1.   Purpose. The purpose of the Planned Unit Development (PUD) regulations is to encourage flexibility to the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities and public spaces; and to preserve the natural and scenic qualities of open areas. The procedure is intended to permit diversification in the location of structures and improved circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety and welfare plus convenience, both in the use and occupancy of buildings and facilities in planned groups. A Planned Unit Development, to be eligible under this chapter, must be:

      A.   In accordance with the Comprehensive Plan of the City and with the regulations of this chapter.

      B.   An effective and unified means of treating possible development providing for preservation of scenic features and amenities of the site and the surrounding area.

      C.   So designed in its space allocation, orientation, landscaping, circulation system, materials and other features as to produce an environment of stable and desirable character, complementing the design and values of the neighborhood.

   2.   Minimum Area. A Planned Unit Development shall include no less than five acres of contiguous land.

   3.   Open Space. A minimum of 25% of planned unit site area shall be developed as common open space. Parking areas and vehicle access facilities shall not be considered in calculating open space.

   4.   Land Use. At least 90% of the PUD site exclusive of open space shall be devoted to those uses permitted in the zoning district in which the PUD is located. Proposed land uses shall not adversely affect surrounding development, and shall be in accordance with the objectives and policies of the Comprehensive Plan.

   5.   Unity of Control. In order that the purpose of these regulations may be realized, the land and buildings and appurtenant facilities shall be in single ownership, or under management or supervision of a central authority, or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions herein.

   6.   Autos. The minimum ratio of parking spaces to residential units within a given tract development shall be no less than one and five tenths (1.5) autos per unit.

   7.   Application Procedures. Planned Unit Developments shall be subject to the approval of the Council based upon review and recommendations by the Zoning Commission.

      A.   General Development Plan. The applicant shall file a General Development Plan which shall include the following information:

         (1)   A statement describing the general character of the intended development;

         (2)   An accurate map of the project area including its relationship to surrounding properties, existing topography and key features;

         (3)   A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval, as follows:

            a.   The pattern of proposed land use including shape, size and arrangement of proposed use areas, density and environmental character;

            b.   The pattern of public and private streets;

            c.   The location, size and character of recreational and open space areas reserved or dedicated for public uses such as parks, greenways, etc;

            d.   A utility feasibility study.

         (4)   Appropriate statistical data on the size of the development, ratio of various land uses, percentage of multi-family units by number of bedrooms, economic analysis of the development, expected staging, and any other plans or data pertinent to evaluation by the City.

         (5)   General outline of intended organizational structure related to property owners association, deed restrictions and private provisions of common services.

      B.   Specific Implementation Plan. A specific and detailed plan for implementation of all or a part of a proposed PUD after approval of the General Development Plan must be submitted within a reasonable period of time as determined by the Zoning Commission. The specific implementation plan shall be submitted for review by the Zoning Commission and approval or disapproval by the Council and shall include the following detailed construction and engineering plans and related detailed documents and schedules:

         (1)   An accurate map of the area covered by the plan including the relationship to the total general development plan;

         (2)   The pattern of public and private roads, driveways, walkways and parking facilities;

         (3)   Detailed lot layout and subdivision plat where required;

         (4)   The arrangement of building groups, and their architectural character;

         (5)   Sanitary sewer and water mains;

         (6)   Grading plan and storm drainage;

         (7)   The location and treatment of open space areas and recreational or other special amenities;

         (8)   The location and description of any areas to be dedicated to the public;

         (9)   General landscape treatment;

         (10)   Proof of financing capability;

         (11)   Analysis of economic impact upon the community;

         (12)   A development schedule indicating:

            a.   The approximate date when construction of the project can be expected to begin;

            b.   The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

            c.   The anticipated rate of development;

            d.   The approximate date when the development of each of the stages will be completed; and

            e.   The area and location of common open space that will be provided at each stage.

         (13)   Agreements, by-laws, provisions, or covenants. which govern the organizational structure, use, maintenance and continued protection of the PUD and any of its common services, common open areas or other facilities;

         (14)   Any other plans, documents, or schedules requested by the City;

         (15)   Proof of compliance with State and local fire regulations.

   8.   Criteria for Approval. As a basis for determining the acceptability of a PUD application, the following criteria shall be applied to the precise development plan for such district with specific consideration as to whether or not it is consistent with the spirit and intent of this chapter, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design.

      A.   Character and Intensity of Land Use. In a PUD, the uses proposed and their intensity and arrangement on the site, shall be of visual and operational character which:

         (1)   Is compatible to the physical nature of the site with particular concern for preservation of natural features, tree growth and open space;

         (2)   Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicability compatible with the general development plan for the area as established by the community;

         (3)   Would not adversely affect the anticipated provision for school or other municipal services;

         (4)   Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

      B.   Economic Feasibility and Impact. The proponents of a PUD application shall provide evidence satisfactory to the Council of its economic feasibility of available adequate financing, and that it would not adversely affect the economic prosperity of the City or the values of surrounding properties.

      C.   Engineering Design Standards. The width of street right-of-ways, width and location of street or other paving, location of sewer and water lines, provision for storm sewer drainage or other similar environmental engineering considerations shall be based upon determination as to the appropriate standards necessary to implement the specific function of the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the City.

      D.   Preservation and Maintenance of Open Space. In a PUD, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.

         (1)   In the case of private reservation, the open area to be reserved may be protected against building development by conveying to the City as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the development. Buildings or uses for noncommercial, recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or subsequently, with the express approval of building site and operational plans by the Zoning Commission. All easements are subject to acceptance by the Council.

         (2)   The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the City and shall be included in the title to each property.

         (3)   Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the City and made a part of the conditions of the plan approval.

      E.   Implementation Schedule. The proponents of a PUD shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Council including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.

   9.   Approval of the Specific Implementation Plan.

      A.   Following a review of the specific implementation plan, the Zoning Commission shall recommend to the Council that it be approved as submitted, approved with modifications, or disapproved.

      B.   Upon receipt of the Zoning Commission recommendation, the Council may approve the plan and authorize the development to proceed accordingly, or disapprove the plan.

      C.   In the event of approval of the specific implementation plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the City offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within 90 days in the office of the County Recorder. This shall include posting a performance bond or certified check as directed by the Council for each individual project as submitted for Council consideration, with the City, guaranteeing that required improvements will be constructed according to the approved implementation schedule. This shall be accomplished prior to the issuance of any building permit.

      D.   Any subsequent change or addition to the plans or use shall first be submitted for approval to the Council and Zoning Commission and if such change or addition constitutes a substantial alteration of the original plan, the procedures in the above shall be required.

      E.   If construction of the PUD does not commence and continue in reasonable accordance with the development schedule, then the PUD shall be voided.

   10.   Construction Requirements. In any plan submitted for consideration of a PUD all structures and fixtures to be permanently or semi-permanently attached to the proposed area to be developed shall have a minimum 30' setback from all City streets, public right-of-ways, City property and other public facilities.

   11.   Definitions.

      A.   A Planned Unit Development shall be any orderly development of a tract of five acres or more of contiguous land within the City limits or within areas controlled by this chapter. A PUD may contain single-family residences, multi-family rental dwellings, condominium developments, townhouses, row houses, patio homes, tract development mobile home courts and any other residential structures which from time to time the Council may deem appropriate for inclusion in a particular submitted proposal for a PUD.

PUDs also include business and commercial properties of a retail or semi-retail nature. Such properties may in a given PUD be intermingled with the afore-described residential uses subject to the above provisions of approval by the Council. The purpose of this definition is to differentiate the character of PUDs from that of the requirements appearing elsewhere in this chapter and within this Code of Ordinances regarding subdivision and platting and dedication requirements.

      B.   Exclusions. Specifically excluded from any consideration or any proposal for a PUD shall be industrial enterprises of any character, temporary dwellings, and all other uses inconsistent with the qualifying uses in this section.