This article is intended to provide for developments incorporating a single type or a variety of related uses which are planned and developed as a unit. Such development may consist of conventionally subdivided lots or provide for development by a planned unit development (PUD) plat in keeping with the purpose of the plan. The purpose of the PUD is to permit:

(1)

A maximum choice in the type of environment available to the public by allowing a development that would not be possible under the strict application;

(2)

Permanent preservation of common open space and recreation areas and facilities;

(3)

A pattern of development to preserve natural vegetation, topographic, and geologic features;

(4)

A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities;

(5)

An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings, and other facilities;

(6)

A land use which promotes the public health, safety, comfort, morals, and welfare; and

(7)

Innovations in residential, commercial, and industrial development so that growing demands of the population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to the buildings.

(Code 1974, § 7-1; Ord. No. 1151, § 7-1, 7-25-2005)

Except as specifically provided otherwise in this section, PUDs, including all structures and uses permitted therein under this chapter, shall, at a minimum, be built in conformity with all applicable codes and ordinances, including city zoning, subdivision and construction and building regulations.

(Code 1974, § 7-1.1; Ord. No. 1151, § 7-1, 7-25-2005)

PUDs may be built in the SR-1, SR-2, MH-1, MR-1, C-1, and I-1 zoning districts, but only upon the issuance of a special use permit. The size of the PUD and the standards to which it must be built vary in different districts in accordance with section 36-633.

(Code 1974, § 7-1.2; Ord. No. 1151, § 7-1, 7-25-2005)

The PUD concept is intended to afford both the developer and the city considerable flexibility in formulating development proposals. Consequently, to the extent indicated in this subsection, PUDs may deviate from generally applicable ordinance requirements without a variance. Any proposed deviation not listed below, however, shall require a variance.

(1)

Mixed uses. PUDs may include all types of residential structures and any other uses approved by the city council; provided that, in approving such mixed uses, the city council may attach any conditions necessary to protect the public welfare.

(2)

Lot and structure requirements. In PUDs, the city council may approve any reasonable deviation from the lot and structure requirements of the particular zoning district, so long as the different uses within the PUD are appropriately interrelated and property abutting the PUD is adequately protected from any potential adverse impacts of the development. Lot and structure requirements means minimum individual lot area, width, and depth; minimum setbacks; and maximum structure height.

(3)

Accessory structures and uses. In PUDs, the city council may allow the developer to disregard the usual restrictions on accessory structures and uses other than the prohibition against using an accessory structure as a dwelling.

(4)

Location of parking/loading spaces. By permission of the city council, off-street parking and loading spaces in PUDs need not be located in accordance with generally applicable requirements. The minimum number of such spaces, however, shall not be less than the number required for the particular use proposed as per section 36-633(3).

(Code 1974, § 7-1.3; Ord. No. 1151, § 7-1, 7-25-2005)

A PUD shall be approved only as a special use in accordance with the procedures and standards of this article, and may depart from the normal procedures, standards, and other requirements of the other sections of this chapter. Applications shall be made on forms provided by the city and shall be accompanied by the required plats and documents.

(Code 1974, § 7-2; Ord. No. 1151, § 7-2, 7-25-2005)

Prior to filing an application for approval of a PUD, the developer may request an informal meeting with the mayor to discuss the development of the land in conjunction with the city community development plan. The mayor may hold the meeting by himself or may request the assistance and advice of any member of the city council. Any meeting of the city council may be part of a regularly scheduled meeting, shall be open to the public, and included on the agenda in advance of the meeting. The pre-application conference is not mandatory and does not require formal application, fees, or filing of a PUD plat.

(Code 1974, § 7-2.1; Ord. No. 1151, § 7-2, 7-25-2005)

A preliminary plat of the PUD shall be submitted to the mayor and city council, who shall refer the same to the city plan commission for a public hearing. The hearing shall be conducted by the chairperson of the plan commission. The chairperson of the plan commission shall also be responsible for fixing the date and place of the hearing. At such hearing, all members of the plan commission shall have the right to full participation. Upon the conclusion of the hearing, the plan commission shall issue a report and recommendation to the mayor and city council as to whether the special use permit applied for should be issued. The required procedure for approval of the preliminary plat shall be as follows:

(1)

Items to be submitted. The following items shall be submitted:

a.

Written application for approval of a PUD on forms and in the manner prescribed by the city;

b.

A filing fee in the amount fixed by the mayor and city council from time to time, by ordinance; and

c.

The preliminary plat and supporting data in accordance with the provisions of division 3 of this article.

(2)

Filing required information. The following information is required:

a.

With the building and zoning official, copies of the preliminary PUD plat and supporting data shall be submitted to the building and zoning official for certification as to conformity with these regulations, and with the recommendations and suggestions regarding the overall design.

b.

With the plan commission, copies of the preliminary PUD and supporting data also shall be submitted to the plan commission for public hearing, review, and recommendations.

c.

With the school district, copies of the preliminary PUD plat and supporting data also shall be made available to any school district which might be affected by the development. The mayor shall notify any such school district concerning the filing of the application.

(3)

Public hearing. The plan commission shall hold a public hearing on the application for a PUD, giving notice of the time and place not more than 30, nor less than 15, days before the hearing by publishing a notice thereof at least once in a newspaper published or circulated in the city.

(4)

Recommendation of plan commission. Following the public hearing and review of the preliminary PUD plat and supporting data for conformity with these regulations, the plan commission shall, within 60 days, recommend approval, modification, or disapproval, and the reasons therefor, or indicate why a report cannot be rendered to the mayor and city council. As a condition to the approval of the preliminary plat, the plan commission shall set forth in a separate communication to the mayor and city council, findings of fact indicating the basis for its approval and describing how the proposal meets the standards of this division.

(5)

Decision of city council. The mayor and city council, after receipt of the preliminary PUD plat from the plan commission, shall, within 60 days, approve, modify, or disapprove the preliminary plat. The city council may require such special conditions in the approval of the preliminary plat as it may deem necessary to ensure conformity with the intent of all plan elements and the stated purposes of the PUD.

(6)

Effect of preliminary plat approval. Approval of a preliminary PUD plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat or, if development is to be staged, of the first stage of the final plat. The final plat shall be submitted by the developer, not later than 180 days (or such additional time as may be authorized by resolution of the city council from time to time) after approval of the preliminary plat, for approval of the city corporate authorities and subsequent recording upon fulfillment of the requirements of these regulations and any conditions of the preliminary approval. The final plat shall be approved as the final land use if it conforms with the preliminary plat. The preliminary and final plat may be filed and approved simultaneously, if all requirements hereof are met. No building permit shall be issued for any structure until the final plat has been approved.

(Code 1974, § 7-2.2; Ord. No. 1151, § 7-2, 7-25-2005)

(a)

The purpose of the final plat is to designate, with particularity, the land subdivided into conventional lots as well as the division of other lands, not so subdivided, into common open areas and building sites. The preliminary plat shall generally locate buildings, whereas the final plat shall show the exact location of each building. Thus, the final PUD plat and, if the development is to be staged, all staged final development plats shall conform substantially to the preliminary plat as approved.

(b)

Applications for approval of the final plat may be submitted in stages, with each stage reflecting a portion of the approved preliminary plat which is proposed to be recorded and developed; provided, however, that such portion must conform to all requirements of these regulations. The required procedure for approval of a final plat or any stage thereof shall be as follows:

(1)

Filing with mayor and with plan commission.

a.

With mayor. The final plat and supporting data shall be submitted to the mayor for certification that the final plat is in conformity with these regulations and in agreement with the approved preliminary plat. The report of the mayor shall be made to the city council within 30 days after submission by developer.

b.

With plan commission. A final PUD plat and other supporting data required for approval also shall be submitted to the plan commission.

(2)

Recommendation of plan commission. Within 30 days after the developer submits the final plat, the plan commission shall complete its review thereof and shall recommend approval or disapproval, and the reasons therefor, to the mayor and city council. A public hearing on an application for final approval of a PUD shall not be required, except as provided in section 36-577(b)(1).

(3)

Decision of city council. The mayor and city council, after receipt of the final plat and recommendation from the plan commission, shall, within 60 days, approve or disapprove the final plat and, if approved, shall pass an ordinance authorizing the PUD as a special use.

(Code 1974, § 7-2.3; Ord. No. 1151, § 7-2, 7-25-2005)

The plan commission shall recommend to the city council the denial or approval of the proposed PUD and shall include, not only conclusions, but also findings of fact related to the specific proposal and shall set forth, with particularity, what aspects of the proposal would or would not be in the public interest, including, but not limited to, findings of fact on the following:

(1)

In what respects the proposed plan is or is not consistent with the stated purposes of the PUD regulations;

(2)

The extent to which the proposed plan meets the requirements and standards of the PUD regulations;

(3)

The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimensions, area, bulk, and uses, and the reasons why such departures are or are not deemed to be in the public interest;

(4)

The physical design of the proposed plan and the manner in which the design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space and further the amenities of light and air, recreation, and visual enjoyment;

(5)

The relationship and compatibility, beneficial or adverse, of the proposed plan to the adjacent properties and neighborhood;

(6)

The desirability of the proposed plan to physical development, tax base, and economic wellbeing of the entire community; and

(7)

The conformity with the recommendations of the city community development plan.

(Code 1974, § 7-2.4; Ord. No. 1151, § 7-2, 7-25-2005)

(a)

The recording of the final plat shall inform all who deal with the PUD of the restrictions placed upon the land and act as a zoning control device.

(b)

The ordinance authorizing construction of the PUD shall be effective only upon recording of the final PUD plat and supporting data with the county recorder of deeds. No permit allowing construction of a building or other development shall be issued by the building and zoning official until the required recording of the final plat, approval of the final engineering plans, and the posting by the developer of the required improvement deposits, as set forth in section 36-607. All recording costs shall be paid by the developer.

(Code 1974, § 7-2.5; Ord. No. 1151, § 7-2, 7-25-2005)

(a)

The PUD project shall be developed only according to the approved and recorded final plat and all supporting data. The recorded final plat and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns, and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the PUD project as set forth in this chapter.

(b)

All changes to the final plat shall be recorded with the county recorder of deeds as amendments to the final plat, or reflected in the recording of a new corrected final plat.

(1)

Major changes. Changes which alter the concept or intent of the PUD, including increases in density, increases in the height of buildings, reductions of proposed open space, changes in the sequence of development, changes in road standards, or changes in the final governing agreements, provisions, or covenants may be approved only by submission of a new preliminary plat and supporting data and following the preliminary approval steps and subsequent amendment to the final PUD plat.

(2)

Minor changes. The city council may approve minor changes in the PUD which do not change the concept or intent of the development without going through the preliminary approval steps. Minor changes are defined as any change not defined as a major change.

(Code 1974, § 7-2.6; Ord. No. 1151, § 7-2, 7-25-2005)

The mayor and city council shall consider the PUD subject to revocation if construction falls more than two years behind the schedule filed with the final plat or exceeds ten years. The developer shall be notified in writing at least 90 days prior to any revocation hearing. Extensions of the building schedule, agreed to by the developer at the time of approval, may be granted by the corporate authorities of the city.

(Code 1974, § 7-2.7; Ord. No. 1151, § 7-2, 7-25-2005)

(a)

General site information. Data regarding site conditions, land characteristics, available community facilities and utilities, existing covenants, and other related general information about land uses within one-half mile of the proposed site.

(b)

Sketch plan. A drawing in simple sketch form showing the proposed location and extent of the land uses, major streets, lots, and other features as they are related to the city.

(c)

Legal description. A property survey and legal description of the site proposed for development.

(Code 1974, § 7-3.1; Ord. No. 1151, § 7-3, 7-25-2005)

(a)

Detailed plan. A drawing of the PUD shall be prepared at a scale of not less than 1 inch = 100 feet for developments of 200 acres or less; and 1 inch = 200 feet for developments over 200 acres, and shall show such designations as proposed streets (public and private), all buildings and their uses, common open spaces, public service and school lands, recreation facilities, parking areas, service areas, and other facilities indicating the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

(1)

Boundary lines: bearings and distances;

(2)

Existing easements: locations, width, and purpose;

(3)

Existing streets on and adjacent to the tract: location, size and invert elevation of sanitary, storm, and combined sewers; location and size of water mains, location of gas lines, fire hydrants, electric and telephone lines, and streetlights; direction and distance to and size of nearest water mains and sewers adjacent to the tract showing invert elevation of sewers;

(4)

Existing streets on and adjacent to the tract: street names, right-of-way widths, and existing sidewalks;

(5)

Ground elevations on the tract: for land that shows less than one-half percent, at one-foot contours; spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions; and for land that slopes more than one-half percent, at two-foot contours;

(6)

Subsurface conditions on the tract, if required by the building and zoning official: location and results of tests made to ascertain subsurface soil, rock, and ground water conditions; depth to ground water unless test pits are dry at a depth of five feet; location and results of soil percolation tests if individual sewage disposal systems are proposed;

(7)

Other conditions on the tract: watercourses, marshes, rock outcrop, wooded areas, isolated trees one foot or more in diameter, houses, and other significant features;

(8)

Other conditions on adjoining land: approximate direction and gradient of ground slope, including any gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences; owners of adjoining unplanned land; and for adjoining platted land, subdivision plat by name, recording date and number, and approximate percent built up, typical lot size and dwelling type;

(9)

Zoning: on and adjoining the tract;

(10)

Proposed public improvements: highways or other major improvements planned by public authorities for future construction on or near the tract;

(11)

Proposed internal general uses of major buildings or structures, and the specific overall land use of the premises;

(12)

Title and certificate: present tract designation, if any, according to official records in offices of the county recorder; and title under which proposed development is to be recorded, with names and addresses of owners, and notation stating acreage (owner shall include beneficial owners of any land trust);

(13)

Names: the names and addresses of the persons to whom notices of hearings hereunder may be sent, including the subdivider, and the owners and tenants of land within 100 feet of the property in question, excluding all streets and alleys from the computation;

(14)

Open space: all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated;

(15)

General location, purposes, and height of each building, other than single-family residences on individually platted lots;

(16)

Map data: name of development, north point and scale, and date of preparation; and

(17)

Miscellaneous: such additional documents as may be required by the plan commission or building and zoning official.

(b)

Character. Explanation of the character of the PUD and the reasons why the developer chose to take advantage of the flexibility of these regulations.

(c)

Ownership. Statement of present and proposed ownership of all land within the project.

(d)

Schedule. Proposed development schedule indicating:

(1)

Stages in which project will be built with emphasis on area, density, uses, and public facilities, such as open space to be developed with each stage (overall design of each stage shall be shown on the plat and through supporting graphic material); and

(2)

Approximate dates for beginning and completion of each stage.

(e)

Covenants. Proposed agreements, provisions, or covenants which will govern the use, maintenance, development, and continued protection of the PUD and any of its common open space.

(f)

Density. Information on the gross density, gross residential density, and net residential density of residential uses.

(g)

Nonresidential uses. Information on the type and amount of ancillary and nonresidential uses in a residential development, including the amount of common open space.

(h)

Service facilities. General information on all service facilities and off-street parking facilities.

(i)

Architectural plans. Preliminary sketches and renderings for all primary buildings in sufficient detail to permit an understanding of the style of the development.

(j)

Facilities plans. General feasibility reports for:

(1)

Roads, including classification, width of right-of-way, and width of pavement;

(2)

Sidewalks;

(3)

Sanitary sewers;

(4)

Storm drainage;

(5)

Water supply system; and

(6)

Lighting system.

(Code 1974, § 7-3.2; Ord. No. 1151, § 7-3, 7-25-2005)

(a)

Final detailed plan. A final land use and zoning plat, suitable for recording with the county recorder of deeds, shall be prepared. The purpose of the PUD plat is to designate with particularity the land subdivided into conventional lots, as well as the division of other lands not so treated into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general. The final PUD plat shall include, but not be limited to:

(1)

An accurate legal description of the entire area under immediate development within the PUD;

(2)

If subdivided lands are included in the PUD, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat;

(3)

An accurate legal description of each separate unsubdivided use area, including common open space;

(4)

Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put, and a street numbering for each building;

(5)

Construction details, including centerline elevations, pavement type, curbs and gutters, culverts, etc.;

(6)

Certificate, seals and signatures required for the dedication of land and recording the document; and

(7)

Tabulations on each separate unsubdivided use area, including land area, number of buildings, and number of dwelling units per acre.

(b)

Common open space documents. The developer shall submit documents indicating to the satisfaction of the city attorney that, with respect to the agreed-upon common open space, he has complied with either subsections (b)(1) or (2) of this section. All common open space, at the election of the city, shall be:

(1)

Conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the PUD or adjoining property owners or any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee to enforce maintenance and improvement of the common open space; or

(2)

Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the PUD or adjoining property owners or both.

(c)

Construction schedule. All final plats shall be accompanied by a written construction schedule. Such schedule shall not exceed a period of five years, if the PUD land is the subject of a pre-annexation agreement. All other schedules shall not exceed a period of ten years. If the development period in fact exceeds ten years, the city council may revoke approval of the PUD and initiate such zoning changes as it deems necessary to preserve the public interest.

(d)

Performance guarantees. All public facilities and improvement s made necessary as a result of the PUD shall be either constructed in advance of the approval of the final plat, or, at the election of the city, escrow deposits, irrevocable letter of credit in a form approved by the city attorney or performance bonds shall be delivered to guarantee construction of the required improvements. Any such guarantee shall be 100 percent of the estimate approved by the building and zoning official of the cost to construct the improvements.

(e)

Maintenance guarantees. In addition to the deposit provided for in subsection (d) of this section, a deposit shall be made to the city in cash, irrevocable letters of credit (in a form approved by the city attorney), or maintenance bond equal to 15 percent of the estimated cost of public facility installations. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the PUD and shall be held by the city for a period of 18 months after acceptance of such facilities by the city. After such 18 months, the deposit shall be refunded if no defects have developed. If any defects have developed, then the balance of such deposit shall be refunded after reimbursements for amounts expended in correcting defective facilities. The deposit under this subsection shall be made immediately upon completion and approval of the construction of the public facilities, and the performance guarantee for the public facilities shall thereupon be released.

(f)

Delinquent taxes. A certificate shall be furnished from the county collector that he finds no delinquent taxes and that all special assessments constituting a lien on the whole or any part of the property of the PUD have been paid.

(g)

Covenants. Final agreements, provisions, or covenants governing the use, maintenance, and continued protection of the PUD shall be provided.

(Code 1974, § 7-3.3; Ord. No. 1151, § 7-3, 7-25-2005)

The PUD must meet the following standards:

(1)

Ownership and size. The site of the PUD must be under single ownership or unified control and be not less than three acres in the SR-1, SR-2, and MH-1 zoning districts, or two acres in the MR-1 zoning district, or ten acres in the C-1 and I-1 zoning districts.

(2)

Compatibility. The uses permitted in a PUD must be of a type and so located as to exercise no undue detrimental influence upon surrounding properties, and shall be compatible with each other.

(3)

Parking requirements. The individual uses permitted within the PUD shall adhere to the parking requirements provided for in other sections of this chapter for the particular use or uses proposed.

(4)

Height. No building shall exceed 15 stories or 150 feet in height.

(5)

Floor area ratio. The following floor area ratio shall be observed as maximum density controls:

(6)

Additional density controls. A maximum of 40 units per net acre of residential land shall be permitted. A minimum of 25 percent of the land area devoted to multifamily residential use shall consist of common open space.

(7)

Traffic. Provisions shall be made to provide adequate ingress and egress designed to minimize traffic congestion in the public streets.

(Code 1974, § 7-4; Ord. No. 1151, § 7-4, 7-25-2005; Ord. No. 1446, § 2, 3-4-19)