As specified by C.R.S. § 24-67-101 et seq., the purpose of this chapter is to provide for a greater variety and choice of design for urban living, to gain efficiency, to coordinate design development efforts, to conserve and make available open space, to utilize new technology in urban land development and to gain flexibility over conventional land-control regulations.

(Code 1962, § 25-6-101; Ord. No. 424-1973, § 1; Code 1977, § 17.28.010; Ord. No. 524-1977, § 4)

A.

Application for a planned unit development may be made for land located in any zoning district.

B.

Except for those requirements specifically waived or modified in the planned unit development process approved hereunder, the yard and bulk requirements stated in chapter 17.12, chapter 17.13, and adopted city development design standards and guidelines shall apply to applications under this chapter. In the event of conflict between the yard and bulk requirements stated in chapter 17.12 or chapter 17.13 and adopted city development design standards and guidelines, including the Commercial Development Design Standards and Guidelines, the Industrial Development Design Standards and Guidelines, and the Design Handbook for Downtown Louisville, the most restrictive requirement shall take precedence and shall apply.

C.

Unless otherwise required by the provisions of this chapter, a planned unit development will not be allowed in residential zones for properties of less than one acre.

D.

Except for those requirements specifically waived or modified in the planned unit development process approved hereunder, the sign requirements, standards and guidelines contained in the City of Louisville Sign Code adopted pursuant to chapter 17.24 of this title shall apply to applications under this chapter.

(Code 1962, § 25-6-102; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 18; Code 1977, § 17.28.020; Ord. No. 639-1979, §§ 9, 10; Ord. No. 769-1982, § 2; Ord. No. 1115-1993, § 7; Ord. No. 1192-1995, § 1; Ord. No. 1195-1995, § 5; Ord. No. 1242-1996, § 1, 6-17-1997; Ord. No. 1293-1999, § 4, 4-6-1999; Ord. No. 1322-1999, § 1, 1-18-2000; Ord. No. 1779-2019, § 9, 10-15-2019)

The following types of planned unit developments may be established by overlaying a PUD development plan over the applicable existing zoning district or districts. The overlays are as follows:

1.

PUD-R planned residential district over A, R-E, R-R, R-L, R-M, R-H, PCZD-R and any SF districts;

2.

PUD-C planned commercial district over C-N, C-C, C-B, PCZD-C, O and AO-T districts; and

3.

PUD-I planned industrial district over I and PCZD-I districts.

(Code 1977, § 17.28.030; Ord. No. 769-1982, § 2; Ord. No. 1115-1993, § 8; Ord. No. 1147-1994, § 9; Ord. No. 1242-1996, § 2, 6-17-1997)

Under this title, any residential property developed which is 40 acres or more or, regardless of acreage, which will be developed for multifamily dwellings or will contain more than six dwelling units, must be developed as a PUD-R planned residential district. With the PUD-R District, the following uses and densities will be permitted subject to the approval of the city council:

A.

Uses permitted by right or permitted by special review in the underlying residential district or districts shall be permitted.

B.

Commercial uses shall be permitted in the PUD-R District if the planned unit development contains 600 or more dwelling units. Such commercial centers shall be subject to the following requirements:

1.

Such centers, including parking, shall be included as an integral part of the PUD and shall not occupy more than 1½ percent of the total area of the PUD. Commercial uses in any one development stage shall not be open to use prior to the completion of 50 percent of the dwelling units in that stage and the issuance of the certificates of occupancy for that 50 percent.

2.

Except as stated in section 17.28.020, all requirements applicable to the C-N district are applicable to the commercial center in the PUD-R district.

3.

Such commercial centers shall be limited to categories reasonably necessary to efficiently serve residents of the planned unit development in which it is located.

C.

If the amount of land to be dedicated exceeds the public use dedication requirements stipulated in section 16.16.060 of this Code, the amount of land in excess shall be included in the gross residential acreage.

D.

Provision for low and moderate income housing may be required in all residential planned unit developments. If required, the number of low and moderate income units shall be determined by the city council in accordance with current city policies.

E.

The planned unit development plan may encompass only one zoning district for a PUD-R unless the total acreage under the planned unit development plan exceeds five acres.

(Code 1977, § 17.28.040; Ord. No. 769-1982, § 2; Ord. No. 1192-1995, § 2)

A.

The PUD-C district is created to provide for the development of planned business and shopping centers and mixtures thereof. It is intended to promote the grouping of professional and commercial uses and to provide areas large enough to establish harmonious relationships between structures, people, and the automobile through the use of well-planned parking, access, pedestrian walkways, courtyards, malls and open spaces.

B.

All commercially zoned areas and office zoned areas must be developed as a PUD-C district.

C.

Uses permitted by right or by special review in the underlying zoning district are permitted in the PUD-C district.

D.

All commercial development shall comply with all requirements of applicable commercial development design standards and guidelines, as may be adopted and amended from time to time by ordinance of the city council, except for those requirements specifically waived or modified in the planned unit development plan approved hereunder. All commercial development within Downtown Louisville shall also comply with all requirements of the Design Handbook for Downtown Louisville, as adopted and amended from time to time by ordinance of the city council. The provisions of any commercial development design standards and guidelines shall also apply to any addition, remodeling, relocation, or construction requiring an amendment to an approved, final commercial planned unit development plan and, with respect to Downtown Louisville, to all types of development and work stated in the Design Handbook for Downtown Louisville.

E.

There is hereby adopted and incorporated into this chapter the city commercial development design standards and guidelines, which standards and guidelines are set forth in full in appendix A to this chapter. These standards and guidelines may be amended from time to time in the manner set forth in chapter 17.44. The city council may, in its discretion, waive or modify any requirements of the standards and guidelines in the planned unit development plan approved hereunder in accordance with the criteria set forth in section 17.28.110.

F.

There is hereby adopted and incorporated into this chapter the City of Louisville Design Handbook for Downtown Louisville ("handbook"), which handbook is set forth in full in appendix B to this chapter. The development design standards and guidelines contained in the handbook may be amended from time to time in the manner set forth in chapter 17.44. The city council may, in its discretion, waive or modify any requirements of the handbook in the planned unit development plan approved hereunder in accordance with the criteria set forth in section 17.28.110. All applicants for commercial development or other types of work in Downtown Louisville shall be advised as to the existence of the handbook and a copy thereof shall be made available to such applicants.

(Code 1962, § 25-6-105; Ord. No. 424-1973, § 1; Code 1977, § 17.28.050; Ord. No. 769-1982, § 2; Ord. No. 1242-1996, §§ 3, 4, 6-17-1997; Ord. No. 1293-1999, §§ 5, 6, 4-6-1999)

A.

The PUD-I district is created to provide for the development of planned industrial areas. It is intended to promote the grouping of diversified industrial uses in such a manner that the benefits of industrial development are maximized while the adverse impact often associated with such development (pollution, traffic congestion, public utility demands) is minimized.

B.

All industrial areas must be developed as PUD-I district.

C.

Uses permitted by right or by special review in the underlying zoning district are permitted in the PUD-I district.

D.

The water usage of industrial establishments shall be estimated and noted on the final development plan. If in the opinion of the director of public works the estimated water usage of an establishment or establishments will be so great as to impair the ability to serve the remaining portions of the PUD-I, the city council, in its discretion, may disapprove the final development plan.

E.

All industrial development shall comply with all applicable industrial development design standards and guidelines, as may be adopted and amended from time to time by ordinance of the city council, except for those requirements specifically waived or modified in the planned unit development plan approved hereunder. The provisions of any industrial development design standards and guidelines shall also apply to any addition, remodeling, relocation, or construction requiring an amendment to an approved, final industrial planned unit development plan.

F.

There is hereby adopted and incorporated into this chapter the City of Louisville Industrial Development Design Standards and Guidelines, which standards and guidelines are set forth in full in appendix C to this chapter. The development design standards and guidelines contained in the IDDSG may be amended from time to time in the manner set forth in chapter 17.44. The city council may, in its discretion, waive or modify any requirements of the IDDSG in the planned unit development plan approved hereunder in accordance with the criteria set forth in section 17.28.110. All applicants for industrial development in Louisville shall be advised as to the existence of the IDDSG and a copy thereof shall be made available to such applicants.

(Code 1962, § 25-6-106; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 21; Ord. No. 502-1976, § 3; Code 1977, § 17.28.060; Ord. No. 769-1982, § 2; Ord. No. 1242-1996, § 5, 6-17-1997; Ord. No. 1322-1999, § 2, 1-18-2000)

At the applicant's option, a request for rezoning to a mixed use zone district, or a proposal to develop subsequent to rezoning to a mixed use zone district, may be reviewed and approved according to the planned unit development procedures and criteria stated in this chapter 17.28, except as expressly modified by section 17.14.090.

(Ord. No. 1524-2007, § 4, 9-18-2007)

The provisions set out in sections 17.28.080 through 17.28.120 apply to planned unit development districts.

(Code 1962, § 25-6-107; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 22; Code 1977, § 17.28.070)

A.

Open space, in addition to the public use dedications specified in title 16, may be required by the city council upon recommendation by the planning commission. The requirement for additional open space will be based on the following factors:

1.

Comprehensive development plan (including matters of state interest);

2.

Topography, drainage, vegetation and other such physical conditions;

3.

Anticipated socio-economic conditions;

4.

Type and density of development and employment;

5.

Overall need for open space and recreational facilities.

Such open space shall be owned and maintained as common open space by the developer or by an organization established for the ownership and maintenance of common open space, unless the city accepts dedication of the open space through mutual agreement between the developer or organization and the city council.

B.

In PUD-C districts, lot coverage, including structures and hard surface areas, shall not exceed 70 percent of the total lot area, except as may be permitted in applicable development design standards and guidelines. In PUD-I districts, lot coverage, including structures and hard surface areas, shall not exceed 75 percent of the total lot area, except as may be permitted in applicable development design standards and guidelines.

(Code 1962, § 25-6-107(A), (B); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 22; Code 1977, § 17.28.080; Ord. No. 769-1982, § 2; Ord. No. 1242-1996, § 6, 6-17-1997; Ord. No. 1322-1999, § 4, 1-18-2000)

All requirements applicable to the underlying zoning district or districts in which the property is located as set forth in this title and in adopted city development design standards and guidelines, including, but not limited to, lot area, lot coverage, lot width, height, setbacks, parking, signage and buffers, shall apply to planned unit developments. In the event of conflict between any such requirements, the most restrictive requirement shall take precedence and shall apply. However, any such requirements may be waived or modified through the approval process of the planned unit development if the spirit and intent of the development plan criteria contained in section 17.28.120 are met and the city council finds that the development plan contains areas allocated for usable open space in common park area in excess of public use dedication requirements or that the modification or waiver is warranted by the design and amenities incorporated in the development plan, and the needs of residents for usable or functional open space and buffer areas can be met.

(Code 1977, § 17.28.110; Ord. No. 916-1986, § 2; Ord. No. 1115-1993, § 10; Ord. No. 1242-1996, § 7, 6-17-1997)

A.

The city council must be satisfied that the final development plan has met with each of the following criteria or can demonstrate that one or more of them is not applicable and that a practicable solution consistent with public interest has been achieved for each of these elements:

1.

An appropriate relationship to the surrounding area;

2.

Circulation in terms of the internal street circulation system, designed for the type of traffic generated, safety, separation from living areas, convenience, access, and noise and exhaust control. Proper circulation in parking areas in terms of safety, convenience, separation and screening;

3.

Consideration and provision for low and moderate-income housing;

4.

Functional open space in terms of optimum preservation of natural features, including trees and drainage areas, recreation, views, density relief and convenience of function;

5.

Variety in terms of housing types, densities, facilities and open space;

6.

Privacy in terms of the needs of individuals, families and neighbors;

7.

Pedestrian and bicycle traffic in terms of safety, separation, convenience, access points of destination and attractiveness;

8.

Building types in terms of appropriateness to density, site relationship and bulk;

9.

Building design in terms of orientation, spacing, materials, color, texture, storage, signs and lighting;

10.

Landscaping of total site in terms of purpose, such as screening, ornamental types used, and materials used, if any; and maintenance, suitability and effect on the neighborhood;

11.

Compliance with all applicable development design standards and guidelines and all applicable regulations pertaining to matters of state interest, as specified in chapter 17.32;

12.

None of the standards for annexation specified in chapter 16.32 have been violated;

13.

Services including utilities, fire and police protection, and other such services are available or can be made available to adequately serve the development specified in the final development plan.

B.

The following list of criteria and guidelines will be reviewed by the city in determining whether a project shall be approved as a planned unit development. The criteria and guidelines listed below must be addressed by the applicant in plans and/or reports submitted to the city. An applicant merely addressing the guidelines and criteria shall not automatically merit approval of the planned unit development plan submitted. Satisfaction of the described criteria and guidelines shall be determined by the city council and the city council may also require additional criteria and guidelines be met with respect to a particular plan.

1.

Development shall be in accordance with the adopted elements of the comprehensive development plan of the city, and in accordance with any adopted development design standards and guidelines.

2.

No structures in a planned unit development shall encroach upon the floodplain. Existing bodies of water and existing stream courses shall not be channelized or altered in a planned unit development plan.

3.

No occupied structure shall be located on ground showing severe subsidence potential without adequate design and study approved specifically by the city.

4.

The proposal should utilize and preserve existing vegetation, land forms, waterways, and historical or archeological sites in the best manner possible. Steep slopes and important natural drainage systems shall not be disrupted. How the proposal meets this provision, including an inventory of how existing vegetation is included in the proposal, shall be set forth on the landscape plan submitted to the city.

5.

Visual relief and variety of visual sitings shall be located within a development in the overall site plan. Such relief shall be accomplished by building placements, shortened or interrupted street vistas, visual access to open space and other methods of design.

6.

Open space within the project shall be located in such a manner as to facilitate pedestrian use and to create an area that is usable and accessible to residents of surrounding developments.

7.

Street design should minimize through traffic passing residential units. Suggested standards with respect to paving widths, housing setbacks and landscaping are set forth in public works standards of the city and applicable development design standards and guidelines. The system of streets, including parking lots, shall aid the order and aesthetic quality of the development.

8.

There shall exist an internal pedestrian circulation system separate from the vehicular system such that allows access to adjacent parcels as well as to parks, open space or recreation facilities within the development. Pedestrian links to trail systems of the city shall be provided.

9.

The project and development should attempt to incorporate features which reduce the demand for water usage.

10.

Landscape plans shall attempt to reduce heating and cooling demands of buildings through the selection and placement of landscape materials, paving, vegetation, earth forms, walls, fences, or other materials.

11.

Proposed developments shall be buffered from collector and arterial streets. Such buffering may be accomplished by earthen berms, landscaping, leafing patterns, and other materials. Entrance islands defining traffic patterns along with landscaping shall be incorporated into entrances to developments.

12.

There shall be encouraged the siting of lot arrangement, building orientation and roof orientation in developments so as to obtain the maximum use of solar energy for heating.

13.

The overall PUD shall provide a variety of housing types.

14.

Neighborhoods within a PUD shall provide a range of housing size.

15.

Architectural design of buildings shall be compatible in design with the contours of the site, compatible with surrounding designs and neighborhoods, shall promote harmonious transitions and scale in character in areas of different planned uses, and shall contribute to a mix of styles within the city.

C.

The following guidelines shall apply to mixed use and multifamily developments:

1.

Parking shall be screened from public streets and roads. Design guidelines for the construction of parking lots in commercial mixed use and multifamily use shall be as set forth in public works standards of the city and applicable development design standards and guidelines.

2.

Architectural design of buildings shall be compatible in design with the contours of the site, compatible with surrounding designs and neighborhoods, shall promote harmonious transitions and scale in character in areas of different planned uses, and shall contribute to a mix of styles within the city.

3.

If the development shall contain four or more structures, and structures should normally be clustered into clearly definable groups around areas of activity such as common open space, courtyards or plazas.

(Code 1962, § 25-6-107(F), (G); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 22; Ord. No. 502-1976, § 4; Code 1977, § 17.28.120; Ord. No. 524-1977, § 5; Ord. No. 799-1983, §§ 2, 3; Ord. No. 1242-1996, §§ 8—11, 6-17-1997)

The procedure set out in sections 17.28.140 through 17.28.230 shall be required for all planned unit development.

(Code 1977, § 17.28.130; Ord. No. 769-1982, § 2)

A preapplication conference shall be held with a person authorized by the city in order for the applicant to become acquainted with the planned unit development procedures and related city requirements, to obtain a written list of what the application shall include, and to obtain copies of any guidelines or ordinance interpretations.

(Code 1977, § 17.28.140; Ord. No. 769-1982, § 2)

A.

It is the intent of this chapter that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned unit development under this chapter.

B.

The requirements of both this chapter and those of the subdivision regulations on title 16 shall apply to all planned unit developments, and all actions of the city council pertaining to planned unit developments shall be based upon a recommendation by the planning commission.

(Code 1962, § 25-6-110; Ord. No. 424-1973, § 1; Code 1977, § 17.28.150)

A.

An applicant shall make application to the city for approval of the planned unit development. The applicant shall accompany his application with a preliminary development plan as specified in this section.

B.

The preliminary development plan must include both a preliminary development plan map and a written statement. The plan must show adequate extraterritorial area surrounding the proposed planned unit development to demonstrate the relationship of the planned unit development to adjoining uses, both existing and proposed.

C.

The preliminary development plan map shall contain the following information:

1.

The existing topographic character of the land at a contour interval of two feet if the slope is less than ten percent (spot elevations may be required if land is too flat for contours), and five feet where the slope is greater than ten percent;

2.

Proposed land uses and their respective acreage;

3.

The type and character of the proposed development and, if applicable, the proposed number of dwelling units per gross residential acre;

4.

The location of proposed streets;

5.

The location and size of proposed public and semipublic uses both dedicated and other;

6.

The location of areas of state interest as identified by the planning commission;

7.

Delineation of development stages as described in subsection D.4 of this section;

8.

Notes specifying general conditions such as street right-of-way width, curb cuts and access control, and other pertinent factors when applicable; and

9.

Any existing and proposed utilities and easements.

D.

The written statement to accompany the preliminary development plan map must contain the following information:

1.

An explanation 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 the present ownership and legal description of all the land included within the planned unit development;

3.

A list of the owners of abutting properties and properties located within 500 feet of the property lines of the land included in the planned unit development, complete with their addresses from available county records;

4.

A general indication of the expected schedule of development; and

5.

All written information pertaining to matters of state interest as specified in chapter 17.32.

E.

The applicant may submit any other information or exhibits which he deems pertinent to the evaluation of the proposed planned unit development, and the planning commission may request additional information which it deems necessary for adequate review and evaluation.

F.

Accompanying the application shall be an application fee which shall be in an amount set by the city manager in accordance with section 17.04.080. The applicant shall be billed by the city for unique costs incurred relative to the particular development. Such costs will be paid in full prior to approval of the final development plan.

(Code 1962, § 25-6-111; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 24; Ord. No. 502-1976, § 5; Code 1977, § 17.28.160; Ord. No. 769-1982, § 2; Ord. No. 1242-1996, § 12, 6-17-1997; Ord. No. 1291-1998, § 6, 1-19-1999)

A.

Whenever notice is required for a public hearing before the planning commission or the city council for the purpose of considering a planned unit application, such notice must be published in a newspaper of general circulation within the city at least 15 days prior to such hearing. Such notice shall indicate the time, date and place of the hearing and give a brief summary or explanation of the proposed planned unit development and its location.

B.

Within 60 days after filing a complete application and any required materials, the planning commission shall provide notice by publication and mailing as required under subsection A of this section and section 17.04.070 and open its public hearing on the application. Following completion of the planning commission public hearing, the planning commission shall approve, disapprove or approve with conditions the preliminary development plan.

C.

There shall be submitted to the city council for review any preliminary development plan that proposes development of any multifamily dwellings, any special review use, or more than six single-family dwelling units, or that requests any modification of any requirements applicable to the underlying zoning district or districts in which the property is located as set forth in titles 16 and 17 of this Code, or that requests any relief from applicable provisions of the Commercial Development Design Standards and Guidelines or the Industrial Development Design Standards and Guidelines. City council review of the preliminary development plan shall be subject to the following:

1.

The city council shall consider the preliminary development plan at a public hearing held during a city council meeting subsequent to the date of the planning commission's review and recommendation on the preliminary development plan, with notice thereof provided in the same manner as notice of the public hearing before the planning commission (except that additional notice under article 65.5 of title 24, C.R.S. is not required if such notice has been given for the planning commission hearing);

2.

In addition to matter presented at its public hearing, the city council shall review and consider the planning commission's findings and recommendations, any staff reports, any referral agency comments, and the approved (or, if not yet approved, draft) minutes from the public hearing before the planning commission; and

3.

Following completion of the city council public hearing, the city council shall approve, approve with conditions, or deny the preliminary plat, or remand to the planning commission.

D.

Approval of the application shall constitute approval of the preliminary development plan and shall be valid for one year. A one-year extension of approval time may be applied for in writing to the planning commission. The approval of a preliminary plan shall not result in the creation of any vested property rights except as may be established in a vested rights agreement approved and executed by city council pursuant to section 17.54.090. Such approval shall allow the applicant to proceed to the final development plan stage, subject to the time limits set forth in this subsection, or in a vested rights agreement if applicable, and the other requirements of this chapter and title.

E.

All or any portion of an approved preliminary development plan may be submitted for final development plan purposes. In the case of partial submission, the approval of the remaining portion of the preliminary development plan shall automatically gain an extension of one year before another phase of the plan must be submitted in final form.

F.

No building permits may be issued on land within the planned unit development until the final development plan has been approved by the city council under the procedures provided in the following sections.

(Code 1962, § 25-6-112; Ord. No. 424-1973, § 1; Code 1977, § 17.28.170; Ord. No. 556-1977, § 9; Ord. No. 769-1982; Ord. No. 1116-1993, § 3; Ord. No. 1242-1996, § 13, 6-17-1997; Ord. No. 1313-1999, § 2; Ord. No. 1513-2007, § 2, 3-20-2007; Ord. No. 1567-2010, § 1, 2-16-2010)

A.

The final development plan, which may reflect an entire development stage as delineated on the preliminary development plan or any logical parts thereof, must be submitted within one year following the approval of the preliminary development plan, unless a written request is made for an extension of one year and such request is approved or unless a longer period of time is expressly set forth in a vested rights agreement executed pursuant to section 17.54.090. If the final development plan proposes development which exceeds the staging schedule, the need for deviation from the schedule shall be documented and a revised development staging schedule shall be submitted.

B.

The final development plan shall be prepared at a scale of not less than one inch equals 100 feet, and shall be submitted in sufficient detail to evaluate the building design and other features of the planned unit. The final development plan must contain, insofar as applicable, the following minimum information:

1.

The existing topographic character of the land at a contour interval of two feet if the slope is less than ten percent (spot elevations may be required if land is too flat for contours), and five feet where the slope is greater than ten percent;

2.

The proposed land uses and their respective acreage;

3.

The location and size of all proposed buildings, structures, utilities, easements, and other improvements;

4.

The maximum height of all buildings shall be stipulated. Specific consideration must be given to the maximum height of structures or significant views which may be obscured;

5.

The density and type of dwellings, if applicable;

6.

The location, number of lanes, median width, curb cuts, access control and proposed turning movement restrictions of arterial streets;

7.

The location of collector and local streets;

8.

The off-street parking areas, service areas including trash areas, loading areas and provision for bicycle trails and bicycle storage;

9.

The location, height and size of proposed signs, lighting and advertising devices;

10.

The areas to be dedicated to the city or reserved as common areas;

11.

The 100-year floodplain and floodway, if applicable;

12.

A general landscape plan at the time of submission to be followed by a detailed landscaping plan once the plan has been approved showing the spacing, sizes and specific types of landscaping material, including parking areas;

13.

Proposed architectural elevations;

14.

A development schedule setting forth timing for construction of the development.

C.

Copies of any special agreements, conveyances, restrictions, or covenants which will govern the use, maintenance and continued protection of the planned unit and any of its common park areas must accompany the final development plan.

D.

The applicant may submit any other information or exhibits he deems pertinent in evaluating his proposed planned unit development, and the planning commission may request additional information which it deems necessary for adequate review and evaluation.

(Code 1962, § 25-6-113; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 25; Ord. No. 502-1976, § 6; Code 1977, § 17.28.180; Ord. No. 769-1982, § 2; Ord. No. 1567-2010, § 2, 2-16-2010)

A.

The planning commission shall give notice as provided in section 17.28.170 and shall hold a public hearing concerning the final development plan.

B.

The planning commission will approve the final development plan if it is in compliance with the criteria for approval set forth under this chapter.

C.

The final development plan will then be submitted to the city council for their action. The city council may choose to hold a public hearing concerning such final development plan or at their option, without a hearing, city council may approve, disapprove, approve the final development plan with modifications, or request that the final development plan be further reviewed by planning commission. After the final development plan has been approved by the city council, such plan shall be recorded as if it was a final subdivision plat.

(Code 1977, § 17.28.190; Ord. No. 769-1982, § 2; Ord. No. 1313-1999, § 3)

A.

Provided the time limit established by the development schedule submitted by the applicant has not passed, the appropriate officials shall issue building permits for buildings and structures in the area covered by an approved final development plan, provided that the plan has been recorded, if such buildings and structures are in conformity with the approved final development plan and with all other applicable ordinances and regulations.

B.

Such official shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan if the completed building or structure conforms to the requirements of the approved final development plan and all other applicable ordinances and regulations.

C.

If the time limit established by the development schedule has passed, no building permits or certificates of occupancy shall be issued until after the planning commission has reviewed the development plan and a new development schedule has been established.

D.

Notwithstanding any other provision of this chapter 17.28, for any area covered by a final development plan for a residential planned unit development approved after August 1, 1995, no building permit shall be issued more than 36 months after city council approval of the plan unless an extension of time is approved pursuant to subsection 17.28.210.B and issuance is within such extended time.

E.

Notwithstanding any other provision of this chapter 17.28, for any area covered by a final development plan for a commercial or industrial planned unit development approved after November 9, 1998, no building permit shall be issued more than 36 months after city council approval of the plan unless an extension of time is approved pursuant to subsection 17.28.210.B. and issuance is within such extended time. ^[2]

(Code 1962, § 25-6-115; Ord. No. 424-1973, § 1; Code 1977, § 17.28.200; Ord. No. 769-1982, § 2; Ord. No. 1192-1995, § 3; Ord. No. 1285-1998, § 1, 10-6-1998)

No changes may be made in an approved final plan prior to or during the construction of the planned unit development except upon application to the city under the procedures provided below:

A.

Minor changes, measuring a ten percent or less deviation in the location, siting and height of buildings and structures and other minor changes may be authorized by the director of planning of the city if such changes are required by engineering or other circumstances not foreseen at the time the final planned unit development plan was approved. The director may also approve minor changes pursuant to the administrative variance procedures and criteria set forth in section 17.52.050. Any administrative approvals granted under this section and any administrative variances granted under section 17.52.050 shall be transmitted to the planning commission and the city council for their information by written memorandum from the director of planning.

B.

All changes in use, density or the outline development plan, changes in the arrangement of lots, blocks and buildings, any changes in the provision of common open spaces, and all other changes in the approved final plan, except those which are minor changes under subsection A of this section, must be approved by the planning commission and the city council under the procedures authorized for final plan approval.

C.

Any changes which are approved for the final plan must be recorded as amendment to the recorded copy of the final plan at expense of applicant.

D.

All changes for which authorization is required under subsection A or B of this section shall comply with adopted city development design standards and guidelines.

(Code 1977, § 17.28.210; Ord. No. 715-1981, § 19; Ord. No. 1242-1996, § 14, 6-17-1997; Ord. No. 1673-2014, § 5, 9-16-2014)

A.

From time to time the planning commission shall compare the actual development accomplished in the various planned unit developments previously approved with the development schedule and the development plan of the project. If the owner or owners of the property in the planned unit development have failed to meet the approved development schedule, or development plan and any supplementary agreements, the city council, the planning commission, or the city staff may initiate proceeding to review the previously approved final development plan. Such review shall occur in the same manner as review of the final development plan in section 17.28.190, and upon such review, the planned unit development plan may be revoked or the limits of the development schedule may be extended.

B.

The city council may require adequate assurance, in a form and manner which it approves, that the common open space shown in the final development plan will be provided and developed.

(Code 1977, § 17.28.220; Ord. No. 769-1982, § 2)

A.

After the planned unit development has been substantially completed, the use of the land and the construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved final development plan rather than by any other provisions of this title.

B.

After the planned unit development has been substantially completed, no changes may be made in the approved final development plan except upon application to the city under the procedures provided below:

1.

Any minor extension, alteration or modification, measuring a ten percent or less deviation from the approved plan of existing buildings or structures may be authorized by the director of planning if they are consistent with the purposes and intent of the final plan. The director may also approve minor changes pursuant to the administrative variance procedures and criteria set forth in section 17.52.050.

2.

Any uses not authorized by the approved final plan, but permitted in the planned unit development as a use by right under the provisions of this title or by a special review in the zone in which the planned development is located, may be added to the final development plan under the procedures stated in chapter 17.40.

3.

A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under subsection B.4 of this section.

4.

All other changes in the final development plan, including changes in the use of common open space, must be made by the planning commission and the city council under the procedures authorized by chapter 17.28 for final development plan approval. No changes may be made in the final development plan unless they are required for the continued successful functioning of the planned unit development, or unless they are required by changes in conditions that have occurred since the final plat was approved or by changes in the development policy of the community.

(Code 1977, § 17.28.230; Ord. No. 715-1981, § 21; Ord. No. 1116-1993, § 5; Ord. No. 1673-2014, § 6, 9-16-2014)

Notwithstanding any other provision of this chapter, the board of adjustment has the power under chapter 17.48 to hear and decide, grant or deny applications for variances on individual lots from the provisions of an approved final development plan if all of the requirements described in subsection 17.48.110.B insofar as applicable, have been satisfied.

(Code 1977, § 17.28.240; Ord. No. 1105-1993, § 1)

A.

The purpose of this section is to provide an expedited process for planned unit developments (PUDs) that can be adequately evaluated for consistency with applicable city rules and policies without a related preliminary planned unit development. An applicant may request expedited review of a planned unit development application upon submittal of all applications and information required in this title for consideration of a planned unit development. The requirement of filing a preliminary planned unit development plan and holding a public hearing thereon is waived under this expedited PUD procedure. Review of a planned unit development meeting the criteria for expedited review shall be conducted by the planning commission and the city council under the procedures authorized for final development plan approval.

B.

A planned unit development application shall be eligible for expedited PUD review if:

1.

The property has been previously subdivided and any proposed replat with the planned unit development application is eligible for the minor subdivision procedure in section 16.12.110; and

2.

The director determines the application will not result in a material change in the type of public improvements, easements, arrangement of streets, open space, or utilities.

(Code 1977, § 17.28.250; Ord. No. 1116-1993, § 6; Ord. No. 1873-2024, § 1, 6-4-2024)

A.

In those cases where a planned unit development is applied for on one or more subdivided lots, but which do not have in place assurances of completion in the form of a guarantee acceptable to the city as required under section 16.12.100, or that involve any required onsite or off-site public improvements which in the opinion of the city requires an assurance of completion, such improvement assurances shall be made pursuant to the terms of a developer's agreement. For the purposes of this section, the term "developer" means that person making application for approval of a planned unit development or the property owner of the land if other than the applicant.

B.

The assurance of completion in the form of a guarantee acceptable to the city must be furnished by the developer to assure the installation and completion of all required public improvements in an approved manner and in a reasonable period of time.

C.

The developer shall execute a developer's agreement with the city which provides that guarantees shall be furnished for the construction of the required public improvements and establishes the developer's responsibility for the provision of such improvements. Building permits will be issued for only that part of the plan for which the required financial guarantee has been provided.

D.

The developer's agreement shall be recorded prior to the issuance of any building permits. Upon written request from the developer, a release from the city may be obtained for a lot or lots when the terms of the agreement have been satisfied for the lot or lots involved.

E.

The developer's agreement shall provide that no certificates of occupancy shall be issued prior to the city's construction acceptance of the required improvements. The developer's agreement shall further provide that if at any time there is a breach of such agreement, the city may withhold approval of all building permits within the planned unit development until any breach has been cured.

(Code 1977, § 17.28.260; Ord. No. 1146-1994, § 1)