The intent of the Planned Unit Development District (R-6) is intended and designed to provide a means for the development of large tracts of ground on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method provided in other sections of this chapter in A-1, R-1, R-2, R-3, R-4, and R-5 Districts. It is the intent of this section that the basic principles of good land use planning, including an orderly and graded relationship between various types of uses, be maintained and that the sound zoning standards as set forth in this chapter and statutes concerning population density, adequate light and air, recreation and open space, and building coverage be preserved.

   1.   Procedure. The owner or owners of any tract or tracts of adjoining land comprising an area not less than one and one-half acres, may submit to the City Council a petition requesting a change to the R-6 zoning district classification. The petition shall be accompanied by a plan for the use and development of the entire tract of land. The development plan shall be referred to the Planning and Zoning Commission for study and report. The Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan, and with recognized principles of architectural design, land use planning and landscape architecture. The Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserves the intent and purpose of this chapter, to promote the public health, safety, morals and the general welfare, or disapprove of the plan if it does not substantially conform with the requirements of this chapter or the Comprehensive Plan. The development plan as approved by the Commission shall then be reported to the City Council, whereupon the City Council may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purposes of this chapter. If the Council approves the preliminary plan and request for rezoning, the applicant shall submit, within 270 days or such longer period as may be approved by the Council, to the Commission a final development plan, in triplicate, of not less than one stage of the proposed development showing in detail the location of all proposed: (i) buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each; (ii) parking areas; (iii) access drives; (iv) streets abutting or within the proposed development; (v) walks; (vi) all proposed walls and fences; (vii) landscaping and plant material; (viii) required peripheral yards; (ix) common land, recreation areas, and parks; (x) existing and proposed utilities and public easements; (xi) proposed signs and their area and dimensions; (xii) storm and sanitary sewer lines; (xiii) water mains; and (xiv) development stages and timing.

   2.   Form of Application. The final development plan shall be accompanied by the following required documents:

      A.   If the proposed development includes common land which will not be dedicated to the City, and proposed development will not be held in single ownership, proposed bylaws of a homeowner’s association fully defining the functions, responsibilities and operating procedures of the association shall be included.

      B.   Performance bond, which shall insure to the City that the dedicated public streets, utilities, and other common development facilities shall be completed by the developer within the time specified in the final development plan.

      C.   Covenant to run with the land, in favor of the City and all persons having a proprietary interest in any portion of the development premises, that the owner of the land or successors in interest will maintain all interior streets, parking areas, sidewalks, common land, parks, and plantings that have not been dedicated to the City.

      D.   Any additional agreements required by the Council at the time of preliminary plat approval.

      E.   A final plat shall be submitted with each stage of the final development plan. The plat shall show buildings lines, lots and/or blocks, common land, streets, easements, and other applicable items required by the subdivision regulations. Following approval of the final plat by the Commission and Council, the plat shall be recorded with the County Auditor and Recorder.

   3.   Review by the Planning and Zoning Commission. The final development plan and required documents shall be reviewed by the Commission for compliance with the R-6 District standards and substantial compliance with the preliminary plan. The Commission’s recommendations and report on the final development plan shall be referred to the Council for final approval. The final development plan and final plat shall be approved by the Council before any building permit is issued.

   4.   Permitted Principal Uses and Structures. Permitted principal and accessory land uses, lot area, yard and height requirements shall be as set out below, which shall prevail over conflicting requirements of this section of the Zoning Ordinance.

      A.   Buildings shall be used only for residential purposes; occupant garages, occupant storage and similar accessory uses; noncommercial recreational facilities; and community activities including churches and schools.

      B.   The minimum lot and yard requirements of the zoning district in which the development is located shall not apply, except that minimum yards specified in the district shall be provided around the boundaries of the development. Individual buildings shall not be placed any closer than 10 feet to each other, at their closest point of contact. The Council may require open space or screenings be located along all or a portion of the development boundaries. The height requirements of the zoning district in which the development is located shall apply within 125 feet of the development boundary.

      C.   All public streets, water mains, sanitary sewer and storm sewer facilities shall comply with appropriate ordinances and specifications of the City.

      D.   “Common land,” as used in this section, refers to land retained in private ownership for the use of the residents of the development, or to land dedicated to the general public.

      E.   Any land gained within the development because of the reduction in lot sizes, below minimum zoning ordinance requirements, shall be placed in common land to be dedicated to the City or retained in private ownership to be managed by a homeowner’s association.

      F.   The requirements of Section 165.25(14) relating to off-street parking and loading, shall apply to all R-6 Districts.

      G.   The final development plan shall comply with the density requirement.

   5.   Maximum Number of Dwelling Units. The maximum number of dwelling units permitted in an R-6 District shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the zoning district or districts in which the area is located, then multiplied by 115 percent. (In the R-3 District, the one-family requirement shall apply.) Net development area shall be determined by subtracting the area set aside actually proposed for streets from the gross development area. The area of land set aside for common land, open space, or recreation shall be included in determining the number of dwelling units permitted. The maximum number of multiple dwelling units permitted in the R-6 development shall be determined by the zoning district in which the development is located as shown on the following table:

 

 

If the development area contains two or more different zoning classifications, the number of dwelling units permitted shall be determined in the direct proportion to the area of each zoning classification contained in the entire tract.

   6.   Development Plan. The Council may make the approval of the development plan, contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, in the determination of such period, the Council shall consider the scope and magnitude of the development project and any schedule of construction and improvements submitted by the developer. Failure to complete all construction and improvements within said    period of time shall be deemed sufficient cause for the Council to rezone the unimproved property to the classification effective at the time of the original submission of the development plan, unless an extension is recommended by the Commission and approved by the Council for due cause shown. Any proposed change in the development plan after approval by the Council shall be resubmitted and considered in the same manner as the original proposal. The term “unimproved property” means all property situated within a stage or stages of the final development plan upon which the installation of improvements has not been commenced.

   7.   Improvements. In no event shall the installation of any improvements be commenced in the second or subsequent stages of the final development plan until such time as 90 percent of infrastructure improvements including streets and utilities have been completed in any prior stage of such plan.