(a)

Purpose. It is recognized that the zoning chapter is structured to regulate land use and development patterns of a conventional or traditional nature; however, there are situations where innovative proposals for use of land may be submitted which do not relate to ordinance controls and would have to be rejected even though feasible and beneficial to the community. It is to accommodate such innovative proposals, even those that exceed stipulated residential densities or depart from traditional lot sizes, that the planned development district is established. The technology of land development is constantly changing, and creative but practical approaches to the use of land should be encouraged. The provisions of this section are intended to do so, in a manner which is in the best interests of both the developer and the community.

(b)

Requirements.

(1)

Ownership: The tract shall be a development of land under unified control at the time of application, planned and scheduled to be developed as a whole. However, no authorizations or permits shall be granted for such development unless the applicant has acquired actual ownership of, or executed a binding sales contract for all of the property comprising such tract. For purposes of this section, ownership shall include a lease of not less than 50 years duration. The term "single ownership" shall include ownership of portions of such development by two or more wholly owned subsidiaries of a single owner, or by such single owner and one or more of its wholly owned subsidiaries.

(2)

Minimum size: No planned development may include less than three acres of contiguous land and contain less than five housing units.

(3)

Maximum development intensity: No more than 50 percent of the gross land area of the subject tract may be developed (covered) with principal and accessory uses.

(4)

Comprehensive plan: The development should be planned so that it is consistent with the comprehensive plan for the community.

(5)

Harmony: The planned unit development should be planned and developed to harmonize with any existing or imminent development in the area surrounding the project site.

(6)

Financing: The financing for the project should be proven to be available to the applicant on conditions and in an amount which is sufficient to assure completion of the planned unit development.

(7)

Permitted uses:

a.

These may include and shall be limited to:

1.

Residential:

(i)

Dwelling units in detached, semidetached, groups of attached, clustered or multi-storied structures, or any combination thereof.

(ii)

Any nonresidential use, to the extent such nonresidential use is designed and intended to serve the residents of the planned unit development, and such other uses as exist or may reasonably be expected to exist in the future.

(iii)

Public and private education facilities.

2.

Commercial-industrial: In a planned unit development designed primarily for other than uses permitted above, the uses shall be limited to those permitted in the Zoning district in which the use is located.

(8)

Open space: A minimum of 20 percent for open air recreational uses and other usable and landscaped open spaces shall be made an integral part of the plan. Such space should be effectively separated from automobile traffic and parking and be readily accessible; the term "open space" shall not include space devoted to streets and parking.

(9)

Density: For planned residential developments proposed in existing residential zones, a maximum increase of density of 100% may be allowed based on planning commission and staff evaluation of design, landscaping and distinctiveness in siting. In recognizing that the planned unit development process is designed to encourage flexibility and innovative planning and design exercises, it becomes a matter of benefit to both landowner and community to agree upon an appropriate density having economic, aesthetic and practical value. It is intended that the city be the arbiter in all cases where density increase is proposed.

(10)

Dimensional and special requirements:

a.

Building height shall be 40 feet for principal uses and accessory uses shall be a maximum of 18 feet.

b.

Required lot area per dwelling unit shall be 6,000 square feet for the first unit; 3,000 square feet for the second unit; 2,000 square feet for each additional unit. This may be calculated for the entire development and each dwelling unit is not required to have lot lines.

c.

Along the perimeter of the P.U.D., all required front, side, and rear yard setback requirements of the underlying Zoning district shall be maintained.

(c)

Procedure.

(1)

Preliminary development plan: Filing.

a.

An applicant for a planned unit development shall submit a preliminary development plan to the planning commission, with a written statement and a fee, for cost incurred by the city in checking and processing such plans. Such application shall be signed by the owner(s) of every property within the boundaries of the proposed planned unit development.

b.

Drawings which are part of the preliminary development plan may be in general, schematic form, and must contain the following information:

1.

Location and size of the site and nature of the landowner's interest in the land to be developed.

2.

The density of the land use to be allocated to the several parts of the site to be developed.

3.

The location and size of any common open space and the form of organization proposed to own and maintain such space.

4.

The use and approximate height, bulk and location of buildings and other structures.

5.

Proposals for the distribution of sanitary wastes and storm sewers.

6.

Provisions for parking of vehicles and location and width of proposed streets and public ways.

7.

In case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned unit development are intended to be filed.

8.

A topographic map of the subject property or properties, prepared by a registered civil engineer or a licensed land surveyor, covering the entire tract proposed for development and indicating existing conditions and development for an additional area including at least 300 feet from tract boundaries. Such map shall be drawn at a scale no smaller than 100 feet =1 inch, shall indicate topography a two foot contour intervals and show in accurate detail the topography, existing buildings, and existing land features and trees.

c.

The written statement which is a part of such application shall include:

1.

A description of the character of the planned unit development and the manner in which it has been planned to take advantage of the planned unit development regulations.

2.

A statement of proposed financing.

3.

A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures and open spaces.

(2)

The preliminary development plan; approval.

a.

Within 45 days after the receipt of the application by the planning commission, a public hearing upon said application shall be held by the planning commission. The commission may continue the hearing from time to time and refer the matter back to the planning staff of the city for a further report; provided, however, the public hearing or hearings shall be concluded within 45 days after the date of the first public hearing, unless the landowner shall consent in writing to an extension of the time within which the hearings shall be concluded.

b.

Within 15 days after the conclusion of public hearings, the planning commission shall forward the plan to the council with a written staff report recommending that the plan be disapproved, approved, or approved with modifications, and giving the reasons for these recommendations.

c.

In the event tentative approval is granted subject to conditions, the landowner shall, within 45 days after receiving a copy of the written resolution of the council, notify the council of the acceptance or refusal to accept all said conditions. Refusal of landowner shall constitute denial of the plans by the council. Failure of the landowner to notify the council of his acceptance or denial of the conditions to the plans constitutes acceptance of the conditions.

d.

The granting or denial of tentative approval by written resolution shall be based on findings as set forth below and shall state in full in what respects the plan would or would not be in the public interest, including but not limited to the findings of facts and conclusions on the following:

1.

The plan is consistent with the stated objectives of planned unit development.

2.

The relationship beneficial or adverse, of the proposed planned unit development to the area in which it is proposed to be developed.

3.

That authorized distribution of buildings, streets, and open space will permit better site planning and thus benefit both the residents of the development and the community as a whole.

4.

That such distribution or location will not unduly increase the bulk of buildings, density of population, or intensity of use to the detriment of areas outside the development by restricting access to light and air or by creating traffic congestion.

(3)

Final development plan: approval.

a.

Within six months following the approval of the preliminary development plan, the applicant shall file with the planning commission a final development plan containing in its final form the information required in the preliminary plan. In its discretion, and for good cause, the planning commission may extend for six months the period for filing of the final development plan. A public hearing on an application for a final approval of the plan or part thereof, shall not be required, providing the plan, or part thereof submitted for final approval, is in substantial compliance with the plan given tentative approval.

b.

In the event the plan as submitted for final approval is not in substantial compliance with the preliminary plan, the planning commission shall, within 45 days of the date the application for final approval is filed, so notify the landowner, setting forth the particular ways in which the plan is not in substantial compliance. The landowner may (a) treat such notification as denial of the final approval, (b) refile his plan so that it does substantially comply with the preliminary plan, (c) file a written request with the planning commission that it hold a public hearing on its application for final approval. Any such hearings shall be held within 30 days after request for such hearings is made. Within 45 days of either such hearing or refiling, the planning commission shall recommend and the council shall, by resolution, either grant final approval to the plan or deny final approval to the plan.

c.

If the council fails to act, either by grant or denial of the final approval of the plan within the time prescribed, the landowner may, after 20 days written notice to the council, file a complaint in the Court, and upon showing the planning commission and/or council has failed to act either within the time prescribed, or subsequent to the receipt of the above written notice, the plan shall be deemed to have been finally approved and the Court can enter an order directing the County clerk to record the plan as submitted for final approval, without the approval of the council.

d.

Zoning permits shall not be issued for any of the structures or land alterations shall not be made until the following conditions are met:

1.

Public open space has been dedicated to the city and officially recorded; or

2.

The design and construction specifications for all utilities, street improvements and mass grading have been approved by the city engineers.

3.

The homeowner's association by-laws, covenants and deed restrictions have been approved by the city attorney.

4.

The final plat (if necessary) has been approved by the city and recorded with appropriate governmental agencies as required by law. Such recorded plats shall contain a statement indicating that such plat is a planned unit development.

5.

The detailed site development plans have been approved by all appropriate city staff members and the council and such signatures appear on the plans.

(4)

Noncompliance; inspection.

a.

In the event that a plan, or a section thereof, is given final approval and thereafter the landowner shall abandon said plan or the section thereof that has been finally approved, the landowner shall so notify the council if writing; or, in the event the landowner shall fail to commence the planned development within 12 months after final approval has been granted, then and in that event such final approval shall terminate and be deemed null and void unless such time period is extended by the council upon written application of the landowner.

b.

The zoning administrator shall review each planned development at least once each year until completed and shall make a report (through the planning commission) to the council on the status of the development in each PUD district. If development is not progressing reasonably well, according to schedule, the owner shall be required to submit a statement to the zoning administrator setting forth the reasons for the lack of progress.

c.

Within 30 days of such notice, the council shall either revoke the conditional use permit, and the land shall thereafter be governed by the regulations applicable in the district in which it is located; or shall take such steps as it shall deem necessary to compel compliance with the plans as approved.

(Ord. No. 9.26, eff. 12-15-79)