18.08.505 - Rezoning to Planned Unit Development
(a) Purpose This section describes the process by which requests to change the zoning district of a property or properties to a Planned Unit Development (PUD) are reviewed for compliance with this Title. The rezoning to PUD review procedure ensures conformance with the Master Plan, demonstration of benefit, and that potential impacts are considered.
(b) Applicability This section applies to all requests to amend the zoning designation of a property to the PUD special purpose zoning district. PUD review is a special type of zoning map amendment and the standards and procedures of Section 18.08.503, Rezoning (Zoning Map Amendment), shall apply except when preempted by a PUD-specific review provision in this section.
(c) Overview of PUD Process Evaluation and approval of an application for rezoning to PUD shall occur in three phases, each of which is further detailed in the following sections.
(1) Initial Concept Review The applicant may, at its option, request a review and discussion of high-level aspects of the proposed PUD with the City Council prior to submitting an application for a Tentative PUD plan. The purpose of such a review would be to obtain preliminary feedback on the feasibility of fundamental aspects of the proposed PUD, such as the mix of land uses, the general site layout, and the site circulation system. Any discussion and feedback received at this optional meeting is intended to help inform the development of the Tentative PUD Plan application, but shall not be binding on the City or the applicant.
(2) Tentative PUD Plan
a. The tentative PUD plan is for the applicant, the City, and the public to evaluate and determine the basic development plan for the proposed PUD, and to consider whether the development of the property as a PUD will result in a significant improvement over its development within a base zoning district.
b. The review and consideration of the tentative PUD plan is the opportunity to discuss and evaluate issues such as the location and scale of development, open spaces and recreation areas, the land use mix and distribution of land uses within the PUD, dimensional standards, the development standards applicable to the site, and plans for utilities and infrastructure to serve the project.
c. The tentative PUD plan requires a public hearing and review and recommendation by the Planning Commission, and a public hearing and review and decision by the City Council.
(3) Final PUD Plan
a. The purpose of the final PUD plan is for the applicant to respond to the issues raised during the review of the tentative PUD plan and to prepare a final PUD plan.
b. The final PUD plan requires review and recommendation by the Administrator, and approval by the City Council.
(d) Procedure for Initial Concept Review
(1) The applicant may, at their option, request a review and discussion of high-level aspects of the proposed PUD with the City Council prior to submitting an application for a Tentative PUD plan.
(2) To initiate a concept review, an applicant shall submit a request to the Administrator with conceptual plan documents sufficient to understand the basic plan for development, services, and amenities; and shall submit fees for such review in accordance with an approved fee schedule.
(3) The Administrator may prepare a staff report addressing considerations for the City Council.
(4) The Administrator shall schedule the initial concept plan for review by the City Council within 45 days of receiving a request.
(5) The initial concept plan review may occur prior to submittal of an application for a Tentative PUD; or concurrent with the review process for a Tentative PUD.
(6) The City Council shall review the initial concept plan and may provide feedback to the applicant on the feasibility of fundamental aspects of the proposed PUD, such as the intensity and mix of land uses, the general site layout, the site circulation system, public infrastructure and project amenities.
(7) Any discussion and feedback received at this optional meeting is intended to help inform the development of the Tentative PUD Plan application, but shall not be binding on the City or the applicant.
(e) Procedure for Tentative PUD Plan
(1) Application Submittal and Review Procedures Figure 8-6, below, identifies the applicable steps from Article 3, Common Review Procedures, that apply to the review of tentative PUD applications. Additions or modifications to the common review procedures are noted below.
Figure 8-7: Summary of Tentative PUD Procedures
[image omitted; see the official code]
a. Application Submittal and Handling PUD applications shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 18.08.303, Application Submittal and Handling. However, amendments to the official zoning map to create a PUD may only be initiated by the City Council or by application. The application shall include the following information:
1. A statement of the present ownership and a legal description of all the land included in the proposed PUD;
2. An explanation of the objectives to be achieved by the planned unit development and why those objectives cannot be achieved with standard zoning designations;
3. Description of the existing conditions of the site;
4. Statement of consistency with the Master Plan;
5. General site characteristics such as environmentally sensitive lands, wildlife habitat, areas of visual impact, and waterways;
6. The location and intensity of proposed land uses and development;
7. General site planning layout, including vehicular, bicycle, and pedestrian circulation;
8. Proposed public infrastructure and facilities;
9. Proposed amenities, including availability for public use and maintenance responsibilities;
10. A development schedule indicating the approximate date when construction of the planned unit development or stages of the planned unit development can be expected to begin and be completed; A Fiscal Impact Analysis (FIA) that details the infrastructure and services needed to support the proposed PUD and the estimated net fiscal impact to the City resulting from project approval;
11. Copies of any special agreements, conveyances, restrictions, or covenants, which will govern the use, maintenance, and continued protection of the planned unit development and any of its common open space areas; and
12. The applicant may submit any other information or exhibits deemed pertinent in evaluating the proposed planned unit development.
b. Staff Review and Action The Administrator shall review the tentative applications for a PUD, prepare a staff report and recommendation in accordance with Section 18.08.304, Review and Action, and the procedures below:
1. Except as outlined in this section, tentative approval of a PUD shall be processed as a zoning map amendment in accordance with Section 18.08.503, Rezoning (Zoning Map Amendment).
2. All requirements and regulations pertaining to the approval, denial, conditioning of tentative approval by minute order, findings of fact, specification of time for filing application for final approval, and status of plan after tentative approval shall be as provided in NRS Sections 278A.490 to 278A.520, inclusive.
3. In approving a PUD, the Planning Commission and City Council shall make findings regarding the requirements of this section and NRS Section 278.250(2), as applicable.
c. Scheduling and Notice of Public Hearings The tentative PUD application shall be scheduled for a public hearing before the Planning Commission and noticed in accordance with Section 18.08.305, Scheduling and Notice of Public Hearings.
d. Planning Commission Review and Action The Planning Commission shall hold a public hearing and recommend to the City Council approval, approval with modifications, or disapproval of the proposed tentative PUD in accordance with Section 18.08.306, Review and Decision.
e. Review and Decision By affirmative vote of a majority of the City Council, the Council shall approve, disapprove, or approve a proposed tentative PUD with modifications in accordance with Section 18.08.306, Review and Decision.
f. Minute Order Within 30 days following approval or denial of a Tentative PUD Plan, the City shall distribute a Minute Order in accordance with NRS 278A.500 through 278A.520, inclusive.
g. Post-Decision Actions and Limitations Following approval of a tentative PUD plan, the applicant may submit an application for a final PUD plan in accordance with the procedure below.
(f) Procedure for Final PUD Plan All requirements and regulations pertaining to the application for a Final PUD Plan, substantial compliance with the Tentative PUD Plan, alternative proceedings for final action on plans not in substantial compliance, recourse to courts on failure of city to grant or deny final approval, certification and filing of approved plan, and zoning map amendment and re-subdivision upon abandonment or failure to carry out approved plan shall be as provided in NRS 278A.530 to 278A.580, inclusive.
(g) Findings In addition to meeting the approval criteria in Section 18.08.304(e), Approval Criteria Applicable to all Applications and the findings for approval of zoning map amendments in Section 18.08.503(d), Findings, the Planning Commission and City Council shall find that the Tentative PUD Plan:
(1) Is consistent with the statement of objectives of a PUD.
(2) Ensures that any departures from standard zoning and subdivision regulations otherwise applicable to the property, including but not limited to density, bulk and use, are in the public interest.
(3) Has a ratio of residential to nonresidential use that is appropriate for the area and compatible with nearby land uses.
(4) Provides an appropriate location and amount of the common open space and provides for the maintenance and conservation of the common open space in relation to the proposed density and type of residential development.
(5) Includes an adequate provision for public services, adequate control over vehicular traffic, and furthers the amenities of light and air, recreation, and visual enjoyment
(6) Is compatible with the neighborhood in which it is proposed to be established.
(7) For PUD Plans that propose phased development over a period of years, sufficient terms and conditions are included to protect the interests of the public, residents, and owners of the PUD in the integrity of the plan. Addresses a unique situation, provides substantial benefit to the City, or incorporates innovative design, layout, or configuration resulting in quality over what would typically be accomplished through strict application of a base zoning district or other standards of this Title;
(8) Is compatible with a Master Plan land use category or categories, including Master Plan guidance on the desired density, use, and characteristics of the land use category; and
(9) Demonstrates that there is a public benefit gained from approval of the PUD, such as but not limited to the following:
a. Additional or better open spaces, or a design or development of open spaces that creates a desirable and useful environment;
b. Additional public use facilities, such as but not limited to pedestrian and bicycle trails, parks, open spaces, streets improving local circulation, or public access to a lake or stream;
c. Preservation or enhancement of natural and cultural assets, such as historic landmarks, migration routes, wetlands, fish or animal habitats, geographical features, specimen trees, or views;
d. Other general public benefit features that contribute to improving the environment and ecology of the vicinity, such as incorporating green infrastructure improvements to enhance stormwater infiltration and/or provision of additional flood protection facilities; and/or
e. A significantly higher quality development than following traditional development practices would allow, including more efficient use of land, energy, and resources, a more unified design concept, and a more carefully planned, considered, and livable community.
(h) Post-Decision Actions and Limitations
(1) General
a. All common procedures in Section 18.08.307, Post-Decision Actions and Limitations, shall apply.
b. All requirements and regulations pertaining to the enforcement and modification of the provisions of the PUD plan as finally approved, whether or not these are recorded by plat, covenant, easement or otherwise, shall be as provided in NRS Sections 278A.380 to 278A.420, inclusive.
c. Amendments to the official zoning map and minor amendments to PUD plans shall be initiated by a person that submits an affidavit executed by each of the property owners giving permission for the zoning map amendment or minor amendment to PUD plans.
(2) Minor Amendments to PUD Plans
a. The Administrator may approve minor amendments to an approved PUD if the proposed amendment complies with the following criteria and the Administrator determines that the amended PUD is consistent with all PUD approval findings:
1. The number of residential units shall not be increased by more than 10 percent.
2. The gross square footage of nonresidential building area shall not be increased by more than 10 percent.
3. The amendment shall not change the allowed uses listed in the approved PUD.
4. The number or location of vehicular access points shall not be changed in a way that negatively impacts public safety or the flow of traffic onto public streets.
5. The numeric standards in the PUD shall not be revised by more than would be allowed through Section 18.08.804, Minor Deviation.
b. The Administrator may modify any architectural design standards.
c. The Administrator may require public notice prior to approving changes on contested projects. No other changes may be made without an amendment to the PUD, utilizing the process outlined above.
(3) Reconsideration and Expiration
a. For PUD Plans approved or amended after the effective date or this Title, the Administrator shall schedule public hearings with the Planning Commission and City Council to monitor construction within the PUD every five years following adoption of each PUD or PUD amendment that is approved under this Title. The City Council, during any of the monitoring public hearings, may modify the monitoring schedule to be more frequent, less frequent, or to not occur at all.
1. If no development has occurred on the site five years following the approval date of the PUD or PUD amendment, the applicant shall either provide a construction phasing plan that provides for the commencement of work within two years following the five-year review or shall provide an explanation to the City about why commencement of development has not occurred and why the approval should remain in place. If development has not commenced within two years following the five-year review, the City Council may initiate a rezoning to another district if it determines that the PUD approval findings can no longer be made and PUD zoning is no longer appropriate on the site.
2. If less than 20 percent of the PUD has been developed within ten years following the approval date of the PUD, the City Council may initiate a rezoning of undeveloped areas to another district if it determines that the PUD approval findings can no longer be made and PUD zoning is no longer appropriate on the site.
3. If less than 40 percent of the PUD has been developed within 15 years following the approval date of the PUD, the City Council may initiate a rezoning of undeveloped areas to another district if it determines that the PUD approval findings can no longer be made and PUD zoning is no longer appropriate on the site.
4. If less than 60 percent of the PUD has been developed within 20 years following the approval date of the PUD, the City Council may initiate a rezoning of undeveloped areas to another district if it determines that the PUD approval findings can no longer be made and PUD zoning is no longer appropriate on the site.
5. If less than 80 percent of the PUD has been developed within 25 years following the approval date of the PUD, the City Council may initiate a rezoning of undeveloped areas to another district if it determines that the PUD approval findings can no longer be made and PUD zoning is no longer appropriate on the site.
6. The five-year reviews shall terminate when 90 percent of the PUD is developed.
b. During a monitoring hearing, the City Council and applicant or responsible party may, by mutual agreement, add conditions or modify the PUD.
(Ord. No. 6692, § 1(Exh. A), 1-8-25)
