(A)   It is recognized that this subchapter 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 the innovative proposals, even those that may “mix” land uses within a development, exceed stipulated residential densities or depart from traditional lot sizes, that the PUD 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 subchapter are intended to do so in a manner which is in the best interests of both the developer and the community.

   (B)   The PUD District when finally established under the provision of this subchapter shall be applied to and superimposed upon the underlying zoning districts established in §§ 153.055 through 153.062 of this chapter as the same now exist or are amended in the future. It being the intent of the Council that no provision or regulation of the underlying zoning district may be varied, modified or set aside unless specifically allowed in the accepted PUD District final development plan.

(Prior Code, § 11.11)

   (A)   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 the development unless the applicant has acquired actual ownership of or executed a binding sales contract for all of the property comprising the tract. For purposes of this subchapter, ownership shall include a lease of not less than 50 years’ duration. The term “single ownership” shall include a single owner, or a group of land owners, acting through a corporation, where each owner agrees in advance to be bound by the conditions and regulations which will be effective within the district and to record the covenants, easements and other provisions with the County Recorder at the appropriate time.

   (B)   Minimum size. No planned unit development shall consist of less than one-half acre of contiguous land; provided that, a public street, public highway or easements for drainage or utility purposes shall not prevent the land from being considered “contiguous”.

   (C)   Comprehensive Plan. The development shall be planned so that it is consistent with the Comprehensive Plan for the community.

   (D)   Harmony. The planned unit development shall be planned and developed to harmonize with any existing or imminent development in the area surrounding the project site.

   (E)   Financing. The financing for the project shall be proven to be available to the applicant on conditions and in amounts which are sufficient to assure completion of the planned unit development.

   (F)   Permitted uses.

      (1)   These may include and shall be limited to:

         (a)   Dwelling units in detached, semi-detached, attached groups of attached, clustered or multi-storied structures, or any combination thereof;

         (b)   Any non-residential use, to the extent the non-residential use is designed and intended to serve the residents of the planned unit development, and other uses as exist or may reasonably be expected to exist in the future; and

         (c)   Public and private education facilities.

      (2)   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.

   (G)   Recreational space. A minimum of 5% of the total area of a planned unit development shall be set aside for recreational use. The use should be effectively separated from automobile traffic and parking and be readily accessible; the term “recreational use” shall not include space devoted to streets and parking.

   (H)   Density. For planned residential developments proposed in existing residential zones, an increase in density may be allowed based on Planning Commission and staff evaluation of design excellence, landscaping and distinctiveness in site work. The actual amount of density increase shall be a matter of negotiation between the city and landowner, following review of the preliminary plan in which an initial density is proposed. 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.

(Prior Code, § 11.11)

   (A)   Preliminary development plan; filing.

      (1)   An applicant for a planned unit development shall submit a preliminary development plan to the Planning Commission, with a written statement and payment of a fee, for costs incurred by the city in checking and processing the plans. The application shall be signed by the owner(s) of every property within the boundaries of the proposed planned unit development.

      (2)   The drawings which are part of the preliminary development plan may be in general, schematic form and must contain the following information:

         (a)   Location and size of the site and nature of the landowner’s interest in the land to be developed;

         (b)   The density of the land use to be allocated to the several parts of the site to be developed;

         (c)   The location and size of any common open space and the form of organization proposed to own and maintain the space;

         (d)   The use and approximate height, bulk and location of buildings and other structures;

         (e)   Proposals for collection of sanitary wastes, distribution of water and disposal of surface run-off;

         (f)   Provisions for parking of vehicles and location and width of proposed streets and public ways;

         (g)   In the 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; and

         (h)   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. Development for an additional area must include at least 350 feet, unless the city requires a lesser amount, from tract boundaries. The map shall be drawn at a scale no smaller than 100 feet equal one inch, shall indicate topography at two-foot contour intervals and show in accurate detail the topography, all planned and existing buildings and all planned and existing land features and trees. The Planning Commission may make an exception to this requirement if the subject property is in a well-developed area with existing public utilities and improved streets and storm sewers installed.

      (3)   The written statement which is a part of the application shall include:

         (a)   A description of the character of the planned unit development and the manner in which it has been planned to comply with the planned unit development regulations;

         (b)   A statement of proposed financing;

         (c)   Economic feasibility analysis of any business uses if the property is not zoned for similar business uses at the time of submittal of the preliminary development plans;

         (d)   A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures and open spaces; and

         (e)   Total estimated population to occupy the planned unit development, with breakdowns as to the number of school-age children, adults and families.

   (B)   Preliminary development plan/approval.

      (1)   Within 45 days after receipt of the application by the Planning Commission, a public hearing upon the 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 of the date of the first public hearing, unless the landowner shall consent in writing to an extension of time within which the hearings shall be concluded.

      (2)   Within 15 days after the conclusion of public hearings, the Planning Commission shall forward the plan to the Council with a written report recommending to the Council that the plan be disapproved, approved or approved with modifications, and giving the reasons for these recommendations.

      (3)   The Council shall within 30 days of receipt thereof reject, tentatively accept or modify the Planning Commission report. Failure to act shall be deemed a rejection.

      (4)   In the event tentative approval is granted subject to conditions, the landowner shall, within 45 days after receiving a copy of the conditions of the Council, notify the Council in writing of the acceptance or refusal to accept all conditions. Refusal by landowners shall constitute denial of the plans by the Council. Failure of the landowner to notify the Council of his or her acceptance or denial of the conditions to the plan constitutes acceptance of the conditions.

      (5)   The acceptance, rejection or modification 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, findings of facts and conclusions based on the following:

         (a)   The plan is consistent with the stated objectives of planned unit developments and the city’s Comprehensive Plan;

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

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

         (d)   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.

   (C)   Final development plan; approval.

      (1)   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 the part thereof submitted for final approval, is in substantial compliance with the plan given tentative approval.

      (2)   (a)   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.

         (b)   The landowner may:

            1.   Treat the notification as denial of the final approval;

            2.   Re-file his or her plan so that it does substantially comply with the preliminary plan; and

            3.   File a written request with the Planning Commission that it hold a public hearing on its application for final approval.

         (c)   Any such hearing shall be held within 30 days after request for such hearings is made. Within 45 days of either the hearing or re-filing, the Planning Commission shall recommend and the Council shall, by resolution, either grant final approval of the plan or deny final approval of the plan.

      (3)   Should approval of a planned unit development necessitate a change in this chapter, the change shall be facilitated by amendment of the ordinance following notice and public hearing(s) as required by the city ordinance. The Zoning Administrator shall then change the zoning classification on the Official Zoning Map if a zoning change was made. The planned unit development area shall be designated on the Official Zoning Map as an overlying PUD District whether or not a zoning change was made. The final plan and all supporting documents shall be filed with the preliminary plan and together they will form the terms and conditions establishing and governing the PUD District.

      (4)   Building permits shall not be issued for any of the structures, nor shall land alterations be made until the following conditions are met, waived or altered upon recommendation of the Planning Commission and approval of the City Council:

         (a)   Public open space has been dedicated and officially recorded;

         (b)   A cash payment in lieu of land donation has been made to coincide with construction of each building according to the negotiated agreement;

         (c)   The design and construction specifications for all utilities, street improvements and mass grading have been approved by the City Engineer;

         (d)   Any private by-laws, covenants and deed restrictions have been approved by the City Attorney;

         (e)   The construction plans for proposed structures have been approved by the Building Inspector;

         (f)   The final plat (if necessary) has been approved by the city and recorded with appropriate governmental agencies as required by law; and/or

         (g)   The detailed site development plans have been approved by all appropriate city staff members and the Council and the signatures appear on the plans.

   (D)   Non-compliance; inspection.

      (1)   In the event that a plan, or a section thereof, is given final approval and thereafter the landowner shall abandon the plan or the section thereof that has been finally approved, the landowner shall, within 30 days, so notify the Council in writing. In the event the landowner shall fail to commence the planned development within 12 months after final approval has been granted, the final approval shall terminate and be deemed null and void unless the time period is extended by the Council upon written application of the landowner.

      (2)   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 according to schedule, the owner shall be required to submit a written statement to the Zoning Administrator setting forth the reasons for the lack of progress.

      (3)   Within 30 days of the notice, the Council shall either revoke the approval of the PUD provisions, and the land shall thereafter be governed by the regulations applicable in the district in which it is located, or it shall take such steps as it shall deem necessary to compel compliance with the plans as approved, or it shall require the owner to seek an amendment of his or her plan as provided below.

      (4)   After final approval, no planned unit development plan shall be amended, except by the Council after a public hearing before the Planning Commission; provided, however, that, the approved development schedule of the plan may be extended for no more than one year by the Council without any hearing or Planning Commission action.

(Prior Code, § 11.11)