The purposes of this Chapter are:

   A.   To encourage a more creative and efficient development of land and its improvements than is possible under the more restrictive application of zoning requirements such as lot sizes and building setbacks, while at the same time meeting the standards and purposes of the Comprehensive Plan and preserving the health, safety, and welfare of the citizens of the City.

   B.   To allow for a mixture of residential units in an integrated and well-planned area.

   C.   To ensure concentration of open space into more usable areas, and the preservation of the natural resources of the site including wetlands, woodlands, steep slopes and scenic areas.

   D.   To allow more flexibility and imaginative design in redevelopment projects. (1998 Code)

Residential dwelling units in a clustered, semi-detached, attached, or multi-storied structures. (1998 Code)

The maximum density of development of a PUD shall not exceed that of the zoning district in which it is located. (1998 Code)

A conditional use permit shall be required of all planned unit developments. Unless a variance is otherwise approved, the City may approve the planned unit development only if it finds that the development satisfies all the following standards in addition to meeting the requirements of Section 11-3-7 of this Title, except for the time limit:

   A.   The planned unit development is consistent with the Comprehensive Plan of the City.

   B.   The planned unit development is an effective and unified treatment of the development possibilities in the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas.

   C.   The planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site.

   D.   Financing is available to the applicant on conditions and in an amount which is sufficient to assure completion of the planned unit development.

   E.   A minimum of ten (10) or more dwelling units are proposed.

   F.   The tract under consideration is under single control.

   G.   The tract is at least five (5) acres in size for undeveloped areas and two (2) acres for redevelopment of existing, developed areas of the City. (1998 Code)

   A.   It is the intent of this Title that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned unit development under this Chapter of the Zoning Ordinance.

   B.   The plans required under this Chapter must be submitted in a form which will satisfy the requirements of the subdivision regulations for the preliminary and final plans required under these regulations. (1998 Code)

Prior to the submission of any plan to the Planning Commission, the applicant shall meet with the Zoning Administrator, and if necessary, with the Planning Commission to discuss the contemplated project relative to community development objectives for the area in question and to learn the procedural steps for a conditional use permit and a preliminary plat. The applicant may submit a simple sketch plan at this stage for informal review and discussion. The applicant is urged to avail himself or herself of the advice and assistance of the planning staff to facilitate the review of the outline plan and preliminary draft. (1998 Code)

   A.   Application For Conditional Use Permit: An applicant shall make an application for a conditional use permit following the procedural steps as set forth in this Title.

   B.   Criteria For Approval: In addition to the criteria and standards for the granting of conditional use permits, the following additional findings shall be made before approval of the preliminary development plan:

      1.   The proposed PUD is in conformance with the Comprehensive Plan.

      2.   The uses proposed will not have an undue and adverse impact on the reasonable enjoyment of neighboring property, and will not be detrimental to potential surrounding uses.

      3.   Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated.

      4.   The PUD will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which are proposed to serve the district.

      5.   The proposed total development is designed in such a manner as to form a desirable and unified environment within its own boundaries.

   C.   Preliminary Development Plan Submission:

      1.   Submission; Number Of Copies: Following the pre-application meeting, the developer shall submit six (6) copies of the preliminary development plan to the Zoning Administrator at least ten (10) days prior to the Planning Commission meeting at which such plan is to be considered.

      2.   Distribution Of Copies: The Zoning Administrator shall submit one copy of the preliminary development plan to each Planning Commission member, the City Attorney, City Engineer and any other appropriate City officials.

      3.   Review; Costs: The City Attorney, City Engineer and Zoning Administrator and other appropriate City officials shall review the preliminary development plan and shall transmit a report of their findings and recommendations together with any supporting material to the Planning Commission prior to the meeting at which it is to be considered. The developer shall be required to pay the cost of such services and the City Council shall establish a fee from time to time to cover such costs.

      4.   Technical And Staff Services: The Planning Commission may require qualified technical and staff services such as economic and legal to review the preliminary development plan and advise on its suitability regarding general planning; conformity with plans of other private and public organizations and agencies; adequacy of proposed water supply, sewage disposal, drainage and flood control, special assessment procedures and other features. The subdivider shall also be required to pay the cost of such services.

      5.   Public Hearing: Within forty five (45) days after the plan has been filed and after reports and certifications have been received as requested, the Planning Commission shall hold a public hearing on the preliminary plan after notice of the time and place thereof has been published once in the official newspaper at least ten (10) days before the date of the hearing. Within thirty (30) days of the conclusion of the public hearing, the Planning Commission shall make its report to the City Council.

      6.   Planning Commission Report: The Planning Commission may forward to the City Council a favorable, conditional or unfavorable report which shall contain a statement of findings and recommendations.

      7.   City Council Action: The City Council shall act to approve or disapprove. The preliminary development plan application must be approved or disapproved by the City Council within thirty (30) days following the delivery of an application completed in compliance with these regulations by the applicant, unless an extension of the review period has been agreed to by the applicant. If the City fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed approved, and upon demand, the City shall execute a certificate to that effect. If the City Council disapproves the preliminary development plan, the grounds for any such disapproval shall be set forth in the minutes of the City Council meeting and reported to the owners and subdividers.

   D.   Preliminary Development Plan Documentation: The following exhibits shall be submitted to the Zoning Administrator by the proposed developer as part of the application for a conditional use permit:

      1.   Character And Need Of Development: An explanation of the character and need for the planned development and the manner in which it has been planned to take advantage of the planned development regulations.

      2.   Statement Of Financing: A statement of proposed financing of the PUD.

      3.   Statement Of Ownership: A statement of the present ownership of all the land included within the planned development and a list of property owners within three hundred fifty feet (350') of the outer boundaries of the property.

      4.   Schedule Of Development: A general indication of the expected schedule of development including sequential phasing and time schedules.

      5.   Map: A map giving the legal description of the property including approximate total acreage and also indicating existing property lines and dimensions, ownership of all parcels, platting, easement, street rights of way, utilities, and buildings for the property, and for the area three hundred fifty feet (350') beyond.

      6.   Natural Features Map: Natural features map or maps of the property and area three hundred fifty feet (350') beyond the PUD showing contour lines at no more than two foot (2') intervals, drainage patterns, wetlands, vegetation, soil and subsoil condition.

      7.   Proposed Land Use Map: A map indicating proposed land uses including housing units and types, vehicular and pedestrian circulation, and open space uses.

      8.   Governmental Services: A full description of how all necessary governmental services will be provided to the development including sanitary sewers, storm sewers, water system, streets and other public utilities. (1998 Code)

   A.   Filing Of Plan: Within sixty (60) days of City Council approval of the preliminary development plan and the preliminary plat, the applicant shall file a final development plan and final plat for all or that portion to be platted with the Zoning Administrator. The final development plan shall contain those changes as recommended by the Planning Commission and approved by the City Council during the preliminary review process.

   B.   Submission To Planning Commission: The Zoning Administrator shall submit the final development plan to the Planning Commission for review.

   C.   Recommendation To City Council: The Planning Commission shall review the final development plan and make its recommendation to the City Council within sixty (60) days of receiving the final development plan.

   D.   City Council Review: The City Council shall review the final development plan and act within thirty (30) days of receiving the recommendation of the Planning Commission.

   E.   Issuance Of Conditional Use Permit: If the final development plan is approved by the City Council, the Zoning Administrator shall issue a conditional use permit to the applicant.

   F.   Issuance Of Building Permit: Once the final development plan has been approved, the City may issue the building permit for the area complying with the plan and other laws of the City without further hearings or review of the plan by the City Council. (1998 Code)

Prior to the issuance of a special use permit, the developer and the City shall enter into a development agreement that contains, as applicable, provisions for: construction schedule, landscape plan, development plan, open space plan, any Municipal improvements required, any developer's improvements required, signs, on-site improvements, occupancy requirements, insurance, inspections, any dedications to the public, ownership of improvements, site cleanup, responsibility for costs, hold harmless provision for the benefit of the City, any screening, and any other provision required by the City Council. (1998 Code)

   A.   Method Of Conveyance: All land shown on the final development plan as common open space must be conveyed under one of the following methods at the option of the City:

      1.   Public Agency: It may be conveyed to a public agency which will agree to maintain the common open space and any building, structures, or improvements which have been placed on it.

      2.   Trustees: It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the trustees subject to the covenants to be approved by the City Council which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.

   B.   Maintenance By Homeowners Association: If the common open space is conveyed to a homeowners association, and the common open space is not maintained properly to standards established by the City, the City shall have the authority to maintain the property and assess the costs back to the homeowners association. (1998 Code)

No open space may be accepted as common open space under the provisions of this Title unless it meets the following:

   A.   Suitability: The location, size and character of the common open space must be suitable for the planned development.

   B.   Uses: Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the character of the planned development, considering the size, density, expected population, topography, and the number and type of dwellings to be provided.

   C.   Improvements: Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space having regard to its topography and unimproved condition. (1998 Code)

   A.   Annual Review: The Zoning Administrator and Planning Commission shall review all PUDs under construction within the City at least once each year and shall make a report to the City Council on the status of the development. If the City Council determines that the development has not occurred within a reasonable time after the original approval of the conditional use for the PUD, the City Planning Commission may recommend that the City revoke the conditional use permit.

   B.   Revisions:

      1.   Minor Changes: Minor changes in the location, placement and heights of buildings, structures or landscaping may be authorized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved.

      2.   Approval Required: Approval of the Planning Commission and City Council shall be required for other changes such as rearrangement of lots, blocks and building tracts. These changes shall be consistent with the purpose and intent of the approved final development plan.

   C.   Amendments: Any amendment to the PUD shall require the same procedure for the application of a conditional use permit. (1998 Code)