(A)   The purpose of the Planned Unit Development District is to provide a comprehensive procedure intended to allow greater flexibility in the development of residential areas or non-residential areas that would not 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.

   (B)   The intent of this section is to:

      (1)   Provide for the establishment of Planned Unit Development (PUD) zoning districts in appropriate settings and situations, to create or maintain a development pattern that complies with the city’s Comprehensive Plan;

      (2)   Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under other districts;

      (3)   Provide for variations to the strict application of the land use regulations in this chapter in order to improve site design and operation, while at the same time incorporating design elements (such as construction materials, landscaping, lighting, and the like) that exceed the city’s standards to offset the effect of any variations;

      (4)   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;

      (5)   Preserve and enhance natural features and open spaces;

      (6)   Maintain or improve the efficiency of public streets and utilities;

      (7)   Ensure the establishment of appropriate transitions between differing land uses.

(Ord. 1112.03, passed 8-25-03)

   Uses within the PUD may include only those uses generally considered associated with the general use category shown for the area on the official Comprehensive Plan. However, in some unique situations, the PUD may allow the approval of use or uses that are not listed as either permitted or conditional uses in any underlying zoning district. The specific allowed uses and performance standards for each PUD shall be delineated in an ordinance approving the PUD, a PUD agreement executed between the city and developer, and approved PUD development plan. The PUD development plan shall identify all the proposed land uses and those uses shall become permitted uses when the PUD agreement and final development plan is approved. Any change in list of uses presented in the development plan will be considered an amendment to the PUD and will follow the procedures specified in this article for revisions or changes.

(Ord. 1112.03, passed 8-25-03)

   The city shall consider the proposed PUD from the point of view of all standards and purposes of the comprehensive land use plan to achieve a maximum coordination between the proposed development and the surrounding uses, the conservation of woodlands and wetlands, the protection of health, safety and welfare of the community and residents of the PUD. To these ends, the City Council shall consider the location of the buildings, compatibility, parking areas and other features with respect to the topography of the area and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the adequacy and location of green areas; the adequacy, location and screening of parking areas; and such other matters as the City Council may find to have a material beating upon the stated standards and objectives of the comprehensive land use plan.

(Ord. 1112.03, passed 8-25-03)

   Subdivision review under the subdivision regulations shall be carried out simultaneously with the review of the PUD. The plans required under this article shall be submitted in a form that will satisfy the requirements of Chapter 153 for the preliminary and final plat.

(Ord. 1112.03, passed 8-25-03)

   (A)   Minor changes such as the location, placement and height of structures may be authorized by the staff development review committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the City Council.

   (B)   Changes in uses, significant changes in location, size, or height of structures, any rearrangement of lots, blocks and building tracts, changes in provision of common open spaces and all other changes to the approved final development plan may be made only after a public hearing conducted by the City Council. Upon determination by the staff development review committee that a major change has been proposed, the applicant shall apply for an amended PUD. The application to amend the PUD shall be treated as a new zoning application. Upon acceptance of a complete application, the Planning Commission shall hold a hearing and make a recommendation to the City Council. Any changes shall be recorded as amendments to the recorded copy of the final development plan.

   (C)   All of the provisions of the article applicable to the original district within which the planned unit development district is established shall apply to the amended PUD district except as otherwise provided in approval of the PUD agreement and final development plan. The effective date of the PUD shall be after:

      (1)   Approval of the PUD zoning amendment, and

      (2)   Publication of the ordinance approving the PUD.

   (D)   If substantial development has not occurred within one year after approval of the PUD zoning district, the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district. It shall not be necessary for the City Council to find that the rezoning was in error.

   (E)   Within the PUD agreement, the city may authorize the scheduling of periodic reviews, to occur upon the determination of the City Administrator that a need for review exists, to ascertain that actual development on the site meets the conditions of the approved PUD.

(Ord. 1112.03, passed 8-25-03)

   (A)   The Planning Commission shall compare the actual development accomplished in the various PUD zones with the approved development schedule.

   (B)   Upon recommendation of the Planning Commission and for good cause shown by the property owner, the City Council may extend the limits of the development schedule.

   (C)   The construction and provision of all of the common open space and public and recreational facilities, which are shown on the final development plan must proceed at the same rate as the construction of dwelling units, if any. The staff development review committee shall review all of the building permits issued for the PUD and examine the construction that has taken place on the site. If they find that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, they shall forward this information to the City Council for action.

   (D)   A performance bond or letter of credit may be required to guarantee performance by the developer. The amount of this bond or letter of credit and the specific elements of the development program that it is intended to guarantee will be stipulated in the PUD agreement.

(Ord. 1112.03, passed 8-25-03)

   (A)   After the certificate of occupancy has been issued, the use of the land and the construction, modification or alteration of any buildings or structures within the planned development shall be governed by the final development plan.

   (B)   After the certificate of occupancy has been issued, no changes shall be made in the approved final development plan except upon application as provided below.

      (1)   Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the staff development review committee if they are consistent with the purposes and intent of the final plan.

      (2)   Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved.

      (3)   Changes in the use of the common open spaces may be authorized by an amendment to the final development plan after a public hearing by the Planning Commission and recommendation to the City Council.

(Ord. 1112.03, passed 8-25-03)

   (A)   Application conference. Before filing of an application for a PUD, the applicant of the proposed PUD shall arrange for and attend a conference with the staff development review committee. 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 the applicant’s 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.

   (B)   Sketch plan. The sketch plan provides an opportunity for an applicant to submit an informal plan to the city showing the applicant’s basic intent and general nature of the development. The sketch plan is optional and is intended to provide feedback from the Planning Commission before the applicant incurs substantial cost in the preparation of formal plans. The sketch plan shall be considered a partial, incomplete application prior to formal submittal of the complete application and scheduling of hearings.

   (C)   Preliminary development plan. The purpose of a preliminary development plan is to formally present a planned unit development and preliminary plat application in a public hearing before the Planning Commission. The plan shall include the following:

      (1)   A description of proposed land uses for the PUD;

      (2)   Overall maximum PUD density range;

      (3)   General location of major streets and pedestrian ways;

      (4)   General location and extent of public and common and open space;

      (5)   General location of residential and non-residential land uses with approximate type of intensities;

      (6)   Staging and time schedule of development;

      (7)   Other special criteria for development, which may include, but is not limited to, preliminary landscape plans and conceptual architectural plans.

      (1)   The developer shall meet with the staff development review committee to discuss the proposed preliminary development plan.

      (2)   The applicant shall file the preliminary development plan application and preliminary plat, together with all supporting data.

      (3)   Within 30 days after verification by the staff development review committee that the required plan and supporting data is adequate, the Planning Commission shall hold a public hearing.

      (4)   The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten days prior to the hearing and written notification of the hearing shall be mailed at least ten days prior thereto to owners of land within 350 feet of the boundary of the property in question.

      (5)   The city may request additional information from the applicant concerning operational factors or retain expert testimony at the expense of the applicant.

      (6)   The City Council may hold a public hearing after the receipt of the report and recommendations from the Planning Commission. If the Planning Commission fails to make a report within 60 days after the receipt of the application, then the City Council may proceed without the report. The City Council may approve the preliminary development plan and attach such additional conditions as it deems reasonable. Approval shall require a majority vote of the entire City Council.

      (7)   After the preliminary development plan approval by the City Council, the PUD zoning ordinance map amendment shall be published, with reference made to the PUD agreement text. The city shall be responsible for recording the ordinance and PUD agreement with the County Recorder’s office, with all associated fees and costs to be incurred by the applicant, prior to issuance of any building permit or within 60 days, whichever is less. The official PUD ordinance and agreement shall also be filed in the City Clerk’s office.

   (E)   Applications. Ten copies of the following exhibits, analyses and plans shall be submitted to the city (preliminary development plan):

      (1)   Preliminary plat and information required by Chapter 153.

      (2)   General information:

         (a)   The landowner’s name and address and the landowner’s interest in the subject property.

         (b)   The applicant’s name and address if different from the landowner.

         (c)   The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor.

         (d)   Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report and such other evidence as the City Attorney may require to show the status of title or control of the subject property.

      (3)   Present status:

         (a)   The address and legal description of the property.

         (b)   The existing zoning classification and present use of the subject property and all lands within 1,000 feet of the property.

         (c)   A map depicting the existing development of the property and all land within 1,000 feet of such property and indicating the location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feet of the property.

         (d)   A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand showing its relationship to the city’s Comprehensive Plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the city.

         (e)   Site conditions. Graphic reproductions of the existing site conditions at a scale of one inch equals 100 feet.

            1.   Contours; minimum two foot intervals.

            2.   Location, type and extent of tree cover.

            3.   Slope analysis.

            4.   Location and extent of water bodies, wetlands, streams, and floodplains within 300 feet of the property.

            5.   Significant rock outcroppings.

            6.   Existing drainage patterns.

            7.   Vistas and significant views.

            8.   Soil conditions as they affect development. All of the graphics should be the same scale as the final plan to allow easy cross reference.

      (4)   Proposed status:

         (a)   Schematic drawing of the proposed development concept including, but not limited to, the general location of major circulation elements, public and common open space, residential and other land uses.

         (b)   A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following:

            1.   Area devoted to residential use by building type;

            2.   Area devoted to common open space;

            3.   Area devoted to public open space;

            4.   Approximate area devoted to streets;

            5.   Approximate area devoted to, and number of, off-street parking and loading spaces and related access;

            6.   Approximate area and floor area devoted to industrial or office use;

            7.   Total area of the property.

         (c)   When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each stage and overall chronology of development to be followed from stage to stage.

         (d)   When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities.

         (e)   Any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

         (f)   Schematic utility plans indicating placement of water, sanitary and storm sewers.

         (g)   The city may excuse an applicant from submitting any specific item of information or document required in this stage that it finds to be unnecessary to the consideration of the specific proposal.

         (h)   The city may require the submission of any additional information or documentation that it may find necessary.

   (F)   Final development plan.

      (1)   Following preliminary development plan approval, if given, the applicant shall submit the final development plan application and final plat. The application shall proceed and be acted upon in accordance with procedures for final plat review and approval. If appropriate, because of the limited scale of the proposal, the preliminary development plan stage and final development plan stages may proceed simultaneously.

      (2)   Final development plan submission should depict and outline the proposed implementations of the approved preliminary development plan and PUD agreement. Information from the preliminary development plan may be included for background and to provide a basis for the submitted plan. The final development plan submissions shall include, but not be limited to:

         (a)   A final plat and information required by Chapter 153;

         (b)   Ten sets of preliminary plans drawn to a scale of not less than one inch equals 100 feet (or scale requested by the Zoning Administrator) containing at least the following information:

            1.   Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat previously recorded in the county where the subject property is situated);

            2.   Property boundary lines and dimensions of the property and any significant topographical or physical features of the property;

            3.   The location, size, use, and arrangement including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, including mobile homes, and existing buildings which will remain, if any;

            4.   Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements;

            5.   Location, designation, and total area of all common open space;

            6.    Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities;

            7.   Proposed lots and blocks, if any, and numbering system;

            8.   The location, use and size of structures and other land uses on adjacent properties;

            9.   Detailed sketches and provisions of proposed landscaping;

            10.   General grading and drainage plans for the developed PUD;

            11.   Any other information that may have been required by the Planning Commission or City Council in conjunction with the approval of the preliminary development plan.

         (c)   An accurate legal description of the entire area within the PUD for which final development plan approval is sought.

         (d)   A tabulation indicating the number of residential dwelling units and expected population.

         (e)   A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (such as drug store, dry cleaning, supermarket).

         (f)   Architectural “typical” plans indicating use, floor, plan, elevations and exterior wall finishes of proposed buildings, including mobile homes.

         (g)   A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights of way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structure, including mobile homes, and uses.

         (h)   Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved preliminary development plan.

         (i)   A preliminary plat prepared in accordance with Chapter 153.

         (j)   A soil erosion control plan acceptable to watershed districts, department of natural resources, soil conservation service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures.

   (G)   Fees. Fees associated with the PUD application shall be set by resolution of the City Council.

(Ord. 1112.03, passed 8-25-03)