This district is designed to provide areas of sufficient size and allowing reasonable flexibility in design and orientation for the establishment of a structure or group of structures which include multiple dwellings designed in a planned unit development of more than one building on a given site. The requirements of area, height, bulk, and placement regulations, as they are usually applicable to individual buildings and individual lots of record would in certain cases of large scale development have results affording less protection to the public health, safety and welfare than if a measure of flexibility were permitted. The permitting of these planned unit developments as special and particular land uses can, in certain cases, increase the desirability and convenience to the residents or occupants of the planned unit development without causing adverse effects on adjoining properties. This type of development will permit a creative approach to residential development. A planned unit development will provide for an efficient use of land potentially resulting in more economical networks of streets and utilities thereby lowering housing and other land development costs as well as enhancing the appearance of neighborhoods through the preservation of natural features and the provision of recreation areas and open space.

In creating this zoning district the city intends to encourage home ownership; increase the variety of dwelling types in the housing market; and allow for innovative uses of real property which may not be suitable for development for other kinds of residential uses.

**Refers to minimum lot size versus dwelling units per acre.

(1)

Ownership. There shall be unified control of the entire site. Prior to final approval of the development plan, evidence of unified control of the entire site shall be submitted to the planning commission. In addition, an agreement shall be submitted to the planning commission by all owners of the planned unit development, which includes their commitment to:

(a)

Proceed with the proposed development in accordance with the planned unit development plans as submitted, and such conditions and safeguards as may be set by the city council granting the rezoning; and,

(b)

Provide agreements and deed restrictions acceptable to the city council for completion of such development according to plans approved and for the maintenance of such areas, functions, and facilities as are not to be provided, operated or maintained by the city, pursuant to written agreement; and,

(c)

To notify and bind their successors in title to any commitments made in their petitions of PUD approval.

(d)

All plans approved shall be reviewed as a form of commitment to execute the development precisely and only as submitted to and ultimately accepted and approved by the city council. No variations, changes, departures or exceptions to the approved plans shall be permitted except through the formal amendment process.

(e)

After rezoning for a PUD in this district has been given formal approval no use shall be made of a PUD site except that which had been approved as a result of the application or the continuation of uses that existed at the time of the application.

(f)

All new roads in this district shall be curb and gutter as specified in the Subdivision Regulations and shall directly connect to existing paved public roads.

Open space, as defined in section 1.08 of this ordinance, shall be required. In addition:

(1)

The common open space shall be situated such that it will best serve residents and be totally integrated within the various uses of the development.

(2)

The development schedule must coordinate the improvement of the common open spaces, the construction of the buildings, structures and improvements in the common open space, and the construction of residential dwellings in the development.

(3)

The pedestrian circulation system and its related walkways shall be separated as completely as possible from the street or vehicular circulation system. All walks shall be of permanent nature and material and shall be constructed in accordance with the land development regulations.

Private vehicular access drives not maintained by the city throughout the development shall meet all city street requirements.

All parking and loading in developments in this district shall meet all off-street parking and loading requirements of this ordinance and be constructed in accordance with the subdivision regulations.

(1)

A petition for rezoning land in this district shall be submitted to the city planning office the same as with any zoning request.

(2)

A written statement to accompany the zoning application must contain the following:

(a)

An explanation of the character of the development.

(b)

A statement of present ownership of all land included within the development.

(c)

A general indication of the expected schedule of development.

(3)

Preliminary development plan. Following the official rezoning of the proposed property, the applicant shall submit a preliminary development site plan. The preliminary development plan shall include all of the following information:

(a)

A preliminary site plan at a scale not less than 1" = 200', depicting all existing masses of trees and other natural features including the topography of the land. A preliminary solution of all storm drainage needs shall be included.

(b)

The location and grouping of all uses and the amount of area for each, plus preliminary utility service plans.

(c)

The tentative location of each residential density district, the number of residential units proposed for each density district, their general location, proposed lot designs and district lines. Tentative floor plans and exterior elevations, which need not be the result of final architectural decisions but which shall adequately describe the development, shall also be included.

(d)

A preliminary vehicular and pedestrian circulation system including driveways, walkways, loading areas, parking areas including the number of parking spaces, and streets to be dedicated.

(e)

A system of open space and recreational uses in residential projects with estimates of acreage to be dedicated for public use and that to be retained in common ownership.

(f)

A draft of the declaration by which the use, maintenance and continued protection of the development and any of its common open space areas shall be submitted.

(g)

A development schedule indicating the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin, the anticipated rate of development, the approximate dates when the stages in the development will be completed and the area and location of common space that will be provided at each stage.

(4)

The planning commission shall review and approve the preliminary development plan. In reviewing a development site plan in this district, the planning commission shall consider the following criteria, to the extent relevant in each case, in evaluating the merits and purpose of a multi-family development. Individual lots, buildings, streets and parking areas should be designed and situated to:

(a)

Minimize alteration of the natural features and topography.

(b)

Minimize the adverse effects of noise and traffic on off-site residents.

(c)

Allow for proper and adequate access for fire fighting purposes and access to service areas to provide garbage and waste collection and for other emergency and accessory services.

(d)

Achieve a compatible relationship between development and the land as well as with adjacent developments and land.

(e)

The proposed development should not adversely affect the orderly development of the city.

(f)

The proposed development shall accomplish the objectives and shall meet the standards and performance criteria as outlined in this article.

(5)

Final development plan. Following the approval of the preliminary development plan, the applicant shall, within six months, submit to the planning commission a final development plan containing in final form the information required in the preliminary development plan. The planning commission shall review and approve the final development plan to see that it is in compliance with the preliminary development plan. The planning commission may approve changes in the final development plan which comply with the following criteria:

(a)

The revised plan contains the same or a fewer number of dwelling units or structures and/or floor area, or

(b)

The open space is in the same general location and in the same general amount, or a greater amount, or

(c)

The buildings have the same or less number of stories and/or floor area, or

(d)

The roads and drives follow approximately the same course.

(6)

Final approval. No building permits shall be issued until the approval process is complete and all necessary plans, drawings, specifications and other required data have been submitted and approved. No construction may commence until the entire approval process is completed and appropriate permits issued.