The purpose and intent of planned unit development is to:

   A.   Provide a viable alternative to the conventional approach to zoning to produce a more creative and innovative development than would otherwise be possible by a strict adherence to standard zoning regulations.

   B.   Allow for the design of developments that are architecturally and environmentally innovative, and that achieve better utilization of land than is possible through a strict application of standard zoning controls.

   C.   Encourage land development that conserves the natural environment.

   D.   Provide for a diversified mix of different land uses in a compatible fashion.

   E.   Allow greater flexibility in achieving desired residential densities, placement of buildings, arrangement of open space, vehicular and pedestrian circulation, off street parking facilities and other design features.

   F.   Provide greater choices in living environments.

   G.   Ensure development is compatible and congruous with adjacent developments.

   H.   Promote efficient use of land and infrastructure.

   I.   Provide consistency with the comprehensive land use plan.

   J.   Contribute to the general prosperity, health, safety and welfare of the community, and provide a form of development that is compatible with the goals and objectives of the community. (Ord. 1069, 1-13-2003)

   A.   Only sites meeting the following requirements are eligible for development as a planned unit development (PUD) in accordance with the provisions of this chapter:

      1.   As a general development guideline, the overall site shall consist of a minimum gross area of ten (10) contiguous acres.

      2.   The entire property proposed for development as a PUD shall be under common ownership or unified control to ensure unified and orderly development.

      3.   As a general development guideline, the proposed PUD shall consist of no less than ten (10) residential dwelling units. (Ord. 1069, 1-13-2003)

   A.   A planned unit development (PUD) may be established in any residential zone.

   B.   A PUD may include any residential use or combination of residential uses permitted in any of the residential zones except B-1, B-2, and T districts.

   C.   A maximum of ten percent (10%) of the land area in a PUD may be developed and used for commercial purposes provided that such commercial uses are designed and located to serve primarily the residents of the proposed PUD. No land shall be developed for commercial use until at least a minimum of fifty percent (50%) of all proposed residential units are constructed and occupied.

   D.   An application for a PUD and an application for subdivision approval should proceed and be considered at the same time. However, such dual submissions, while not mandatory, are strongly recommended. Should a developer elect initially to submit an application for subdivision approval only, and at a later date submit a PUD application, the developer may be faced with retrofit requirements which may have been avoided had the dual submission of applications been followed.

   E.   If a property is not already subdivided, with an approved plat in place, the applicant shall follow the regulations set out in the city's subdivision ordinance.

   F.   The city council may require the provision of easements necessary for the orderly extension of public utilities to serve future adjacent developments.

   G.   City council is not obligated to approve any level of intensity of development proposed in the PUD. On the recommendation of the planning and zoning commission, or on its own volition, city council may impose any conditions it deems necessary or appropriate to assure the proposed PUD will be compatible with surrounding existing or proposed uses. In addition, city council on its own or on recommendation of the planning and zoning commission may impose any conditions it deems necessary or appropriate to ensure the compatibility of the proposed development as well as the health, safety, and welfare of the community.

   H.   City council, on its own, or on recommendation of the planning and zoning commission, may change, alter, modify, vary, or waive any residential district provision of this title, as it sees fit, to apply to a PUD. No such change, alteration, modification, variance or waiver shall be approved unless the council finds that such change, alteration, modification, variance or waiver shall:

      1.   Achieve the purposes set out in section 12-6-1 of this chapter; and

      2.   Promote greater consistency with the objectives and policies of the comprehensive land use plan.

Any such changes shall not be viewed as precedent setting, nor do they commit the city council to apply similar changes to future PUD applications, except as the council may deem appropriate, at its sole discretion. Each PUD application is considered unique. (Ord. 1069, 1-13-2003)

   A.   No yards or setbacks or minimum lot areas are required in a planned unit development (PUD) except as provided in subsection B of this section.

   B.   The city may require a buffer strip to be provided along the outer perimeter of the PUD. Such buffer shall be left in a natural state, or it may be landscaped in a formal manner. The buffer shall be of adequate width to maintain compatibility with adjacent existing areas whose setbacks were based on the standards of the underlying zone. Purchasers of lands that contain the buffer area shall have a provision in their warranty deed, or a provision in the restrictive covenants, requiring the retention and maintenance of such buffer area, by either the homeowner or the homeowners' association.

   C.   The intensity of residential development in a PUD shall be established, initially, by applying the density permitted by the residential zone category in which the PUD is to be established. These permitted densities, generally, are as follows:

 

The permitted density in the underlying zone/district shall act as a guide. As a general guideline, however, the planned unit development may exceed these basic densities by as much as thirty percent (30%) in the A districts, and by as much as twenty percent (20%) in the B and B-3 districts.

Increases in density may be allowed only if the applicant can demonstrate the following:

      1.   The increased density will result in a more creative or compact design that will produce a more interesting development, or will protect some significant features of the natural environment.

      2.   The increased density will result in additional common open space for passive or active recreation in addition to the basic five percent (5%) required in subsection E of this section.

      3.   The increased density will not place a burden on the capacity of roads, water, sewage and drainage facilities.

      4.   The increased density will not negatively impact adjacent developed or developing areas.

   D.   Building heights shall be controlled by the height limits set out in the underlying zone district.

   E.   A PUD shall provide a minimum of five percent (5%) of the total land area in common open space for active and passive recreation.

   F.   Buildings and streets shall be designed and located to take advantage of and complement the natural terrain.

   G.   A PUD shall be served by the city water system.

   H.   A PUD shall be served by the city wastewater treatment system.

   I.   Individual wells and individual sewerage systems are prohibited in a PUD.

   J.   Storm water shall be retained on site.

   K.   Adequate off street parking shall be provided for each dwelling unit in quantity and in locations that do not promote the parking of vehicles in a manner that blocks any part of a traveled road, street or a pedestrian walkway.

   L.   Sightlines at road or street intersections shall be maintained for the safety of both vehicular and pedestrian movement. No buildings or other structures or vegetation shall be located so as to block sightlines at such intersections.

   M.   Every dwelling unit shall have access to a public or private street, via laneways, pedestrian walkways, or other access related easements.

   N.   The city council or the planning and zoning commission may require a traffic impact study from the PUD applicant if in its opinion the increased density requested is such that street capacities may be negatively affected by increased traffic or that the safety and enjoyment of the living environment may be negatively impacted.

   O.   Street lighting may be required by the city council on recommendation of the planning and zoning commission.

   P.   The planning and zoning commission may recommend, and the city council may impose, any other development standard it deems necessary or desirable. (Ord. 1069, 1-13-2003)

The planning and zoning commission shall, after a public hearing, set out for the city council the reasons for the recommendations, and said recommendation shall set forth with particularity the respects in which the proposed planned unit development would be in the public interest, including, but not limited to, findings of fact of the following matters:

   A.   In what respects the proposed PUD is consistent with the stated purposes and intents set out in section 12-6-1 of this chapter.

   B.   The extent to which the proposed PUD meets the development standards set out in section 12-6-4 of this chapter.

   C.   The extent to which the proposed PUD is consistent with the goals and objectives of the comprehensive land use plan.

   D.   The extent to which the PUD will produce a development of higher quality than would otherwise be possible by a strict application of specific zone district regulations.

   E.   The extent to which the PUD produces an innovative arrangement of buildings, residential uses, and open spaces to provide efficient, attractive, flexible, creative design.

   F.   The extent to which the PUD will result in a development that will function as a cohesive, unified development.

   G.   The extent to which the PUD is compatible with adjacent existing developments or proposed developments. (Ord. 1069, 1-13-2003)

An applicant requesting consideration of a planned unit development shall submit the following information to the city:

   A.   A completed letter of application accompanied by the required fees as set by city council from time to time.

   B.   An accurate legal description of the lands to be developed as a planned unit development (PUD).

   C.   A site plan drawn to scale showing the following:

      1.   Boundaries and dimensions of the property.

      2.   Lot and block layout.

      3.   Building locations and building footprints for any proposed single-family housing, duplexes, townhousing, apartments, patio homes, garden apartments and any cluster development involving any of these housing types. Where there is some repetition in design layout, typical layouts may be illustrated.

      4.   The location of any proposed commercial buildings and their layout including parking and landscaping.

      5.   Building elevations if required by city staff or the planning and zoning commission.

      6.   Location and layout of streets, pedestrian paths or trails.

      7.   Proposed setbacks or building envelopes.

      8.   Off street parking arrangements as required.

      9.   Treatment of street intersections and sightlines.

      10.   Location of proposed common open space, including the location of buildings, recreational equipment, activity areas, and passive areas.

      11.   Any proposed phasing of the PUD.

      12.   Any other information deemed pertinent by the city staff or the planning and zoning commission.

The above information may be shown on more than one drawing if that is more convenient and appropriate.

A minimum of five (5) sets of the plans required by this subsection and subsections D, E, F and G of this section shall be submitted by the applicant. Two (2) sets shall be on eighteen inch by twenty four inch (18" x 24") or twenty four inch by thirty six inch (24" x 36") standard sheets. The remaining three (3) sets may be photographic reductions provided that such reductions are readable.

   D.   Topographic plan showing existing contours overlying the proposed lot and block development pattern. This information may be integrated with the site plan drawings. As a general guideline, the contour interval used on topographic plans shall be one foot (1').

   E.   Preliminary servicing drawings showing the location and size of water lines, sanitary sewers, and water hydrants.

   F.   Grading and drainage plans.

   G.   Street improvement plans showing right of way and pavement widths and street grades.

   H.   A written narrative that describes the nature of the project, its special design features, proposed housing types, and scale of development (densities proposed, height, building coverage), special design considerations because of topographic features or specific environmental conditions. The narrative shall address those matters set out in section 12-6-5, "Findings Of Fact", of this chapter. The narrative should include the applicant's description of the benefits of this development to the city, and it should also address issues of compatibility of the proposed development with adjacent existing or proposed development.

   I.   A table listing the acreages and percentage of land being used for residential uses, commercial uses and open space uses.

   J.   A table listing the density of residential development by development area or subarea, and by dwelling unit type; and, land coverage by acreage and percentage for landscaped areas, natural open space, common open space and recreations facilities designed for the residents, building coverage, parking areas, streets, and pedestrian walkways (trails, sidewalks).

   K.   The restrictive covenants proposed.

   L.   Any other information deemed necessary in the circumstances by the city. (Ord. 1069, 1-13-2003)

   A.   Preapplication Conference: The preapplication conference is mandatory and no fee is required. The purpose of the preapplication conference is to provide the applicant with information about the city's planned unit development (PUD) procedures, and the city's goals and objectives in the area of the proposed PUD. It is also to provide the city with the opportunity to provide the applicant with information about planning issues, or servicing issues, or other issues that may arise. It is an opportunity for the applicant to informally discuss with the city details of his/her concept and to obtain some preliminary comments from the city. Nothing is binding on either party at this stage of the process. The applicant is encouraged to provide the city a concept plan showing the development proposed in advance of the meeting.

   B.   Submission Of Application: The applicant shall submit a completed, signed application together with all the information required in section 12-6-6 of this chapter. The application shall be signed by all owners (or a homeowners' association authorized representative in the case of an existing subdivision) of the property to be developed and the principals of the development company if other than the property owners.

   C.   Review Of Application And Documentation: City staff will review the application and information submitted for completeness. The applicant will be advised if any information is missing. It is at this stage that the city staff may request additional information to more adequately address an issue.

   D.   Review By City Staff: City staff will review the plans and supporting information and prepare a report for consideration by the planning and zoning commission.

   E.   Review By Planning And Zoning Commission: The application for consideration of the planned unit development will be placed on the agenda of the planning and zoning commission within forty five (45) days of the date of receipt of a complete application. The planning and zoning commission shall solicit public input on the PUD application and property owners within two hundred feet (200') of any boundary of the PUD shall be notified of the date and time of any meeting.

   F.   Planning And Zoning Commission Request For Additional Information: Based upon the review of the application by the planning and zoning commission, and based upon the input of the public, the commission may request additional information of the applicant on specific issues of concern. The planning and zoning commission shall consider the additional information at its next scheduled meeting following receipt of the additional information by the city.

   G.   Planning And Zoning Commission Recommendation: Following the procedure in either subsection E or F of this section, the planning and zoning commission shall recommend approval, conditional approval or denial of the application.

A recommendation for denial shall show cause and shall be based upon findings of fact as set out in section 12-6-5 of this chapter.

A recommendation for approval to city council shall set out the reasons for such recommendation based on findings of fact as set out in section 12-6-5 of this chapter. The planning and zoning commission may recommend to city council specific conditions to the approval of the application that it deems appropriate and the reasons for such conditions. Such conditions may include the requirement for the applicant to enter into a development agreement with the city and may include a requirement for a performance bond or like guarantee to ensure the applicant will perform certain works.

   H.   City Council Consideration: After public notice and public hearing, city council may approve or deny the PUD application as recommended by the planning and zoning commission, or city council may alter, change, modify or waive the recommendation or any part of the recommendation as it deems appropriate. The council may require changes to the plan or the conditions prior to granting final approval.

   I.   Approval Of Ordinance By City Council: An approved planned unit development shall be adopted by an ordinance that approves the PUD as an overlay district in the zoning ordinance, and the approved PUD plan shall be recorded as an appendix to an approved subdivision plat, if applicable. (Ord. 1069, 1-13-2003)

   A.   An abbreviated procedure may be allowed in dealing with applications for planned unit developments where such applications deal with already approved plans of subdivision and where the applicant seeks to bring his subdivision into conformity with zoning regulations or where an applicant is desirous of amending his plan of subdivision to produce a more creative and interesting development than would be possible under existing zoning regulations.

   B.   Notwithstanding the provisions of subsection A of this section, the abbreviated procedure is not to be construed as a matter of right by a prospective applicant. The determination of the eligibility of an existing plan of subdivision for the abbreviated PUD procedure shall be in the sole discretion of the city council, with the advice of the planning and zoning commission. In exercising its discretion, the city council shall consider such matters as the age of the subdivision, the amount or level of infrastructure already in place, the benefits to be derived by the community through a planned unit development designation, and any other matter the city council deems appropriate in the circumstances.

   C.   Under this abbreviated process, the following information shall be submitted with the letter of application:

      1.   A site plan showing all the information set out in subsection 12-6-6C of this chapter.

      2.   A brief written narrative describing the project.

      3.   A table setting out the acreages and percentage of land being used for residential, commercial, and open space uses.

      4.   A table setting out the residential densities proposed in accord with subsection 12-6-6J of this chapter.

      5.   Any other information the city believes necessary in the circumstances.

   D.   The planning and zoning commission may dispense with the solicitation of public input and make a recommendation to city council. City council shall hold a public hearing on the matter.

   E.   An approved planned unit development shall be adopted by an ordinance that approves the PUD as an overlay district in the zoning ordinance, and the approved PUD plan shall be recorded as an appendix to the approved subdivision plat. (Ord. 1069, 1-13-2003)

An approved planned unit development (PUD) shall be developed only in accordance with the approved final plan and adopting ordinance. Changes to the adopted PUD plan may be made, after receipt of a written request by the developer, as follows:

   A.   Major Changes: Changes which alter the concept and intent of the planned unit development, including, but not limited to, increases in density of ten percent (10%) or more, reductions of open space, changes in road layout or standards, changes in building heights of one story or more, an increase in land area for commercial use beyond the ten percent (10%) permitted by subsection 12-6-3C of this chapter; changes in the layout and design of the PUD so as to alter the original basis for approval of the PUD, including, but not limited to, changes in land areas devoted to specific dwelling types or concepts (e.g., garden apartments) of ten percent (10%) or more. Major changes in the planned unit development may be approved only by amendment to the original ordinance adopting the PUD which shall require review and public hearings by both planning and zoning commission and city council. The amending ordinance shall be dated and filed with the original ordinance and, if applicable, shall be recorded as an appendix to an approved subdivision plat.

   B.   Minor Changes: Minor changes shall be any change not defined as a major change as set out in subsection 12-6-8A of this chapter. Minor revisions to the PUD plan or conditions may be recommended by the planning and zoning commission. The city council is not required to hold a public hearing for minor changes. The city council, on the advice of the planning and zoning commission, may determine that a requested minor change(s) when considered with previously approved minor changes may constitute a major change.

Approved minor changes shall be shown on a revised site plan or as an amended set of conditions and such approved revisions shall be dated and filed with the original PUD documents, and, if applicable, recorded as an appendix to an approved subdivision plat.

   C.   Term Of Approval: The approved PUD plan shall remain in effect for two (2) years from the date of final approval. If, in the opinion of the planning and zoning commission, no significant construction in the form of building construction, or the required or agreed to infrastructure improvements have taken place within the two (2) year time frame, the applicant shall resubmit the plan with all supporting documentation, updated as necessary to reflect then current PUD requirements, for approval. The approval process shall include the solicitation of public input by the planning and zoning commission and a public hearing by city council. Previous recommendations by the planning and zoning commission or actions taken by the city council on previous application(s) shall not necessarily affect the resubmitted application.

Wherever the word "infrastructure" is used in this chapter it shall mean roads/streets, curbs, gutters, sidewalks, water systems, wastewater systems, storm water drainage facilities, fire hydrants, telephone and cable lines, natural gas lines, streetlights, and similar facilities; but, infrastructure shall not include fences, or decorative walls or entry gates, or similar structures or facilities.

The city council, with input from the planning and zoning commission, upon formal written request of the applicant, may grant an extension of not more than one year to the approval of the PUD plan and conditions. The applicant shall show good cause why the extension should be granted and specify the potential impact on the city if the request is approved/disapproved. (Ord. 1069, 1-13-2003)