(1)   Intent: A planned unit development involves a parcel of land which is planned and developed as a unit under single ownership or control, containing one or more uses, buildings, and common open space or recreational facilities. The planned unit development process is not intended to skirt development rules, nor does it result in a detrimental impact on the surrounding community through its implementation. The administrative procedures for a planned unit development shall be the same as applied to special use permits.

   (2)   Purpose: It shall be the purpose of this section to encourage the efficient use of resources, promote greater efficiency in public and utility services, preservation of open space, efficient use of alternative transportation and encouraging innovation in the planning and building of all types of development. Such developments may be permitted without customary division into individual lots, or without specific conformance with the zoning district regulations as applicable to individual lots or traditional subdivisions subject to the regulations as provided in this chapter.

      A.   Required Objectives: The planned unit development process is intended to provide flexibility, latitude and relief from the provisions of the zoning ordinance only if the proposed development is consistent with two (2) or more of the following instances:

         1.   The development offers a maximum choice of living environments by allowing a variety of housing and building types.

         2.   The development promotes mixed-use projects which are functionally integrated within the development and provides services for the primary use.

         3.   The development provides a layout which preserves and properly utilizes natural topography and geologic features, trees, scenic vistas or other vegetation.

         4.   Where a land parcel is constrained or otherwise limited by some obstacle, feature, geometry, condition, or easement that interferes with applying standard development processes.

         5.   The development is an infill development, on less than five (5) acres, that contributes a compatible design to the existing neighborhood. (Ord. 3671, 4-21-2025)

   (1)   The planning and zoning commission and the city council shall consider approval of planned unit developments in accordance with the following standards:

      A.   Changes: Changes in the development standards and bulk regulations of the underlying zone may be approved as per subsection 10-13-05 of this section.

      B.   Uses: Uses shall be limited to those uses which are permitted or specially permitted within the base zoning district. No more than 70% of the development shall be devoted to a single type of land use.

      C.   Latitude: Following the spirit and purpose of this section, much greater latitude is permitted than in conventional and traditional regulations for development.

      D.   Discretionary Powers: In consideration of the latitude given, the planning and zoning commission and city council shall have discretionary powers in judging and approving or disapproving the imaginative or unique concepts, innovations, and designs which shall be incorporated into the plans presented, provided that the planned unit development shall conform to the general purposes and objectives of the comprehensive plan.

      E.   Residential Density: The number of dwelling units allowed in a planned unit development shall be calculated by multiplying the gross area and the dwelling units permitted in the underlying land use classification shown on the comprehensive plan map. A planned unit development shall be consistent with the density guidelines provided in the comprehensive plan and this chapter.

      F.   Residential Uses: Where a development is proposed to be exclusively residential, a variety of three (3) or more housing types or residential uses shall be included in a planned unit development regardless of the zoning classification of the district, provided that the overall density for the base zoning district is maintained. For the purposes of this section, single-family residential lots with an area difference of 200% or more shall qualify as separate housing types. No housing type shall provide fewer than 10% of the proposed dwelling units.

      G.   Commercial Uses: When planned unit developments include commercial uses, commercial buildings and establishments, the development shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections. A planned unit development shall follow section 10-02-09-6 (buffers between land uses) of this chapter. The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities as reasonably necessary for internal traffic circulation.

      H.   Future Development: All areas designed for future development or expansion or not intended for immediate improvement shall be landscaped or otherwise maintained in a neat and orderly manner.

      I.   Required Setbacks: Townhomes within a planned unit development are permitted to have a 0' side yard setback.

      J.   Clustering: Every clustered area developed under the planned unit development approach should be designed to abut upon common open space or recreational amenities. Clustering is desired in mixed unit developments.

      K.   Parking: Off-street parking shall be provided in accordance with the parking requirements as specified by 10-02-05 of this chapter.

      L.   Access: All lots developed as single-family residential lots shall front or shall have frontage along a public roadway or common driveway. All other lots developed for residential purposes shall front a public roadway or shall utilize common driveways as regulated by Section 11-03-02 or shall comply with Section 10-14-02.

      M.   Ownership: A planned unit development shall be under single ownership/control during the planning and developmental stage to ensure that the development can be accomplished in a unified manner. A PUD developer may sell a portion of an approved PUD if the purchaser submits a notarized letter to the planning and zoning director stating that he/she reviewed the order of decision, development agreement, phasing plan, and all other applicable materials and agrees to comply with all conditions of approval.

      N.   Planned Unit Development Size: Unless the site qualifies as an infill development, the overall site shall consist of a minimum gross area of ten (10) acres.

      O.   Phasing Plan: The applicant shall submit a phasing plan for all features and amenities in a planned unit development. The phasing plan shall be approved by the city council and may be amended by the planning and zoning director and city engineer. A staff level denial of a requested amendment may be appealed to the city council.

      P.   Classification Of Uses: More than one classification of uses and more than one use within these classifications shall be permitted on a lot or parcel within the same building or different buildings if the proposed individual uses are permitted uses. Any special uses will be heard as part of the planned unit development hearing process.

      Q.   Expiration:

         1.   The completion of the first phase of a planned unit development shall take place within three (3) years of the signature date on the order of decision approving the planned unit development or said approval shall become null and void.

         2.   For each phase after the first phase there shall be an allowed one-year time frame per phase for completion. Should any phase not be completed within its one-year time frame, approval on the uncompleted portion of the planned unit development shall become null and void.

         3.   Exceptions to the time frames may be granted at the time of original approval of the planned unit development, provided said exceptions are requested in the initial application. (Ord. 3671, 4-21-2025)

   (1)   Expiration:

      A.   The completion of the first phase of a planned unit development shall take place within three (3) years of the signature date on the order of decision approving the planned unit development or said approval shall become null and void.

      B.   For each phase after the first phase there shall be an allowed one year time frame per phase for completion. Should any phase not be completed within its one year time frame, approval on the uncompleted portion of the planned unit development shall become null and void.

      C.   Exceptions to the time frames may be granted at the time of original approval of the planned unit development, provided said exceptions are requested in the initial application.

   (2)   Renewals:

      A.   One planned unit development renewal of up to eighteen (18) months may be authorized by the director for all expired planned unit development approvals. No planned unit development renewal shall be granted if there are any outstanding City Code violations on the subject property. The director shall consider approval of said renewal in accordance with the criteria listed in this section and in conformance with the comprehensive plan.

      B.   No renewal shall be granted for any development that has been expired for a period of time exceeding twelve months (if no development has occurred), or for a period of time exceeding twenty-four (24) months (if development has occurred), regardless of when the original date of approval occurred for the planned unit development.

      C.   Time Extensions: Upon written request and filing by the applicant, prior to the termination of the period in accordance with subsection Q of this section, the director may authorize a single extension of time not to exceed one (1) two-year period. No further extensions shall be granted. (Ord. 3671, 4-21-2025)

   (1)   Any latitude, flexibility or relief provided through this land use application shall be compensated for by the addition of some new amenity, within or outside the development. Such an amenity should provide equal or greater value to the development as a whole. The determination of whether the compensation offered is equal to or greater than the relief provided is left to the planning and zoning commission and city council’s discretion.

      A.   Required Amenities: All planned unit developments shall have the following features:

         1.   Five-foot (5') wide asphalt paved pathways connecting the residential areas to all non-residential areas, open space common lots, recreational facilities, major pathways, and school bus pick-up locations.

         2.   Eight-foot (8') wide asphalt paved or concrete paved or porous surfaced (other than gravel) pathways are required in all planned unit developments with a five foot (5') wide landscape buffer on each side of pathways. Pathways meeting the standards listed above are required to provide connectivity to adjacent pathways, to comply with the city’s pathway master plan, and to provide for connectivity to adjacent properties. In general, pathways shall meander through the center of the PUD, be entirely located within a platted common lot that is dedicated as a public access easement and provide connectivity to adjacent parcels of land.

         3.   Usable open space (as defined in section 10-07-10 of this chapter) of at least fifteen percent (15%) of the gross area.

         4.   Street landscape buffers with undulating berms of a two to one (2:1) to three to one (3:1) ratio.

      B.   Additional Required Amenities: Four (4) or more of the following amenities shall be provided as part of each planned unit development.

      Baseball/softball field.

      Basketball court.

      Boat dock/river access.

      Buildings are constructed to LEEDS standards.

      Community center.

      Daycare center.

      Energy star certified housing.

      Fishing pond.

      Golf course/driving range.

      Gym/health club.

      Land provided for a public facility (school, fire station, police station, etc.).

      Playground/tot lot.

      Rear entry garages.

      Residential buildings constructed with fire sprinkler systems.

      Skateboard Park.

      Swimming pool.

      Tennis court.

      Other suitable amenities or public benefits deemed worthy by the city council. (Ord. 3671, 4-21-2025)

   (1)   Subdivisions and developments created through the planned unit development process shall provide a narrative and architectural renderings, open space and amenities exhibits, and landscaping exhibits, in addition to other application submittal requirements, that explain what amenities will be incorporated inside the development to compensate for deviations to the city’s development standards and how its construction will satisfy the community’s need for a wide range of housing and commercial businesses. (Ord. 3671, 4-21-2025)

   (1)   The developer may request to deviate from the height, lot line setback, and lot dimension schedule found in this chapter for the underlying zone, with the approval of the city council. Requests for deviations shall be listed in full as a part of the planned unit development application and narrative.

   (2)   Modifications to other zoning and subdivision standards may be considered in exchange for additional amenities above and beyond what is required in this section and will be considered by the planning and zoning commission and city council on a case-by-case basis, except for the following:

      A.   Modifications shall not be approved for increasing the amount of nonpermitted used above the maximum of 30% as specified in 10-13-02 (1)B1 of this Article.

      B.   Modifications shall not be approved to increase the maximum density allowances for the underlying zone, except as specified in 10-13-06 of this Article. (Ord. 3671, 4-21-2025)

   (1)   For the purpose of this article, development utilizing the infill objective as one of their qualifying objectives shall comply with the following:

      A.   The applicant shall submit documentation that the site qualifies as an infill site with the planned unit development application. Verification of infill may be in the form of recent aerial photographs. In addition, the applicant shall provide documentation regarding the following services: water, sewer, fire coverage, public schools, and irrigation.

      B.   The applicant shall demonstrate the proposed building design is compatible with the existing neighborhood and adjoining properties by taking into account building type, height, bulk, and site location.

      C.   Upon the request of the applicant, the City Council may waive all or part of the amenity requirements listed in subsection (4) of this section for infill development.

      D.   Upon the request of the applicant, the City Council may approve a density increase for infill development, for up to 150% of the maximum base density allowed within the underlying zone, if the Council determines it is in the best interest of the community and is compatible with the surrounding neighborhood. The increase, if approved, shall not be in addition to any bonus density increases given in accordance with Section 10-03-18 of this chapter. (Ord. 3671, 4-21-2025)