(A)

The purposes of these regulations are to provide greater design flexibility in the development of land when consistent with the comprehensive plan and intent of this chapter. The use of planned unit development (PUD) zoning classifications shall be encouraged when the use of such regulations promotes a harmonious variety of uses, and/or fosters the creation of attractive, healthful, efficient and stable environments for living, shopping or working.

(B)

The PUD regulations and procedures may apply to the redevelopment of presently developed lands, or the development of open or vacant developments and their relationship with other surrounding uses and the overall characteristics of the area in which located.

(C)

PUD regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design and layout of sites and buildings and by the conservation and more efficient use of open spaces and other amenities generally enhancing the quality of life.

(D)

Planned development projects should also encourage a more efficient use of land that reflects the changes in the technology of land development so that resulting economies may accrue to the benefit of the community at large.

(E)

To enhance the purpose and intent of the PUD, the provisions of Section 94-33 of this chapter may be modified by specific finding of the plan commission that the proposed PUD provides and allows for a deviation(s) in the standards consistent with this chapter, the intent of which will allow more development resulting in economies that accrue to the benefit of the community at large through the use of a PUD. Under this provision, the commission shall consider and apply the buffering requirements set out in Section 94-38 of this chapter when considering a PUD.

(Ord. No. 2001-1478, 11-19-2001)

(A)

The general character of the dominant use of the development, as provided by this chapter, shall identify PUD proposals reviewed by the commission.

(B)

Such proposals shall be classified by the following designations.

(1)

PUD-R - planned unit development - residential. Any development consisting of not less than three acres in which more than 80 percent of the interior floor area of all buildings to be included in the development are used for residential purposes or those accessory purposes customarily related to residential use.

(2)

PUD-B - planned unit development - business. Any development consisting of not less than four acres in which all of the interior floor area of all buildings to be included in the development is to be used for business and commercial purposes.

(3)

PUD-I - planned unit development - industrial. Any development consisting of not less than five acres in which more than 80 percent of the interior floor area of all buildings to be included in the development are used for industrial or manufacturing purposes or such accessory uses customarily relating to industrial uses with the balance of such interior floor area, if any, being intended for such commercial uses as reasonably relate to the support or convenience of the intended industrial uses or their occupants.

(4)

PUD-E - planned unit development. A development not otherwise distinguishable under any previous classification, containing less than the minimum land area and/or less than the stated minimum proportions of any single dominant use or function, and in which the proposed uses of interior and exterior spaces require unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions.

(Ord. No. 2001-1478, 11-19-2001)

Any person, corporation, partnership or association having an ownership interest in a proposed development, or any group of owners united in interest, acting jointly, and in pursuance to an agreement to carry out the proposal in separate ownership may propose a PUD district in accordance with the procedures hereinafter established, where such proposal intends to act as developer or sponsor of the development if the zoning change is adopted and indicates the requisite capabilities to carry out such proposal. A parcel, or site proposed for PUD need not be under single ownership where the proposed development consists of a group of structures or improvements capable of being developed separately abut in accordance with a single, unitary plan and in which the separate owners have given their express intentions to enter into such private agreements between or among themselves as will facilitate their mutual enterprise, and assure its completion as planned to the satisfaction of the plan commission.

(Ord. No. 2001-1478, 11-19-2001)

The authorization of a PUD shall be subject to the procedures expressed herein.

(A)

Submission of a petition and all other documents required for rezoning for the appropriate PUD classification, which petition shall be signed by the owner or owners of all real estate involved in the petition for the PUD, or which petition shall have attached thereto the notarized consent of all such owners to the filing of such petition, and to the change to a PUD classification of their real estate included.

(B)

The petition, which shall include a preliminary plan and plat for any area proposed for development as a PUD, shall be filed with the commission. The preliminary plan and plat shall include:

(1)

Proposed layout of streets, open space and other basic elements of the plan to include identification of the approximate location and types of building; approximate size and height; their use categories within the area; and including proposed densities of said uses and lot dimensions if applicable. Individual lots need not be shown but may be created individually as part of the approval of the final detailed plan. If individual buildings are not shown, the plan must have minimum development standards for front, side and rear yards setbacks, maximum land coverage by buildings and parking lots, maximum height of buildings, surface type of driveways and parking area, proposed street standards with typical sections. The proposed land use for each area or area(s) of the PUD must be given in adequate detail for the commission to make a determination as to the compatibility of uses within the PUD and with uses on the perimeter of the PUD. Where individual lots are not shown, the commission can require that a typical lot development plan be placed on the preliminary plan plat;

(2)

Proposals for handling traffic including street standards and typical sections, parking, sidewalks, water supply, sewage disposal, storm drainage, retention/detention basins and systems, tree preservation and removal, landscaping, lighting, signage and other pertinent development features that may not be specific to an individual lot, but will apply to the development as a whole;

(3)

A separate location map to scale shall show the boundary lines of adjacent land and the existing zoning of the area proposed to be developed as well as the adjacent land;

(4)

The condominium declaration (if applicable), a document creating an owners' association and any covenants to be made a part of the PUD as well as the order and estimated time of development;

(5)

Provide a statement of the proposed order of development for the major elements of the project, including whether the development will be accomplished in phases or sections and, if so, the order and content of each phase or section; and

(6)

A statement certified by a registered engineer or registered land surveyor stating that development has or will be designed in accordance with the city or county storm water and erosion control management plan chapter and design manual.

(C)

The developer shall provide the subdivision with a water system, fire hydrants, and sanitary sewers if the subdivision is located within the corporate limits of the city. PUDs outside the corporate limits of the city shall be served by a water utility and sanitary sewers whenever possible. Spacing and location of any fire hydrants shall be based upon the recommendation of the respective fire chief of the area being served.

(D)

The preliminary plan shall be presented at a scale ratio not to exceed 100 feet equals one inch. The preliminary plan may include any additional graphics, which will explain the features of the development. Four copies of the preliminary plan shall be given to the city superintendent and a certified letter sent to all checkpoint agencies advising them that the preliminary plan is available for review at the office of the city superintendent, at city hall, giving a brief detailed description of the proposed plan, including estimates of the number of employees, households and type of traffic related to the development. It shall also be provided to the following checkpoint agencies for their review and comment:

(1)

City superintendent;

(2)

City police department and county sheriff's department when outside of the city limits;

(3)

Metropolitan school district of the city and any other school district which is affected;

(4)

County soil and conservation district;

(5)

County highway department; and

(6)

City fire department and any other fire department which is also included in the area served.

(E)

After filing, the commission shall meet with the petitioner regarding the preliminary plan and checkpoint agency comments. Checkpoint agency personnel may attend this meeting to provide comments. After such consultation, the petitioner may make modifications to the petition.

(F)

After the meeting described in subsection (E) above and after making any modifications to the proposed preliminary plans, the petitioner shall file four copies of the final proposed preliminary plan which shall include:

(1)

All documents included in the preliminary plan;

(2)

An index identifying all documents included in the preliminary plan;

(3)

A cover sheet indicating that it is the final proposed preliminary plan indicating the date and zoning case number; and

(4)

All documents therein reduced to a size no larger than eight and one-half by 14 inches except for the maps, sketches, and plat (if any).

(Ord. No. 2001-1478, 11-19-2001)

(A)

Filing for a public hearing on the preliminary plan shall be in accordance with all provisions, conditions and limitations of Article X of this chapter.

(B)

(1)

The petition, as modified, shall then be heard by the commission as a petition for zoning map amendment and subject to the procedures applicable thereto. The commission may recommend approval or disapproval of the plan and may impose any reasonable condition(s) with its affirmative recommendation.

(2)

If disapproval is recommended, the application shall not be certified to the city council. If approval is recommended, four copies of the preliminary plan shall be stamped "approved preliminary planned development" and be signed by the chairperson and secretary of the plan commission.

(3)

One copy shall be permanently retained in the office of the city superintendent, one copy to the city engineer, one copy shall be returned to the petitioner and one copy and all conditions shall be certified as described in subsection (C) below.

(C)

The approved preliminary PUD shall then be certified to the city council for adoption as a PUD district pursuant to the laws governing proposals to change zoning maps. Upon adoption by the legislative body, the petitioner shall prepare his or her final detailed plan.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Before any development or site improvement takes place, the petitioner shall file with the commission four sets of final detailed plan specifying the location, composition and engineering design of all lots, storm drainage, sanitary sewage, water supply facilities, public or private street, recreation facilities, site perimeter treatment, landscaping, plat and other site development features including locations of buildings. The petitioner shall also file the original of all signed and notarized documents pertaining to restrictive covenants, condominium declaration and/or the creation authority to review or act thereon, except as to enforcement, except as to an amendatory article, and except as hereafter provided for. All infrastructure plans shall be approved by the city engineer prior to approval of any final detailed plan.

(B)

The approved preliminary plan may provide for development of the property involved in phases or sections. If such phasing or sections is included as a part of the approval of the preliminary plan, the petitioner may submit partial final detailed plans that correspond to the phases or sections involved. Such partial final detailed plans, when approved, shall be treated in the same manner as approved final detailed plans for an entire PUD. A fee, per Section 94-140 of this chapter shall be paid for each phase, section or portion of the preliminary plan for which final detailed plan approval is requested.

(C)

The approved final detailed plan or phase thereof shall be stamped "approved final detailed planned unit development" and be signed by the chairperson and secretary with one copy permanently retained in the office of the city superintendent following recordation.

(D)

Unless extended by the commission pursuant to Section 94-95(A) of this chapter, approval of the first phase or section of the final detailed plan shall be obtained within two years and approval of all other phases or sections of the final detailed plan shall be obtained within six years after adoption of the PUD district by the city council. Prior to approval of any phase of section of the final detailed plan, performance and maintenance surety shall be provided for all infrastructure of the phase or section in accordance with Section 94-200 of this chapter.

(E)

If the zoning district is in place, but no final detailed plan has been approved within two years after adoption of the PUD district, the commission may initiate an amendment to the zoning map to change the district designation of the land.

(F)

In the exercise of continuing jurisdiction, the commission may from time to time approve only minor modifications of the approved final detailed PUD in a manner consistent with the approved preliminary PUD. Such modifications shall not include any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, any change in type of use or any change in access points.

(G)

Approval of a final detailed plan shall expire two years after the date of the final approval of the phase or section of the plan unless that phase or section is 50 percent completed in terms of public improvements including streets, parks, walkways, utility installations and sanitary sewers. The commission upon a recommendation of the city superintendent shall make determination of the amount of completion. Following expiration of the final detailed plan, the city shall declare the surety to be in default and cause all public improvements to be installed according to the final detailed plans.

(Ord. No. 2001-1478, 11-19-2001)

(A)

All covenants, when required by the commission, shall be set forth in detail and shall provide for a provision for the release of such restriction by execution of a document so stating and suitable for recording, signed by the commission chairperson and secretary upon authorization by the commission and all of the owners of property in the area involved in the petition for whose benefit the covenant was created. Such covenants shall provide that their benefits run to the commission and shall be specifically enforceable by the commission.

(B)

The commission may require the recording of covenants for any reasonable public or semi-public purpose, including, but not limited to, the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities, and other public and semi-public purposes. Such covenants may provide that if a governmental unit or agency thereof does not proceed with acquisition of the allocated land within a specified period of time, the covenants shall automatically terminate. If such termination occurs, the petitioners shall then submit for approval by the commission a modified final detailed plan for such land, otherwise consistent with the approved preliminary PUD.

(C)

The commission may require the recording of covenants for any other reasonable purpose, including, but not limited to, imposing standards for development of property in a PUD. Such development standards may include, but are not limited to, requirements as to the following:

(1)

Lot area;

(2)

Floor area;

(3)

Ratios of floor space to land area;

(4)

Area in which structures may be built ("buildable area");

(5)

Open space;

(6)

Setback lines and minimum rear yards;

(7)

Building separations;

(8)

Height of structures;

(9)

Signs;

(10)

Off-street parking and loading space;

(11)

Design standards (including landscaping requirements); and

(12)

Phasing of development.

(D)

Adequate provision shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities including private streets jointly shared by such property owners if such facilities are a part of the planned development, and, in such instance legal assurances shall be provided and recorded which show that the private organization is self-perpetuating.

(E)

(1)

Common facilities, which are not dedicated to the public, shall be maintained to standards assuring continuous and adequate maintenance.

(2)

Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(F)

(1)

All private streets shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area.

(2)

All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(Ord. No. 2001-1478, 11-19-2001)

(A)

(1)

All approved final detailed PUD plans, plats and modifications thereof shall be recorded in the office of the county recorder within two years after approval, but not before completion of all infrastructure or improvements or submittal of a performance bond in an amount equal to 100 percent of the cost of any uncompleted work.

(2)

Failure to so record shall automatically void the approval of the final detailed planned unit development.

(B)

Upon completion of all development, where the exact measurements as to the location of buildings or structures erected during the development are deemed desirable for public record by recording thereof, the developer may submit a copy of the approved final detailed PUD to the commission as an amended approved final detailed PUD with the exact measurements thereon shown and, upon being satisfied that the measurements are substantially the same as indicated on the original approved final detailed PUD, shall re-approve, date and sign said amended approved final detailed PUD, which the developer shall then record.

(Ord. No. 2001-1478, 11-19-2001)

An improvement location permit shall be issued for any phase or section of a PUD district upon application showing full compliance with the approved final detailed PUD for that phase or section.

(Ord. No. 2001-1478, 11-19-2001)

(A)

No construction or installation work shall be done on any public improvements until the petitioner has, at least 48 hours in advance, notified the appropriate governmental inspector of his or her intention to begin such work, in order that inspections may be made as the work progresses.

(B)

All development shall be in conformity with the approved and recorded final detailed PUD and any material deviations from the approved and recorded final detailed PUD shall be subject to appropriate enforcement action as provided for in this chapter.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Extensions of the time for accomplishing any matters set forth herein may be granted by the commission at a public hearing for good cause shown.

(B)

Upon the abandonment of a development authorized under this section (Abandonment shall be deemed to have occurred when no improvements have been made pursuant to the approved final detailed PUD for 12 consecutive months), or upon the expiration of two years from the approval of a final detailed PUD for a development which has not been completed, an amendment may be initiated as provided by law to the zoning category or categories which the legislative body deems appropriate.

(Ord. No. 2001-1478, 11-19-2001)

All proceedings brought under this section shall be subject to the rules of procedure of the plan commission, where not inconsistent with the procedure otherwise stated herein.

(Ord. No. 2001-1478, 11-19-2001)

Except as provided in Sections 94-90(E) and 94-95(B) of this chapter, the plan commission shall not initiate any amendments to the zoning map concerning the property involved in a PUD before completion of the development.

(Ord. No. 2001-1478, 11-19-2001)