Because of the substantial public advantages of planned unit development, it is the intent of this Chapter to allow development thereunder where tracts suitable in size, location, and character for the uses and structures proposed are planned and developed as units in a unified and coordinated manner. In such circumstances, where Municipal planning and development may effectively proceed together, it is necessary and appropriate that there be requirements and regulations other than on a lot- by-lot or subdivision basis so as to provide flexibility and innovation in site planning and land-use relationships while also ensuring substantial compliance with the intent, objectives, and purposes of the Zoning Ordinance and the City's General Plan. (Ord. 1998-1, 7-17-1998)

COMMON AREAS: A. All land, other than individual lots, within the planned unit development boundaries.

   B.   Any buildings or structures intended or reserved for the common use of the residents and owners of the planned unit development.

   C.   Installations of or easements for central utility services or streets.

   D.   Such community and commercial facilities as may be provided for in the declaration of the planned development.

   E.   All other parts of the planned unit development necessary for or normally in common use.

PLANNED UNIT DEVELOPMENT (PUD): A development based upon an integrated design in which one or more of the regulations of the zone in which the development is to be situated is waived or varied for development of multiple uses or densities in accordance with an approved plan and imposed general requirements as specified in the Zoning Ordinance. A planned unit development may be:

   A.   The development of compatible land uses arranged in such a way as to provide desirable living environments that may include private and common open spaces for recreation, access, aesthetic, or other uses.

   B.   The conservation or development of desirable amenities not otherwise possible by typical or lot-by-lot development standards.

   C.   The creation of areas for multiple use that are of benefit to the community. (Ord. 1998-1, 7-17-1998)

The boundaries of all land approved for development as a planned unit development shall, after final approval, be indicated on the Official City Zoning Map with the symbol "PUD" and the appropriate zone district (e.g., A-1/PUD). (Ord. 1998-1, 7-17-1998)

   A.   Planned unit developments shall be allowed as a conditional use in all zones.

   B.   Uses shall be recommended by the Planning Commission and approved by the City Council and shall be limited to uses designed to benefit and service the population of the development and immediate community but shall not be such as to adversely affect adjacent properties or their use.

   C.   All uses proposed within the planned unit development shall be specified in the application and plan.

   D.   Accessory uses may be included in planned unit developments to provide necessary services to the occupants of the development as determined by the Planning Commission; provided, that agreements and restrictive covenants controlling the proposed uses, ownership, characteristics, and design are filed by and entered into by the developer and approved by the Planning Commission and City Council to assure that the approved necessary services are maintained. (Ord. 1998-1, 7-17-1998)

In making decisions or recommendations as to the approval of a planned unit development, the Planning Commission and City Council shall apply the following locational standards:

   A.   Conformance With Plan: The concept of a planned unit development is an important factor in the implementation of the City's Comprehensive Master Plan and should be located in conformity with such Plan.

   B.   Access: The planned unit development should be so located with respect to streets and public ways as to provide direct access to such developments without creating or generating traffic along minor streets outside the development.

   C.   Utilities: Planned unit developments should be so located in relation to utilities that neither extension nor enlargement of such systems shall be required in any way so as to result in higher net public cost.

   D.   Hazards Avoided: The site shall be suitable for development without hazards to persons or property, on or off the tract, from flooding, erosion, or other dangers or annoyances. (Ord. 1998-1, 7-17-1998)

   A.   Ownership: All land included in the development shall be under the legal control of the applicant, whether the applicant is an individual, partnership, corporation, or a grouping thereof, such control to be in the form of ownership or the option to purchase.

   B.   Evidence: Applicants requesting approval shall present evidence of unified control of the entire tract comprising the development together with the written opinion of legal counsel representing the applicant/developer establishing that the applicant has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of this Title. (Ord. 1998-1, 7-17-1998)

   A.   Area: A tract of land proposed for development as a PUD shall contain minimum acreage in accordance with the following table:

 

 

   B.   Density:

      1.   The maximum number of lots or units shall be the number of developable acres of the development divided by the minimum lot size permitted by the requirements of the zone in which the PUD is located.

      2.   When it can be adequately shown that the intent of this Title and the Zoning Ordinance can and will be maintained and the over crowding of lots or units will not result, density increases may be granted; provided, that the PUD:

         a.   Lends itself to economy of service delivery and minimization of public costs.

         b.   Provides for the recreational needs of the future PUD occupants.

         c.   Minimizes the impact of increased density on adjacent properties and streets by providing adequate and approved buffering.

      3.   In computing "developable" acreage, the following lands may be excluded:

         a.   Property which is in excess of thirty percent (30%) natural grade and considered undevelopable.

         b.   Property located within natural drainage channels or 100-year flood zones.

         c.   Property of a unique character deemed by the Planning Commission to be undevelopable.

   C.   Lot Requirements: Lot area, width, setback, yard coverage, and building height and location requirements shall be determined by approval of the site plan.

   D.   Landscaping: All areas not covered by buildings, by off-street parking, or streets shall be planted with natural vegetation and so landscaped as to be compatible with adjacent properties and the community.

   E.   Access: Every unit, lot, or other use permitted in the PUD shall have access to a public street or way either directly or by an approved private road or area dedicated to private public use guaranteeing access.

   F.   Parking: Off-street parking shall be provided in compliance with the parking requirements of this Title.

   G.   Open Space: Functional and aesthetic usable open spaces are deemed essential to and shall be included within a PUD and in accordance with the following:

      1.   There shall be a minimum usable open space of thirty percent (30%) of the total gross area of the PUD.

      2.   Areas beyond the perimeter of the PUD, streets, driveways, and parking areas shall not be included in determining the usable open space.

      3.   Common park or recreational areas and facilities may be included in determining usable open space if they are used and are appropriate for their stated purposes and they are accessible and available to all occupants within the PUD.

      4.   The preservation, maintenance, and ownership of usable open space within the PUD must be assured and specified in a manner and evidenced by appropriate legal documentation approved by the City Council and City Attorney.

   H.   Utilities: All utilities within the PUD, including telephone, telephone cable, and electrical systems shall be installed underground. Appurtenances to these systems which require aboveground installation must be effectively screened and approved, and thereby may be exempt from this requirement.

   I.   Arrangement: Arrangement of structures, lots or units, and usable open spaces within the PUD shall be such as to assure that adjacent properties and their uses will not be adversely affected.

   J.   Changes:

      1.   Minor: Minor changes in the location, siting, or character of buildings and structures may be authorized by the City Council if required by engineering or other circumstances not foreseen at the time the final plan was approved.

      2.   Other Changes: All other changes in the project, including changes in the site plan and in the development schedule, must be approved by the Planning Commission and City Council.

      3.   Deviations: Deviations from the approved plans or failure to comply with any requirements imposed by the Planning Commission or City Council in approving the PUD shall constitute a violation of this Title. (Ord. 1998-1, 7-17-1998)

   A.   Time Limit Specified: The applicant must begin and substantially complete the development of the PUD within two (2) years from the date of approval.

   B.   Extension Of Time; Appeal: If the applicant does not begin or substantially complete the development within the time limits imposed, the Planning Commission shall review the PUD and may extend the time limit, revoke the approval, or amend the plan. The developer may appeal the decision of the Planning Commission to the City Council which shall review the record and decision of the Planning Commission and affirm, set aside, remand, or modify the Planning Commission's decision. Such appeal must be filed in writing within ten (10) calendar days of the date of the decision appealed. (Ord. 1998-1, 7-17-1998)

   A.   Application:

      1.   An application for PUD must be on a form approved by the City and be duly executed and filed jointly by all owners and persons or entities having legal control of the property.

      2.   The required filing fee shall be paid at the time of filing and before the application may be considered.

      3.   The application shall be accompanied by a preliminary development plan for the PUD which shall contain or show the following:

         a.   The name or title of the PUD.

         b.   The names of any professional planner or engineer for the project and the names of all owners or persons or entities having legal control of the property.

         c.   Scale, date, north arrow, and general location map of the project.

         d.   The boundaries and legal description of the property to be included in the PUD and the legal descriptions, owners, and parcel numbers of all individual tracts and comprising the proposed zone.

         e.   Proposed land uses.

         f.   Unified and organized arrangement and location of buildings, structures, and building groups.

         g.   Provisions for off-street parking.

         h.   Internal and external traffic circulation.

         i.   Proposed density.

         j.   Proposed street cross sections.

         k.   Proposed usable open space, parks, and public areas.

         l.   Location and type of proposed landscaping.

         m.   Relation to future land use and development in the surrounding area as proposed by any general plan.

         n.   Proposed location of utilities.

         o.   Easements.

         p.   Schematic drawings demonstrating the design and character of the PUD.

      4.   The applicant shall also:

         a.   Provide the owner's name and address and a brief description of each adjacent property.

         b.   State the waivers or modifications of the general zoning subdivision, or other City ordinances desired to be waived or modified and the reasons therefor.

      5.   The City Clerk shall confirm that the application has been duly executed and filed, the filing fee paid, and that the preliminary plan complies with the above requirements and upon such confirmation shall place the application upon the agenda of the next regularly scheduled meeting of the Planning Commission which shall be no sooner than ten (10) days from the date of filing.

   B.   Planning Commission Review And Approval:

      1.   Upon its initial review of an application for approval of a PUD, the Planning Commission shall:

         a.   Meet with the applicant and assist the applicant in bringing the application and attachments as nearly as possible into conformity with the requirements of this Title and/or define specifically those variations from such requirements which appear justified in the circumstances; and

         b.   Establish a public hearing date in not more than thirty (30) days and direct the City Clerk to give at least fifteen (15) days' notice by mail to all adjacent landowners, by publication at least once in the newspaper, by posting at three (3) places in the City of the time, date, place, and purpose of the public hearing.

      2.   The Planning Commission may require additional materials, information, maps or otherwise which it deems necessary to make the necessary recommendations. The applicant shall submit all evidence deemed necessary by the Planning Commission of his ability to undertake the project.

      3.   After the public hearing, the Planning Commission may recommend to the City Council that the application for approval of the PUD be granted as requested or be granted subject to specific conditions and stipulations. The Planning Commission may also disapprove the application in which case the application may be considered by the City Council.

      4.   The Planning Commission, in order to approve the application, with or without conditions or stipulations, must find specifically that:

         a.   The application and proposed PUD comply with all requirements imposed by this Title.

         b.   The proposed PUD in consistent with the objectives and purposes of this Title.

         c.   The proposed PUD is designed to be compatible with the adjacent and surrounding properties and area.

         d.   The proposed PUD is designed to be compatible with the physical features of the proposed site.

         e.   The desired waiver or modification of the general zoning, subdivision, or other City ordinances applied to the particular case would be justified and appropriate.

         f.   Adequate usable open space over conventional development is provided for the occupants of development and the general public.

         g.   Desirable natural features indigenous to the site are preserved.

      5.   The Planning Commission shall include in its recommendation for approval, if granted, the amount of bond which the applicant should be required to submit to insure the completion of the project including improvements and landscaping.

   C.   City Council Approval: Within fifteen (15) days of the date of approval of the Planning Commission, the application shall be submitted to the City Council for its consideration. The City Council, after the public hearing if required by law, shall review the application and the Planning Commission's findings and recommendation and may give preliminary approval to the PUD application, with or without modification including stipulations and/or conditions for approval and development, remand the matter to the Planning Commission with instructions for further action or consideration, or disapprove the application.

   D.   Final Plan And Approval:

      1.   A final development plan, conforming to all stipulations, conditions, and requirements imposed by the City Council and this Title shall be submitted and shall show in detail the unified and organized arrangement of buildings, their proposed use, off-street parking, all other details required on the preliminary plan, as well as the final grading, irrigation, and landscaping plans.

      2.   No building permit shall be issued until the final development plan has been approved by the Planning Commission and the City Council and has been duly recorded in the office of the Franklin County Recorder.

      3.   The final development plan must have the signature of the City Council approving the plan and the signature of the City Attorney approving the plan as to form.

      4.   The City Council may require that all restrictive or other covenants, agreements, or appropriate documents be recorded in the office of the County Recorder as it deems necessary or advisable in order to assure compliance with the final plan and this Title.

      5.   Unless otherwise required by law, no public hearing or notice shall be required as to the final plat.

      6.   Copies of the final plat, as approved and recorded, shall be kept on file in the office of the City Clerk.

   E.   Fees And Costs:

      1.   The applicant shall pay a filing fee at the time of filing of the application as established by the City Council.

      2.   In addition to the filing fee, the applicant shall reimburse the City for all costs incurred in the review and approval process including, but not limited to, reproduction cost, attorney costs, engineer fees, mailing and advertising costs, and other costs specifically incurred by the City with regard to the subject application and project.

      3.   An irrevocable letter of credit may be substituted for the surety bond if approved by City Council and City Attorney. (Ord. 1998-1, 7-17-1998)