Planned unit developments, patio houses, and cluster developments as defined in this ordinance are recognized as being desirable for the conservation and more efficient use of open space, utilities, energy, and public services than the conventional pattern of land development. In the best interest of the long range development plans of the city, therefore, the planning commission is hereby empowered to make certain exceptions to the provisions of this ordinance in order to encourage new and innovative approaches to land development. Such exceptions shall permit flexibility of design and construction and provide for ways to enclose outdoor space as a useful extension of the living areas in a manner consistent with the preservation of property values within established areas but shall not permit structures or use of land that might endanger health, safety, or natural drainage.

A two-step procedure is used to establish a PUD district. First, a sketch plan of the proposed development is required for review by the planning commission. Once the planning commission has completed its review, its comments on the proposed development will be forwarded to the developer. It is intended that the planning commission's comments and suggestions be used in preparing the second required element, the plot plan and written report.

The plot plan and supporting report will require greater detail and in-depth attention in order to meet the established requirements; however, the flexibility offered to the developer by this zoning district must remain balanced with the need for city officials to make sound decisions based on reliable and specific information.

Any use proposed by the developer and recommended by the planning commission as being compatible with surrounding districts and the intent of the proposed PUD district may be permitted by the city council. Thereafter, the uses permitted in the district shall be restricted to those proposed, approved and adopted according to procedures set forth as follows.

Prior to the filing of a plot for a planned development, a sketch plan shall be submitted to the building inspector and planning commission. The sketch plan may be a freehand pencil sketch. When submitted, the sketch plan shall include the following information:

(1)

General information items:

(a)

Name of the proposed development and developers.

(b)

A north arrow.

(c)

The boundary lines of the proposed development.

(d)

The location, name and right-of-way width of any existing streets within or adjacent to the proposed development.

(2)

Proposed building sites and sizes, and the proposed layout of roads, parking areas, including proposed means of ingress and egress, and other features in relation to existing conditions.

(3)

Types of uses proposed for buildings and structures.

(4)

Proposed means of water and sewer disposal.

(5)

Identification of any anticipated drainage problems.

The planning commission shall have a maximum of 30 days to review the sketch plan evaluating the proposed PUD in accordance with the intent of this ordinance. Upon completion of its review, the planning commission shall forward any recommendations that have been adopted to [by] the developers for use in preparing the plot plan.

A suitable plot plan shall be submitted by the developers for review by the planning commission and approval by the city council. The plot plan, drawn to scale (one inch equals 100 feet or one inch equals 50 feet) by a registered civil engineer, registered land surveyor, or registered architect, shall show the exact dimensions of the parcel or parcels of land under consideration. The plan shall include the following element:

(1)

General information items:

(a)

Name of the development and developers.

(b)

Tract boundary lines, dimensions, bearings and angles.

(2)

Proposed building sites and sizes.

(3)

Types of uses proposed for buildings and structures.

(4)

All property dimensions.

(5)

Platting and street systems:

(a)

Proposed reservations for dedications for streets.

(b)

Means of ingress and egress.

(6)

Means of protecting or screening abutting properties.

(7)

If requested, two-foot vertical contour intervals.

Simultaneously with the submission of the plot plan, a written report shall also be submitted for review. This report shall explain the type, nature, intent and characteristics of the proposed development and shall include, where applicable:

(1)

A general description of the proposal.

(2)

A legal description of the site.

(3)

Proposed standards for development including:

(a)

Restrictions on the use of property.

(b)

Density, yard, and height requirements.

(c)

Restrictive covenants, if any.

(4)

Proposed dedication or reservation of land for public use, including streets, easements, parks and school sites.

(5)

Exceptions or variations from the requirements of the zoning ordinance if any are being requested.

(6)

Plans and time schedules for the provision of utilities, including water, sewer, and storm drainage facilities.

(7)

Descriptions of percentage of land within the development to be provided for various uses.

(8)

Plans for open space, courts, walks and common areas.

(9)

Plans for parking, loading, accessways, signs, and means of protecting adjacent areas from lighting and other potentially adverse effects.

(10)

A statement defining the manner in which the city council is to be assured that all improvements and protective devices, such as buffers, are to be installed and maintained.

(11)

Tabulations showing the number of dwelling units by type, if any, and other data that the planning commission and the city council may require.

Any request pertaining to the establishment of a PUD zoning district shall be considered an amendment to the zoning ordinance and shall be administered and processed in accordance with the regulations set forth in article XIV, with regards to application requirements, planning commission review, and public hearings. If approved by the city council, the plot plan and all information submitted in conjunction with the proposal shall be adopted as part of the planned unit development district amendment.

All further development shall conform to the standards adopted for the district, regardless of any changes in ownership. Any proposed changes in the development of the district shall be treated as additional amendments.

In any event where it is determined by the city council that development in the planned unit development district is not in accordance with the standards adopted for the district, the city council shall be empowered to amend the ordinance to place parts or all of the property in the planned unit development district in its prior zoning classification.

Before approval of [a] planned unit development district, the city council may require a contract with safeguards satisfactory to the city attorney guaranteeing completion of the development plan in a period to be specified by the city council, but which period shall not exceed five years unless extended by the city council for due cause shown. Such guarantee may include the submission of a performance bond in the amount as set by the city council. In any case, failure to begin substantial development (issuance of a building permit in the amount of at least $5,000.00) within two years of the effective date of approval shall automatically void the development plan and the parcel shall revert back to the zoning classification in effect immediately prior to approval. The violation of any provision of the plot plan and written report, as submitted and approved under the provisions provided herein, shall constitute a violation of this ordinance.