The Planned Unit Development District is established as a means to facilitate the development of land in an integrated and innovative fashion, to allow for flexibility in site design, and to encourage development that is sensitive to environmental, cultural, and economic considerations. Approval of a Planned Unit Development District shall result in the creation of an overlay to the base zoning district, with specific requirements and standards that are unique to the planned development.

(Ord. No. 99-20, § 1, 11-23-99)

When reviewing requests for approval of a planned unit development, the city shall consider whether one (1) or more of the objectives listed below are served or achieved. It is not the intent of this chapter to allow for reductions or waivers to standard zoning requirements solely for the purpose of increasing overall density or allowing development that otherwise could not be approved.

(1)

Accommodation of the growing demand for housing of all types and for commercial facilities conveniently located to such housing.

(2)

Promotion of integrated land uses, allowing for a mixture of residential, commercial, and public facilities along corridors and in transitional areas.

(3)

Innovation in land development techniques that may be more suitable for a given parcel than traditional approaches.

(4)

Enhancement and preservation of important environmental features through careful and sensitive placement of buildings and facilities.

(5)

Preservation of historical or cultural landscape features through private or public reservation of land.

(6)

Provision for more adequate, usable, and suitably located open space, recreational amenities, and other public facilities than would otherwise be provided under conventional land development techniques.

(7)

Coordination of architectural styles and building forms in an effort to ensure compatibility with surrounding land uses.

(8)

Creation of more efficient provision of public utilities and services, lessened demand on transportation facilities, and the promotion of energy resource conservation.

(Ord. No. 99-20, § 1, 11-23-99)

A planned unit development shall be subject to all applicable standards, procedures, and regulations of this ordinance and the zoning district in which it is located, including applicable site plan review standards contained in Chapter 4, Site Plan Review, for the individual uses within the development, except as otherwise provided in this chapter.

(Ord. No. 99-20, § 1, 11-23-99)

All land proposed for planned unit development shall be platted or replatted into one or more lots, in compliance with the applicable requirements of Chapter 15, Subdivision Regulations. For the purposes of this chapter, the development plan shall include the necessary information to serve as a preliminary plat for the development.

(Ord. No. 99-20, § 1, 11-23-99)

Any use allowed within the zoning district in which the planned unit development is located may be included as part of the development plan. In addition, other uses of land may be permitted within the planned unit development upon approval by the City Council. The development plan shall identify all proposed land uses and those uses shall become permitted uses with the acceptance of the development plan. Single-family attached and multifamily uses with more than five (5) dwelling units may be allowed in the Shoreland Management District only as part of a planned unit development.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2006-21, § 8, 9-26-06)

There shall be no minimum size limitation for a planned unit development.

(Ord. No. 99-20, § 1, 11-23-99)

Phasing of the planned unit development shall be permitted, provided that each individual phase shall be designed and developed to exist as an independent unit. Additionally, the construction and provision of all common open space and site amenities that are shown on the development plan must proceed at the same rate as the construction of dwelling units, if any. Any violation of this provision shall authorize the City Council to hold a public hearing to review compliance of the planned unit development.

(Ord. No. 99-20, § 1, 11-23-99)

Prior to the issuance of any building permits for development within a Planned Unit Development District, the following approvals are required:

(1)

Approval of a development plan and Planned Unit Development District designation as described in this chapter.

(2)

Final plat approval in accordance with Chapter 15, Subdivision Regulations.

(3)

Site plan approval, if necessary, in accordance with Chapter 4, Site Plan Review.

(Ord. No. 99-20, § 1, 11-23-99)

As required in Section 2-90(B), the developer of a planned unit development project shall meet with the City Planner prior to submittal of an application for development plan approval to review a concept plan for the project. Such plan shall include the following minimum information:

(1)

Property boundary.

(2)

North arrow.

(3)

Scale.

(4)

Proposed density of development.

(5)

General location of major streets and pedestrian ways.

(6)

General location and extent of public and common open space.

(7)

General location of residential and non-residential land uses with approximate type and intensities of development.

(8)

Proposed development schedule.

(Ord. No. 99-20, § 1, 11-23-99)

The development plan is intended to illustrate the basic intent and general nature of the proposed planned unit development and to establish the requirements and standards that will apply to the project. Approval of the development plan shall authorize the applicant to seek approval of any required final development plans.

(Ord. No. 99-20, § 1, 11-23-99)

Any person having a legal or equitable interest in a property may file a development plan application for a planned unit development. An application for development plan approval shall be filed with the City Planner on an approved form and shall be accompanied by the materials identified elsewhere in this chapter.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission shall hold a public hearing on each complete application for a planned unit development, as provided in Section 2-100. After the close of the hearing on a proposed development, the Planning Commission shall make findings, pursuant to Section 14-140, and shall submit the same together with its recommendations to the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council shall make the final decision regarding all applications for planned unit development approval. Such approval shall require a two-thirds (2/3) vote of the City Council. Upon approval of the development plan, the official zoning map shall be amended to designate the property as a "PUD-Planned Unit Development" overlay district.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission and City Council shall make each of the following findings before granting approval of a planned unit development:

(1)

Adequate property control is established and provided to protect the individual owner's rights and property values and to define legal responsibilities for maintenance and upkeep.

(2)

The interior circulation plan and access from and onto public right-of-way does not create congestion or dangers and is adequate for the safety of the project residents and general public.

(3)

A sufficient amount of usable open space is provided.

(4)

The arrangement of buildings, structures, and accessory uses does not unreasonably disturb the privacy of surrounding property owners or reduce the value of adjacent properties.

(5)

The architectural design of the project is compatible with the surrounding area.

(6)

The project will not place a burden on existing municipal infrastructure, including utility and drainage systems.

(7)

The development schedule insures a logical development of the site, protecting the interests of project residents and the general public.

(8)

The planned unit development is in reasonable compliance with the intent and purpose of the Land Use Plan.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission and City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the planned unit development, to protect neighboring properties, and to achieve the objectives identified within this chapter and elsewhere in this ordinance.

(Ord. No. 99-20, § 1, 11-23-99)

The planned unit development shall remain valid for a period of one (1) year from the date of approval, unless a longer time period has been agreed to by the City Council. If an application for final plan approval has not been submitted within such period, the planned unit development shall be considered void unless a petition for a time extension has been granted by the City Council. Such extension request shall be submitted in writing at least thirty (30) days prior to expiration of the approval and shall state facts showing a good faith effort to initiate final development plans for the project. In the event that a planned unit development is allowed to expire, the City Council shall direct the Planning Commission to hold a public hearing to remove the planned unit development designation from the property.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. Required submittal materials include a narrative statement, site plan, architectural elevation plans, and any other information requested by the City Planner, the Planning Commission, or the City Council.

(B)

Narrative statement. A written narrative of the proposed development shall be provided, indicating, at a minimum, the information listed below:

(1)

A statement providing evidence that the applicant has sufficient property control to effectuate the planned unit development.

(2)

Development schedule showing the time and sequence of proposed development.

(3)

A summary of the total number of units of each type of use, number of dwelling units, the acreage devoted to all land uses, and the overall net density of the development.

(4)

A statement as to the character and size of all proposed structures, including the use, height, and gross floor area of the buildings.

(5)

A description of architectural design standards that will be implemented as part of the development.

(6)

A description of the anticipated market which the development is intended to serve.

(7)

A statement presenting the applicant's justifications for approval of the planned unit development and how the identified objectives of this chapter are being satisfied.

(8)

A statement describing the form of ownership and maintenance of all common open space, recreational facilities, and other commonly held area intended for the exclusive benefit of the residents.

(9)

A description of proposed protective covenants, easements, or restrictions to be imposed upon the use of the land, buildings, and structures.

(10)

A statement identifying, and providing justification for, any variances, modifications, or waivers from the development standards specified in this chapter.

(C)

Site plan information and contents. The site plan submitted in support of a development plan shall include the information listed below, unless specifically waived by the City Planner prior to submittal:

(1)

Proposed name of development; names shall not duplicate or too closely resemble names of existing subdivisions or developments.

(2)

Location of boundary lines in relation to known section, quarter-section or quarter-quarter section lines comprising a legal description of the property.

(3)

Vicinity sketch, at a legible scale, illustrating the relation of the plan to its surroundings.

(4)

Names and addresses of all persons having property interest, the developer, designer, and surveyor together with his registration number.

(5)

Graphic scale of plat, not less than one (1) inch to one hundred (100) feet.

(6)

Date and north arrow.

(7)

Boundary line and total acreage of proposed plan, clearly indicated.

(8)

Designation of existing zoning classifications for land within one hundred (100) feet of the proposed development.

(9)

Location, widths, and names of all existing or previously platted streets or other public ways, showing type, width, and condition of improvements, if any, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of one hundred (100) feet beyond the tract.

(10)

Location and size of existing sewers, water mains, culverts, or other underground facilities within the tract and to a distance of one hundred (100) feet beyond the tract. Such data as grades, invert elevations, and locations of catch basins, manholes and hydrants shall also be shown.

(11)

Boundary lines of adjoining unsubdivided or subdivided land, within one hundred (100) feet, identified by name and ownership, including all contiguous land owned or controlled by the subdivider.

(12)

Topographic data of the site and area within one hundred (100) feet, including contours at vertical intervals of not more than five (5) feet. Watercourses, floodplain areas, wetlands, rock outcrops, power transmission poles and lines, and other significant features shall also be shown.

(13)

Location and type of land uses to be developed including a summary of the number of residential dwellings by building type and gross floor areas of both residential and non-residential buildings.

(14)

Layout of proposed streets showing the right-of-way widths, centerline gradients, typical cross-sections, and proposed names of streets.

(15)

Locations and widths of proposed alleys and pedestrian ways.

(16)

Locations and size of proposed sewer lines and water mains.

(17)

Location, dimension, and purpose of all easements.

(18)

Layout, numbers, lot areas, and preliminary dimensions of lots and blocks.

(19)

Minimum front and side street building setback lines to illustrate compliance with development standards of this chapter. When lots are located on a curve, the width of the lot at the building setback line shall be shown.

(20)

Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public or private use, including the size of such area or areas in acres.

(21)

Location of parking areas, including the number of stalls required and the number provided, loading facilities, and proposed vehicular driveways and aisles.

(22)

Location, general exterior dimensions, and approximate gross floor areas of all proposed buildings, along with a description of the proposed use and, if applicable, approximate amount of floor area devoted to each separate use.

(23)

The location, type, and size of proposed landscape and screening plantings, signs, or other site enhancements.

(D)

Building plans and elevations. Drawings shall be submitted indicating use and illustrating typical floor plans, elevations, and exterior building materials.

(E)

Required supplemental information. Any or all of the supplementary information or reports listed in Section 2-90(C) shall be submitted when deemed necessary by the City Planner, Planning Commission, or City Council.

(Ord. No. 99-20, § 1, 11-23-99)

Approval of the development plan shall authorize the applicant to proceed with final plans, including any necessary final plat, site plan, and building permit approvals. All such plans shall be reviewed in accordance with the procedures established elsewhere in this ordinance.

(Ord. No. 99-20, § 1, 11-23-99)

The city shall withhold approval of any final plat, site plan, or building permit required for a planned unit development if the proposal is inconsistent with the development plan as approved, except as provided below:

(1)

Minor revisions. Minor changes, such as the location, placement, and height of structures may be authorized by the Development Review Committee if required by engineering or other circumstances not foreseen at the time the development plan was approved.

(2)

Major revisions. Changes in use, any rearrangement of lots, blocks, and building tracts, changes in the provision of common open spaces, and all other changes shall require approval of a revised development plan, in accordance with the procedures established in Section 14-120.

(Ord. No. 99-20, § 1, 11-23-99)

As part of planned unit development approval, the City Council shall be authorized to approve exceptions to the zoning controls applicable to the zoning district in which the planned unit development is located. Such exceptions shall only be granted, however, when it is clearly warranted to achieve the objectives identified in Section 14-20. Nothing in this chapter, however, shall be construed to provide a property owner any right to compel the city to grant such exceptions. When a planned unit development is to be located within a Shoreland Management District, flexibility in may be allowed, provided the recommendations of the City's Surface Water Management Plan are incorporated into the development plan, as required by the City Engineer, subject to the requirements of Chapter 13, Article 6, Shoreland Management District, are met.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2006-21, § 8, 9-26-06)

More than one principal building may be placed on a platted lot within a planned unit development. The appearance and compatibility of individual buildings to other site elements and to surrounding development shall be given primary consideration in reviewing and approving the placement and spacing of structures.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

Floor area. The city council may authorize an increase in the maximum gross floor area allowed by right in the base zoning district by not more than twenty (20) per cent for the purpose of promoting project integration and additional site amenities.

(B)

Building height. The city council may authorize an increase in building height for the purpose of promoting project integration and additional site amenities.

(C)

Building setbacks. The city council may authorize a reduction in or elimination of required yards provided that a landscaped yard of the minimum width established for the base zoning district is maintained along the periphery of the planned unit development.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. The city council may authorize reductions in the area and width of individual lots within a planned unit development from that required for the base zoning district, provided that such reductions are compensated for by an equivalent amount of open space elsewhere in the planned unit development. Such open space shall not include areas designated as public or private streets.

(B)

Density bonus. The city council may authorize a reduction in the minimum lot area per dwelling unit required by the zoning district regulations by not more than twenty (20) per cent for the purpose of promoting an integrated project with a variety of housing types and additional site amenities.

(Ord. No. 99-20, § 1, 11-23-99)

For all planned unit developments, at least twenty (20) per cent of the project area not within street right-of-way must be devoted to open space. Such open space must be available to the residents or tenants of the planned unit development for recreational purposes or other similar benefit. Land reserved for stormwater detention facilities and other required site improvements, private yards and required or proposed setback areas, and areas not accessible by those living in the development, shall not be applied toward satisfaction of open space requirements. Such open space must be suitably improved for its intended use, and plans for such improvements shall be submitted and approved as part of the planned unit development approval process. Areas containing natural features worthy of preservation or excessive areas of public or private utility easements may, at the city council's discretion, be counted as open space, and may, at the city council's discretion, be left unimproved. The development plan must coordinate improvements to open space areas concurrent with construction of permitted structures and other required improvements within their respective phase of the planned unit development.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2004-29, § 1, 11-23-04)

(A)

In general. Parking requirements for all uses within the planned development shall be as established in Chapter 8, Off-Street Parking and Loading. When private streets are proposed as part of a residential planned development, additional common area off-street parking will be required in accordance with Table 14-1 below. Such parking areas shall be dispersed throughout the planned development and shall not be located directly in front of any residential unit.

Table 14-1. Additional parking requirements, residential planned development.

(B)

Affect of on-street parking. At least fifty (50) per cent of the curb frontage on the designated parking side or sides of a street must be available for parking. Available parking frontage shall not include driveways, three (3) feet either side of a driveway, the frontage within twenty-five (25) feet of an intersection, and ten (10) feet either side of a fire hydrant. A length of twenty (20) feet shall be used as a parking space length along the available curb frontage. When less than fifty (50) per cent of the curb frontage is available for on-street parking, off-street parking, in addition to that required in Table 14-1, shall be provided. The amount of additional parking provided shall be the difference between the amount of on-street parking that would be available if fifty (50) per cent of the curb frontage was available for parking and the amount actually being provided based on the development plan.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

When permitted. Private streets will be allowed when the pattern of development does not lend itself to through streets, taking into consideration existing properties, buildings, or topographical features that make construction of a public street unfeasible or inappropriate. Private streets will not be permitted in the following instances:

(1)

When a street serves as an extension of an existing public street.

(2)

When a future extension of the street will serve as access to adjacent properties.

(3)

When the street is, or will be, part of a larger neighborhood traffic system or is part of the city-wide comprehensive street system.

(B)

Design standards. Private streets shall be located within a dedicated easement and shall be equivalent to public streets in construction design, as determined by the city engineer. Streets shall include concrete curb and gutter, with surmountable style curbing permitted, and street lighting equivalent to standards for installation along public streets. Minimum street width, as measured from face-to-face of curb, along with the minimum easement width to allow for utility installations, is indicated in Table 14-2.

Table 14-2. Minimum street and easement width, private streets.

(C)

Maintenance. Maintenance of private streets and street lighting shall be the responsibility of the developer or homeowner's association formed as part of the planned development. Requests for dedication of private streets as public streets shall only be considered if streets are constructed to city standards.

(Ord. No. 99-20, § 1, 11-23-99)

Upon approval of the development plan, it shall be filed with the Rice County Recorder's office to serve as notice that the property is being developed under the terms and conditions agreed to by the applicant and the city. Upon approval of a final plat, said plat shall be filed along with a development agreement, executed by both the applicant and the city, and any necessary restrictions or homeowner's association documents governing the planned unit development.

(Ord. No. 99-20, § 1, 11-23-99)

A cash escrow or letter of credit shall be required by the city council to guarantee performance by the developer. The amount of said cash escrow or letter of credit, and the specific elements of the development that it is intended to guarantee, will be stipulated in the development agreement.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. After a certificate of occupancy has been issued, no changes shall be made in the use or configuration of any buildings or structures within the planned unit development, except as permitted below. All other modifications shall require approval of a revised development plan in accordance with the procedures specified in section 14-120.

(B)

Permitted amendments. The development review committee may authorize any minor extensions, alterations, or modifications to existing buildings or structures if they are consistent with the purpose and intent of the development plan. No change authorized by this section may increase the size of any building or structure by more than ten (10) per cent.

(Ord. No. 99-20, § 1, 11-23-99)

Any violation of the conditions established with approval of the planned unit development shall be handled in accordance with the enforcement provisions specified in sections 2-610 through 2-630.

(Ord. No. 99-20, § 1, 11-23-99)