff recommends cleaning up the PUD language to improve readability and eliminate duplication within the ordinance, but has not prepared any draft language at this time. The Board should consider whether any changes to the existing PUD standards are required. Under the current process, the City reviews the project with the existing zoning district as the foundation and considers flexibility to certain standards (setbacks, lot size, etc.) in exchange for the additional open space, improved architecture or other benefits provided by the PUD. This is a negotiation between the City and the developer, but the primary benefit to the City remains the open space preservation required by the PUD. a. The Comprehensive Plan implementation says the City will consider establishing minimum lot sizes and garage sizes in a PUD. The rural PUD does establish a minimum lot size in order to ensure adequate space on the lot for septic systems. For properties where a PUD is considered, the City starts with the assumption at the standards in the existing district with be used and negotiates with the developer for any changes to those standards. Staff believes trying to establish a minimum PUD lot size for each urban district is unnecessary because each PUD is unique and should be evaluated on the specific project. The Board should provide direction.