The intent of the Planned Unit Development (PUD) District is to encourage innovation in residential, commercial and industrial development by greater variety in type, design, and layout of buildings; to encourage a more efficient use of land reflecting changes in the technology of land development; to encourage the expansion of urban areas incorporating the best features of modem design while conserving the value of land; and to provide a procedure which relates the type, design, and layout of development to the particular site and the particular demand at the time of development in a manner consistent with the preservation of property values within established neighborhoods.

The PUD District in this ordinance is an overlay zone which may be used in conjunction with any of the standard residential, commercial, or industrial zones. Although the specific conditions within this district are predetermined, the location of a proposed district must be carefully reviewed to assure that these conditions can be met. A development plan shall be submitted by each applicant for PUD zoning in accordance with the provisions and conditions that follow.

All uses, however, such uses, must be approved as shown on the development plan as specified in these regulations. In general, a PUD may be residential, commercial, or industrial.

A.    The Planning Commission shall make a report to the Governing Body setting forth its reasons for recommendation of approval or denial of the application, along with specific evidence and facts showing that the proposed PUD meets or does not meet the following conditions:

i.     The PUD shall be in general conformity with the provisions of the adopted comprehensive plan.

ii.    The PUD shall not have a substantially adverse effect on the development of the neighboring area.

B.    The PUD may be established exclusively for residential, commercial, or industrial development, or any combination of those types of development.

C.    The minimum size allowed for the PUD shall be as follows:

Residential                Two (2) acres

Commercial               Three (3) acres

Industrial                    Four (4) acres

Any PUD that has combined two or more types of use into a single PUD shall have a minimum allowable size for the PUD equal to the sum of the minimum land areas required foreach of the two or more types contained therein.

D.    Height, bulk, and setback requirements may be varied to promote an efficient and creative PUD.

A.    Upon recommendation of the Planning Commission the Governing Body may from time to time adopt general policies or specific rules and regulations for PUD’s and place said policies or rules and regulations of public record in the office of the Zoning Administrator; provided said policies and/or rules and regulations are not inconsistent with the adopted standards and conditions; and provided that no policies, rules or regulations shall be revised or added to, so as to be applicable to a specific proposal for a PUD after an application for preliminary approval of a specific development plan has been filed.

B.    A PUD shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, design, and location of buildings, the density or intensity of use, open space, public facilities, and the development by geographic division of the site.

i.     The applicant shall satisfy the Planning Commission and the Governing Body that they have the ability to carry out the proposed plan and shall prepare and submit a schedule of construction. The proposed construction shall begin within a period of 18 months following approval of a final plan by the Governing Body, and a minimum of fifty percent (50%) of the total planned construction shall be completed within a period of three (3) years following approval of the plan. The period of time established for the completion of the development may be modified or extended from time to time by the Governing Body, upon the showing of cause by the developer.

ii.    The applicant may designate phases of the entire parcel to be developed as a unit, and shall, in such case, specify reasonable periods that each phase of the development might be commenced. In the case of residential PUDs, the Governing Body may permit in each phase the number of dwelling units per acre established for the entire PUD, provided such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the entire PUD is not affected.

iii.   The developer shall provide and record easements, covenants, and other necessary arrangements; shall furnish such performance bonds, escrow deposit(s), or other financial guarantees as may be determined by the Planning Commission and approved by the Governing Body, to be reasonably required to assure performance in accordance with the PUD and to protect the public interest in the event of abandonment of the PUD before completion.

iv.   The site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the residents or occupants of the development. If it is determined that traffic control signals are required to prevent traffic hazards or congestion in adjacent streets, the control signals shall be provided at the developer's expense.

v.    The PUD shall not impose an undue burden on public services and facilities, such as water and sewer systems and fire and police protection.

vi.   The entire tract or parcel of land to be submitted for the PUD shall be held in single ownership or control, or if there are two (2) or more owners, the application for such PUD shall be filed jointly.

vii.  The location and arrangement of structures, parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a PUD not used for structures, parking and loading areas, or access-ways shall be landscaped or otherwise improved.

viii. Off-street parking and loading shall be provided in accordance with Article XXVI.

ix.   When a commercial or industrial use within a PUD district abuts a residential district, a solid or semi-solid fence or wall at least six (6) feet, but not more than eight (8) feet high and having a visual density of not less than ninety (90%) percent per square foot, shall be provided adjacent to any adjoining residential district except where the commercial or industrial development is separated from the residential zone by a street right-of- way. A ten (10) foot wide landscape buffer which shall consist of trees, shrubs and evergreens located along the property line which shall be maintained by the owner or owners of the property in the PUD may be substituted for the solid or semi-solid fence when approved by the Planning Commission and governing body.

x.    All commercial and industrial buildings shall set back not less than twenty - five (25) feet from the right-of-way of any street and ten (10) feet from any district boundary line that does not abut a street right-of-way. Additional setback from a heavily traveled thoroughfare may be required by the Governing Body, when recommended by the Planning Commission, for protection of health, safety, and general welfare of the community.

xi.   Building coverage shall not exceed the following percentages of the net developable area of each individual parcel and of the total development for each type of PUD:

Residential         60% maximum

Commercial        65% maximum

Industrial            65% maximum

xii.  A minimum of fifteen (15) percent of the net area of the part of any PUD reserved for residential development shall be provided for open space as defined by these regulations. At least one-half (1/2) of the open space shall be provided for leisure and recreational use of all PUD residents and maintained by owners of property in the PUD as through a homeowner's association in the case of a townhouse or a residential subdivision. The common open space shall be developed for appropriate recreational facilities and a minimum of fifty (50) percent of the proposed recreational facilities shall be constructed prior to the development of one-half (1/2) of the project, and all recreational facilities shall be constructed by the time the project is seventy-five (75) percent developed.

C.    The PUD shall include provisions for the ownership and maintenance of the common open spaces to ensure its continuity, care, conservation, and maintenance, and to ensure that remedial measures will be available to the Governing Body if the common open space is permitted to deteriorate or is not maintained in a condition consistent with the best interests of the PUD or of the entire community.

D.    Modifications of the zoning or other regulations that would otherwise be applicable to the site may be permitted, providing the design of the PUD and the amenities incorporated in it are not inconsistent with the interest of the general public.

E.    No residential use shall have direct access onto an arterial street.

F.    All commercial or industrial areas must have access to a collector or arterial street, however, no individual commercial or industrial use may have direct access onto collector or arterial streets, unless deemed necessary by the Planning Commission and approved by the Governing Body.

G.    Sidewalks shall be built to City specifications along all public and private streets, however, an alternative pedestrian and sidewalk plan may be developed which provides pedestrians access between each use in the PUD, if necessary.

H.    Consideration shall be given for the provision of bicycle traffic along collector and arterial streets or along the approved pedestrian-sidewalk system.

A.    An application for a preliminary PUD plan will be handled in the same manner prescribed for amending the zoning ordinances. The same requirements for notice, advertisement of public hearing, protests, and adoption shall be required as in conventional zoning amendments.

B.    The applicant shall prepare and submit 20 hard copies, as well as a digital copy, of the preliminary development plat for review and recommendation by the Planning Commission, and said plat shall include:

i.     A site plan showing:

a.     Contours at intervals of two (2) feet.

b.    General location, size, and use of all proposed structures in conformance with the yard requirements; or designation of individual lots if such lots are proposed to be sold to individual owners.

c.     All points of ingress and egress, driveways, circulation aisles, parking lots, parking spaces, and service areas.

d.    All streets adjoining subject property and the width of the existing right- of-way.

e.     Areas set aside for public and private open space with the type of recreational facilities planned for each area indicated.

f.     Designation of individual parcels if the proposed development is to be set up in separate construction phases.

g.     Location of required screening.

h.    Location of natural features such as ponds, tree clusters and rock out-croppings.

i.     Existing development on adjacent properties within two hundred (200) feet.

ii.    The above-described site plan shall also include a section designated as "General Provisions" and said section shall include the following items when said items are applicable.

a.     Net area _____ square feet or _____ acres. (Note: net area does not include land dedicated or necessary to be dedicated for public street right- of-way. If more than one (1) parcel is proposed, designate net area by parcel as well as total net area).

b.    Density shall not exceed ____ dwelling units per acre, or a total of _____ dwelling units for the entire PUD. No parcel or unit of the PUD shall exceed a density of _____ units per acre for the individual parcel by more than twenty (20) percent.

c.     Building coverage shall not exceed   of the net area of the PUD by individual lot or total development.

d.    A minimum of _____ percent of the PUD shall be provided for common open space as defined by these regulations. (Note: normally, this figure should be approximately fifty (50) percent.

e.     A minimum of fifty (50) percent of the recreational facilities shall be constructed prior to the development of one-half (1/2) of the project and all recreational facilities shall be constructed by the time the project is seventy- five (75%) percent developed.

f.     If more than one (1) parcel is proposed, a statement relating to the sequence of development shall be included.

1.    Required number of off-street parking spaces: _____.

2.    Gross floor area proposed: _____ square feet (Commercial PUD only).

3.    All proposed land uses shall be listed by parcel.

iii.   A statement or adequate drawings shall be included describing the manner for the disposition of sanitary waste and stormwater.

iv.   The full legal description of the boundaries of the property or properties to be included in the PUD.

v.    A vicinity map showing the general arrangement of streets within an area of one thousand (1,000) feet from the boundaries of the proposed PUD.

vi.   Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interest in the tract of land and the proposed development.

vii.  When a PUD includes provisions for a common open space, or recreational facilities, a statement describing the provision that is to be made for the care and maintenance for such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by- laws of such entity shall be submitted.

viii. Copies of any restrictive covenants that are to be recorded with respect to property included in the planned development district.

a.     In the case where a PUD calls for construction in units over a period of years, a schedule showing the proposed item and sequence within which the applications for final approval of all sections of the PUD are intended to be filed shall be submitted.

b.    A written statement by the applicant shall be submitted setting forth the reasons why in their opinion the PUD would be in the public interest and would be consistent with the intent of  the Governing Body on Planned Unit Development (PUD).

c.     Action by Planning Commission: The Planning Commission shall, within sixty (60) days after a preliminary PUD is filed, hold a public hearing on said development after giving notice as required by statute for hearings on zoning amendments. Said public hearing may be adjourned from time to time and within a reasonable period of time. After the conclusion of said public hearing the Planning Commission shall provide feedback on the preliminary PUD and suggested requested changes or edits. The Planning Commission shall make a motion to disapprove, approve as submitted, or approve with amendments, conditions, or restrictions.

A.    After Planning Commission approval of a preliminary PUD, the applicant shall submit an application for final PUD approval. The application shall include 20 copies of such drawings, specifications, covenants, easements, conditions, and/or form of performance bond (if required) as set forth in the approval of the preliminary PUD and in accordance with the conditions established in the zoning regulations for PUDs.

B.    A plan submitted for final PUD approval shall be deemed to be in substantial compliance with the preliminary PUD plan previously given tentative approval, provided any modification by the landowner of the plan as tentatively approved does not:

i.     Vary the proposed gross residential density or intensity of use by more than ten (10) percent or involve a reduction in the area set aside for common open space, nor the substantial relocation of such area, or

ii.    Increase by more than ten (10) percent the floor area proposed for non- residential use; or

a.     Increase by more than ten (10) percent the total ground area covered by buildings; or involve a substantial change in the height of buildings; or

b.    The juxtaposition of different land uses; or

c.     The relation of open space to residential development; or

d.    The proposed phasing of construction.

C.    A public hearing need not be held for the approval of a final PUD if it is in substantial compliance with the approved preliminary PUD, and a public hearing need not be held to consider modifications on location and design of streets or facilities for water, storm water, sanitary sewers, or other public facilities.

In the event a public hearing is not required for final approval and the application for final approval has been filed, together with all drawings, specifications, and other documents in support thereof, the Planning Commission shall, within a reasonable period of time of such filing, recommend that such plan be given final approval and forward its recommendation to the Governing Body for its final approval.

D.    In the event the final PUD submitted contains substantial changes from the approved preliminary PUD, the applicant may be required to resubmit a new preliminary PUD plan. This preliminary development plan shall be modified in the same manner prescribed in this article for original approval.

E.    In the event that a plan or section thereof is given final approval and thereafter the landowner abandons said plan or section, they shall so notify the City in writing. In the event the landowner fails to commence the PUD within eighteen (18) months after final approval has been granted, final approval shall terminate and shall be deemed null and void unless such time period is extended by the Planning Commission and then the Governing Body, upon written application by the landowner.

Any approved final PUD shall be filed of record with the Sedgwick County Register of Deeds. Filing is the responsibility of the property owner and/or their agent.

To further the mutual interest of the residents and owners of the PUD and of the public in the preservation of the integrity of the plan, as finally approved, and to insure that modifications, if any, in the plan shall not impair the reasonable reliance of the said residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plan, covenant, easement, or otherwise shall be subject to the following provisions:

A.    Enforcement by the Municipality: The provisions of the plan relating to:

i.     The use of land and the use, bulk, and location of buildings and structures, and

ii.    The quality and location of common open space, and

iii.   The intensity of use or the density of residential units shall run in favor of the municipality and shall be enforceable in law or in equity by the municipality, without limitation on any owners or regulation otherwise granted the municipality by law.

B.    Enforcement by the Residents and Owners: All provisions of the PUD shall run in favor of the residents and owners of the PUD, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and to the extent said provisions, whether recorded by plat, covenant, easement, or otherwise may be enforced at law or equity by said residents and owners, acting individually, jointly, or through an organization designated in the plan to act on their behalf; provided, however, that no provisions of the plan shall be implied to exist in favor of residents and owners of the PUD except as to those portions of the plan which have been finally approved and have been recorded.

C.    Modifications of the PUD by the Municipality: All those provisions of the plan authorized to be enforced by the municipality under Paragraph 1 of this section may be modified, removed, or released by the municipality (except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility), subject to the following conditions:

i.     No such modification, removal, or release of the provisions of the plan by the municipality shall affect the rights of the residents and owners of the PUD to maintain and enforce those provisions, at law or equity, as provided in Paragraph 2 of this section.

ii.    No modification, removal or release of the provisions of the plan by the municipality shall be permitted except upon a finding by the municipal authority, following a public hearing called and held in accordance with the provisions of this section, that the same is consistent with the efficient development and preservation of the entire PUD does not adversely affect either the enjoyment of land abutting upon or across a street from the PUD or the public interest, and is not granted solely to confer a special benefit upon any person.

D.    Modification by the Residents: Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provision of the plan, modify, remove, or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the municipality to enforce the provisions of the plan in accordance with the provisions of Paragraph 1 of this section.

A PUD District ordinance or an approved preliminary or final PUD/development plan may be amended in the same manner prescribed in this article for approval of a preliminary or final plan. Application for amendment may be by the homeowner' s association or fifty-one (51%) of the owners of the property within the PUD.

For un-platted tracts or tracts being re-platted, the approval of the preliminary PUD shall be considered as the approval of a preliminary plat. To complete the platting process, the applicant need only submit a final plat. Said final plat shall be in accordance with the subdivision regulations.