(a)

Intent. The intent of this chapter is to permit greater flexibility in the design of an area than is possible within the conventional zoning regulations. The use of this district promotes more economical and efficient use of the land while providing a harmonious variety of housing types, a higher level of urban amenities and the preservation of natural scenic qualities of open spaces.

(b)

Conflict with other sections. Whenever there is a conflict or difference between the provisions of this chapter and those of other sections of the zoning code, the provisions of this chapter shall prevail.

(c)

Permitted uses. Residential and commercial uses only shall be permitted in this district provided that all pertinent requirements are met or exceeded.

(Ord. 1985-40, passed 8-6-85)

(a)

Minimum protect area. The minimum size for a PUD district shall be eight contiguous acres.

(b)

Relation to streets. The PUD district shall be located and designed to conform with existing traffic patterns and limitations on the surrounding public streets.

(c)

Utilities. The PUD district shall be served adequately by public facilities and services or the persons responsible for the proposed PUD shall be able to provide adequate services.

(d)

Common open space. There shall be a minimum area equal to 20 percent of the PUD district reserved for use as common open space. This common open space may consist of pedestrian walkways, drainageways, swimming pools and ponds, parklands, open areas for play, scenic areas, clubhouses, tennis courts or other designated play areas, and other open areas exclusive of off-street parking areas and streets or alleys. The ownership of this common open space shall be transferred to a legally established homeowners' association. Council may require the open space or specified portions of it, to become part of the park system of the city.

(e)

Minimum lot and building requirements for residential development. Lot, setback, and building requirements of the R-2 mixed residential district shall apply to the one-, two-, and three-family, to the industrialized units and to the townhouse/rowhouse type residential development within the PUD district. Lot, setback and building requirements of the R-3 multiple-family residential district shall apply to all other multiple-family type residential developments. However, to permit the efficient design of common open space areas:

(1)

The lot area and lot coverage per dwelling unit may be reduced by not more than 40 percent.

(2)

Lot widths may be varied.

(3)

Building setback lines may be varied.

(4)

Each foot of building height over the maximum height regulations shall cause the required distance between the building and the side and rear property line of the PUD district to be increased by one foot.

(5)

All areas designed for further expansion or not intended for immediate improvement shall be landscaped or maintained in a neat and orderly manner as specified by the planning commission.

(f)

The entire area proposed for the PUD district must be owned, leased or controlled by a single individual, partnership or corporation.

(Ord. 1985-40, passed 8-6-85; Ord. 1987-36, passed 9-1-87)

Commercial uses and buildings may be included within the proposed PUD. The permitted uses and lot, building and setback requirements found in the C-2 general commercial district shall apply to the commercial uses and buildings in the PUD district. In addition, the following design standards shall apply:

(a)

The commercial uses and structures shall be clustered to provide common parking and ingress and egress points to reduce the number of intersections.

(b)

Any combination of screens and landscaping shall be provided on the perimeter of the commercial areas abutting on any residential areas.

(c)

The commercial areas shall be provided with adequate and properly arranged facilities for internal traffic circulation, landscaping and other such features and facilities necessary to make the project attractive and efficient for the residential development. The design of the structures shall be harmonious with the design of the residential areas within the PUD.

(d)

All areas designed for further expansion or not intended for immediate improvement shall be landscaped or maintained in a neat and orderly manner as specified by the planning commission.

(e)

Variations from the lot, setback and building requirements may be permitted when necessary to allow for a more efficient design of the proposed PUD. However, each foot of building height over the maximum height regulations shall cause the required distance between the building and the side and rear property line of the PUD district to be increased by one foot.

(Ord. 1985-40, passed 8-6-85)

(a)

The PUD approval process, as a combined zoning amendment and subdivision approval, consists of the following steps:

(1)

Submission of completed application, materials and fees to the office of the city manager.

(2)

Approval of the PUD concept plan by the planning commission;

A.

The approval of the concept plan constitutes the preliminary plat approval.

(3)

Approval of the PUD site development plan by the planning commission;

A.

The approval of the site development plan constitutes a recommendation to the council of approval of the proposed zoning amendment.

(4)

Approval of the site development plan by council;

A.

Approval of the site development plan is also the final plat approval;

B.

Approval also creates the PUD district.

(5)

Issuance of the zoning certificates by the city manager in accordance with the approved site development plan.

(b)

Applications for PUD approval may be obtained from the office of the city manager and when completed three copies of the application and the PUD concept plan shall be returned to that office. The application shall consist of the application form, the required fees, material required for an application for a zoning amendment (found in section 1131.01), the material required for preliminary plat approval (found in chapter 1105), and in addition the following material which shall constitute the PUD concept plan.

(1)

Location of different general land use areas proposed to be developed;

(2)

Proposed density levels of each residential area (excluding common open spaces);

(3)

Proposed treatment of existing topography, drainageways and tree cover;

(4)

Time schedule of projected development, if the total landholding is to be developed in stages, or if construction is to extend beyond a two-year period; and

(5)

Any other materials or information requested by the planning commission.

(c)

The planning commission, in order to approve the concept plan, must determine that:

(1)

The relaxation of the conventional zoning standards is warranted by the design and other amenities incorporated into the proposal and are consistent with intent and purpose of this chapter to promote the public health, safety, and general welfare of the residents of the city but could not be accomplished using the conventional zoning standards; and

(2)

The provisions of sections 1161.01—1161.04, where appropriate, have been met.

(3)

Approval of the PUD concept plan shall also be considered as the preliminary plat approval.

(d)

The approval of the PUD concept plan and the preliminary plat shall remain in effect for a period of two years from the date of approval. They shall become null and void unless the PUD site development plan for the first section of the planned unit landholding has been formally approved by the planning commission within that two-year period.

(e)

Once the PUD concept plan has been approved by the planning commission, the owner/developer shall submit three copies of the PUD site development plan to the planning commission for their approval, approval with modification, or denial. The PUD site development plan shall bear the signature of a professional engineer and shall be in accordance with the approved concept plan. The site development plan shall contain the materials required for final plat approval including the detailed construction drawings (as found in chapter 1105) and:

(1)

A survey of the tract to be developed showing existing physical features such as general topography, drainageways, tree cover, street, easements and utility lines; and

(2)

Preliminary building plans, including floor plans and exterior elevations.

(f)

The planning commission shall adhere to the procedures found in sections 1131.01(d), (e), and (f) in preparing the recommendation concerning the PUD site development plan. The process begins with the application and concept plan and is completed with the recommendation to council concerning the site development plan.

(g)

Prior to approval of the site development plan, the planning commission must determine that:

(1)

The proposed PUD site development plan is in compliance with the approved PUD concept plan;

(2)

That any part of the PUD district not used for structures, parking and loading areas, or streets, including those areas that are proposed for future development, shall be landscaped or otherwise improved.

(3)

That all requirements of sections 1161.01—1161.04 are met.

(h)

The planning commission shall submit its recommendation to council within three days after its approval of the PUD site development plan. Council shall approve, approve with modifications, or deny the site development plan within 60 days of receipt.

(1)

Council approval of the site development plan shall be considered as the final plat approval.

(2)

Council approval of the site development plan shall also be considered as approval of the PUD zoning amendment.

(i)

Council shall adhere to the procedures found in sections 1131.01(g), (h) and (i) and to section 1131.02.

(j)

Prior to granting approval of the site development plan, council shall be satisfied that the following conditions are met:

(1)

That the PUD district is in conformance with the comprehensive plan for the city;

(2)

That each individual unit of the development, as well as the total development can exist as an independent unit and that the uses proposed will have a beneficial effect which could not be achieved with conventional zoning.

(3)

That the internal streets and major and minor streets that are proposed shall properly interconnect with the surrounding existing major and minor streets as designated as on the official thoroughfare plan of the city.

(4)

That the minimum common open space area has been designated and shall be duly transferred to a legally established homeowners' association or at the request of council has been dedicated to, and accepted by the city.

(5)

That the PUD site development plan is consistent with the intent and purpose of the zoning code, to promote public health, safety and general welfare of the residents of the city.

(k)

In taking action, council may deny the PUD site development plan or may recommend approval of the plan subject to specified conditions. Approval of the PUD site development plan shall constitute the creation of a separate PUD planned unit development zoning district.

(l)

At the time of adopting any ordinance establishing a PUD district and approving the site development plan, council shall make appropriate arrangements with the owner/developer which will ensure the accomplishment of the public improvements and reservation of common open space as shown on the approved PUD site development plan.

(m)

Zoning certificates shall be issued by the city manager and shall be required for each individual structure. Zoning certificates shall be issued only in compliance with the approved PUD site development plan.

(n)

If no construction has begun within two years after approval of the site development plan, it becomes null and void.

(Ord. 1985-40, passed 8-6-85)

(a)

Minor changes in the location, siting or character of the buildings and structures may be authorized by the city manager. No change authorized by the city manager under this section may alter the size of any building or structure by more than ten percent, nor change the location of any building or structure by more than ten feet in any direction provided that all other maximum or minimum requirements are met. All changes authorized by the city manager must be reported to the planning commission at the meeting immediately following such authorization.

(b)

All other changes in the approved site development plan must obtain planning commission and council approval. The process shall begin with step 2 outlined in section 1167.04(a). If the planning commission determines that the amended site development plan still complies with the approved concept plan, the process shall proceed from step 3 of 1161.04(a).

(Ord. 1985-40, passed 8-6-85)

(a)

All future subdivisions of a completed PUD shall be first reviewed and approved by the planning commission to assure that each subdivided area of the development includes the parking, open space and other similar necessary requirements.

(b)

Subdivision approval shall comply with chapter 1105.

(Ord. 1985-40, passed 8-6-85)