(a)

The planned unit development districts are established to permit the combination of the subdivision of land and zoning review into one process. The combination review permits a development proposal to be acted upon simultaneously by the developer and the city. This system is advantageous when the developer who plats the land and provides access and utilities is the same developer to actually construct the buildings and provide the amenities that make the overall project marketable. An additional advantage is that the approved PUD plan remains intact even if transfer in ownership occurs. The approved PUD plan represents a commitment by both the developer and the city.

(b)

The PUD process permits more flexibility in the choice of housing types, the arrangement of varied land uses, and the use of generalized rather than specific development regulation. By permitting and encouraging the use of such procedures, the planning commission and the city council will be able to make more informed land use decisions and thereby guide development more effectively in the best interest of the health, safety and welfare of the city. The PUD process has a built-in public awareness aspect that ensures citizen involvement prior to final commitment to development.

Two types of planned unit development districts are established:

(1)

The planned residential district may be referred to and will be indicated on the zoning map as PRD.

(2)

The planned commercial district may be referred to and will be indicated on the zoning map as PCD.

The PRD is intended to accommodate a variety of housing styles and densities and may include retail commercial activities geared to the PRD resident market. The purpose, intent and application of the PRD is as follows:

(1)

To most effectively utilize land areas in the city which have characteristics such as steep slopes, floodplain proximity, river view and the like which makes conventional platting and rigid bulk and area requirements of zoning difficult to apply;

(2)

To encourage a variety and flexibility in land development and land use in a zone that will be predominantly residential; and

(3)

To maximize the enhancement of and minimize the disruption of existing natural features and amenities found in the PRD sites.

Permitted uses in the PRD district may include:

(1)

Residential uses (including accessory or temporary uses as specifically described) permitted in the R-1, R-2 and R-3 districts of this chapter. Accessory or temporary uses must conform to the use most closely resembling the use in the PRD, i.e., if the use resembles an R-1 zone, those accessory or temporary uses allowed in an R-1 will be allowed.

(2)

Parks, public and private recreational facilities and open space.

(3)

Public and institutional uses such as schools, churches and public utilities.

(4)

Retail commercial uses permitted in the C-1 zone marketing products for the convenience of the neighborhood, low traffic generation offices and offices for professionals. The gross leasable area devoted to retail commercial or offices or in combination shall not exceed four percent of the total gross floor area in the development.

(Ord. No. 691, § 2, 4-20-2009)

Wireless communication facilities in compliance with section 78-71 are permitted as a conditional use.

(Ord. No. 332, § 2(L), 1-21-1999)

The PCD is intended to accommodate a mix of retail, wholesale commercial, office, light industrial uses, and residential when mixed with commercial development, and whose purpose is redevelopment, economic development and cultural enrichment in a single-purpose or mixed-use planned development. The light industrial use is construed to be in character with those of small trades manufacturing, light warehouse and other type uses serving the local market and last mile logistics. The purpose and application of the PCD is as follows:

(1)

To encourage orderly and systematic mixed commercial/residential areas that combine endeavors of commerce into a rational, mutually beneficial arrangement accounting for vehicular and pedestrian circulation, access and egress, loading, landscaping, buffer strips, and areas of common usable open space.

(2)

To encourage clusters, centers and preplanned groupings of buildings within areas specifically designed to accommodate mixed uses and to discourage the proliferation of freestanding commercial or industrial uses along thoroughfares.

(Ord. No. 1105, § 1, 2-5-2024; Ord. No. 1116, § 1, 4-1-2024)

Permitted uses in the PCD district may include:

(1)

Retail commercial uses suggested in the C-1 and C-2 districts.

(2)

Wholesale commercial uses.

(3)

Office uses.

(4)

Public and institutional uses.

(a)

Industrial uses. It is the intent of this section to be highly restrictive in determining the appropriateness of light industrial uses in the PCD zone. Industrial uses in the PCD zone shall not exceed 25 percent of the combined gross area of other commercial and residential uses in a given PCD development proposal. There shall be no percentage restriction imposed in a PCD on the east side of Maumelle Boulevard, north of Carnahan Drive and south of Union Pacific Railroad.

(b)

Communication facilities. Wireless communication facilities in compliance with section 78-71 are permitted as a conditional use.

(c)

Residential uses suggested by the R-2 and R-3 districts. Residential uses must comply with the maximum coverage provisions in section 94-449(b)(2). When deciding whether to grant a conditional use permit for a residential use in a PCD, the planning commission and city council shall also consider the densities designated by the land use plan; the densities of surrounding development; the densities allowed under the various zoning districts; the urban development goals and other policies of the city; the topography and character of the natural environment; and the impact of a given density on the specific site and adjacent properties.

(d)

Outdoor amusement and recreation establishments.

(Ord. No. 332, § 2, 1-21-1999; Ord. No. 1105, § 2, 2-5-2024; Ord. No. 1116, § 2, 4-1-2024; Ord. No. 1118, § 6, 5-20-2024)

(a)

Generally. The planning commission shall consider the proposed planned unit development in light of the intent and purpose of the district as described in sections 94-441 and 94-443 (PRD) or 94-446 (PCD). The planning commission shall determine that specific development features, including project density, building locations, common usable open space, shall be combined in such a way as to further the health, safety, amenity, welfare, and cultural enrichment of the city. The planning commission shall also apply the same general review guidelines as those utilized for zoning and subdivision applications in chapters 70 and 94, respectively. Finally, the planning commission shall apply the standards and review guidelines set forth in this section, in addition to the following criteria:

(1)

The compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood;

(2)

The urban development goals and other policies of the city;

(3)

The need for the proposed development;

(4)

The effect of the proposed development on the future development of the area;

(5)

That the land surrounding the proposed development can be planned in coordination with the proposed development;

(6)

That the existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed development and in the vicinity of the proposed development;

(7)

That existing and proposed utility services are adequate for the proposed development;

(8)

That the proposed development creates a desirable and stable environment; and

(9)

That the proposed development makes it possible for the creation of a creative, innovative and efficient use of the property.

(b)

Density and intensity.

(1)

Residential density. Planned unit development residential densities shall be determined on the basis of the following considerations: the densities designated by the land use plan; the densities of surrounding development; the densities allowed under the various zoning districts; the urban development goals and other policies of the city; the topography and character of the natural environment; and the impact of a given density on the specific site and adjacent properties. The following specific guidelines shall be used in evaluating an application:

(2)

Lot coverage. The planning commission shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts the development scheme. When considering a mixture of residential and commercial/light industrial in a PCD, the following specific guidelines also apply:

(A)

Exterior lot coverage: Ground floor lot coverage along or fronting public or private streets abutting the development shall be 100 percent commercial or light industrial, with second and above floors allowing a mixture of uses as described in section 94-447 and conditional uses in section 94-448. The planning commission may recommend that the city council waive this 100 percent requirement for a development due to specific characteristics unique to the property so long as the development meets the remaining requirements guidelines and criteria.

(B)

Residential density: The development shall comply with the density and intensity goals outlined in subsection 94-449(b)(1) for residential density in a mixture of residential and commercial/light industrial in a PCD.

(c)

Lot size, setback and building height.

(1)

Lot size. There shall be no minimum standards although existing standards of zoning and subdivision regulations will be used as a guide.

(2)

Setback. There shall be no minimum standards although existing standards of zoning and subdivision regulations will be used as a guide.

(3)

Building height. There shall be no maximum building heights except as may be determined by the planning commission during the review of the preliminary development plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. All height proposals shall be reviewed by the department of public safety. Building height within a planned unit development may differ from parcel to parcel, but in no instance shall building heights within a parcel exceed the height generally permitted for similar uses within the conventional zoning districts wherein the use would normally be located. A lesser height may be established by the planning commission when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the city.

(d)

Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the planning commission shall require landscaping and screening as a part of a planned unit development. The nature and extent of screening and landscaping required shall be determined by the planning commission, based on the vehicular landscape requirements (chapter 90) and in relation to the overall character of the development and its specific location. As part of the final development plan, a detailed screening and landscaping plan shall be submitted to the planning commission. Landscape plans shall show the general location, type and quality (size/age) of plant material. Screening plans shall include typical details of fences, berms and plant material to be used. Existing trees shall be preserved whenever possible. The location of trees must be considered when planning the common open space, location of buildings, underground services, walks, paved area, playgrounds, parking areas and finished grade levels.

(e)

Open space. Well-designed open space is an important factor in providing for innovative design and visual attractiveness. Open space shall be evaluated utilizing the following general guidelines:

(1)

A minimum of ten to 15 percent of gross planned residential district (PRD) areas shall be designated as common usable open space.

(2)

Single-family, duplex, zero-lot-line and townhouse developments shall have a minimum of 500 square feet of usable private open space per unit.

(3)

No more than half the common usable open space may be covered by water.

(4)

At least 50 percent of the required common usable open space shall conform to the average overall slope within the development.

(5)

Recreation facilities or structures and their accessory uses located in common areas shall be considered as usable open space as long as the total impervious surfaces such as paving and roofs constitute no more than ten percent of the total open space.

(6)

Landscaped roof areas, accessible to all residents, may be counted as usable common open space at a value of 60 percent of the actual roof area devoted to their use.

(7)

A minimum of ten percent of gross planned commercial district (PCD) areas shall be designated as landscaped open space, not to be used for streets or parking.

(f)

Traffic circulation. The following traffic circulation guidelines shall apply:

(1)

The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes.

(2)

Sites without access to either collector or arterial streets shall be developed at a density not to exceed 12 units per gross acre.

(3)

The traffic circulation system shall be comprised of a hierarchical scheme of local, collector and arterial streets, each designed to accommodate its proper function, and in appropriate relationship with one another and the master street plan.

(4)

Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses.

(5)

Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned unit development.

(6)

Internal local streets shall be designed to discourage through traffic within the planned unit development and to adjacent areas.

(g)

Parking standards. The off-street parking and loading standards are found in specific gross usable or leasable floor areas of the respective use areas.

(h)

Perimeter treatment. Notwithstanding any other provisions of a planned unit development district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter, chapter 70 and chapter 90.

(i)

Financing of public improvements. Where financing for public improvements needed to accommodate a proposed planned unit development is insufficient, the planning commission shall encourage the applicant to establish improvement districts or other equitable means of financing these improvements.

(j)

Drainage. The proposed development shall include on-site and downstream drainage to protect watercourses from erosion and siltation and to preserve natural site amenities.

(Ord. No. 1105, § 3, 2-5-2024; Ord. No. 1116, § 3, 4-1-2024)

The following standards of eligibility must be met relating to location, ownership and size. Projects may be staged at the option of the developer.

(1)

Location.

a.

Eligible properties shall lie within the corporate limits of the city or within the extraterritorial limits over which the city exercises zoning jurisdiction as permitted by state law. This area limitation is made even though subdivision platting is a part of the PUD process which, without zoning, would be applicable to the entire extraterritorial planning area.

b.

The intent is to apply the PRD district to areas designated as special use residential and to confine the PCD to the area designated as commercial/industrial as shown on the interim land use plan. PCD will not be allowed in other commercial zones.

(2)

Ownership. Eligible applicants for preliminary plan review must be the landowners of record, holders of a lease for not less than 50 years, or their authorized agent and beneficiaries of all properties in question. The approved final development plan shall be binding on all subsequent owners of the land until revised or repealed as authorized in this division.

(3)

Minimum size. Eligible properties must normally be two acres or larger in size (gross acreage). Slightly smaller parcels may be eligible, provided the applicant can show that the proposed planned unit development can meet the intent and regulations of this division without injury to the public health, safety and welfare.

(4)

Staging.

a.

While this division encourages submission of comprehensively planned development proposals of entire ownerships, a preliminary development plan need not cover the entire property owned by the applicant.

b.

Applicants may choose to submit a phased development program incorporating incremental final development plans and plats for subareas of the entire ownership. Although the entire ownership must be shown, a boundary survey or some type of device showing streets, drainage or other boundary feature must be provided in order to phase development. Where this is done, the applicant shall adhere to the approved development schedule for the phased submission of final development plan and plat.

c.

If the applicant cannot adhere to the time period approved, a written request for extension may be submitted to the planning commission. A maximum of two one-year extensions may be granted by the planning commission, which, upon demonstration of good cause, shall not unnecessarily withhold approval. Additional extensions shall require approval of the city council.

(a)

Generally. The planned unit development application procedure shall consist of three phases:

(1)

A preapplication conference with the city planning and permits department;

(2)

A preliminary development plan reviewed by the planning commission and the city council; and

(3)

Final development plan and plat approved as a whole or in phases by the planning commission and staff following its review for compatibility with the preliminary plan.

The final development plan and plat shall be approved prior to the issuance of any building permits within any portion of the planned unit development.

(b)

Preapplication conference.

(1)

Before submitting an application for any planned unit development, the landowner or his authorized agent shall confer with the staff in order to become familiar with the planned unit development review process.

(2)

The applicant will inform the staff about the location, the provision of access, the utility requirements, the intended use of land and structures, and timing of construction.

(3)

The staff will inform the applicant of city policies regarding access and utilities, and of any perceived potential problems that might arise in execution of the PRD or PCD.

(c)

Preliminary development plan review. An applicant seeking the planned unit development of property shall submit to the staff a preliminary development plan and all the necessary fees at the time of the filing. The preliminary development plan will be reviewed by staff and any affected city departments, and their recommendations shall be forwarded to the planning commission. A public hearing for the preliminary plan shall be set not later than 60 days after filing. The submission and notification requirements for a preliminary development plan shall be the same as for the rezoning of any lot, parcel, or tract of land, in that a public hearing, advertisement, and notification of landowners within 300 feet of the affected property shall be required. At the public hearing before the planning commission, the applicant and interested citizens will have the opportunity to discuss the merits of the planned unit development proposal. The planning commission will assess the proposal in light of regulation guidelines and will take action after weighing the recommendations of the staff, the developer's presentation, and the community's response. The commission shall approve, grant approval conditioned on specified modifications, or disapprove the planned unit development proposal. The applicant will receive written notification of the action taken by the planning commission within ten days of the meeting date.

(1)

Approval. If the preliminary development plan is approved by the planning commission, it will be forwarded to the city council for their review. The city council may grant, deny, defer for requested changes or information, or return the application to the planning commission for further study. The city council may direct the planning commission to reconsider specific aspects of the preliminary development plan. The approval of the preliminary development plan does not constitute the recording of a plat or authorize the issuance of a building permit. Both of these actions are contingent on approval of the final development plan and plot. The approved preliminary plat permits the completion of subdivision construction, streets, grading, utilities and the like. If the preliminary application is approved, a post-preliminary application conference shall be held between the applicant and the staff. This conference will be held to discuss what changes were required by the city council. The staff will inform the applicant of any plan alteration or additional information which must be submitted for the final development plan/plat review.

(2)

Modification.

a.

If the preliminary development plan is conditionally approved, the applicant shall have 90 days from the date of the planning commission action granting conditional approval, to submit a revised preliminary development plan. If the staff determines such revisions are in conformance with the planning commission's specific recommendations, it shall be forwarded to the city council for public hearing and disposition. If the revisions are determined not to be in conformance with the intent of the conditional approval, the revised preliminary development plan will be resubmitted to the planning commission for public hearing.

b.

A public hearing need not be held to consider modifications on location and design of streets or facilities for water, stormwater, sanitary sewers, or other public facilities required as a tentative condition of approval of the preliminary development plan. The burden shall, nevertheless, be upon the landowner to show the planning commission good cause for any variation between the preliminary plan previously approved, and the final plan and plat submitted for approval.

c.

If the planning commission finds that only minor differences exist in the final development plan and plat, the commission shall approve final disposition.

(3)

Disapproval. If a preliminary development plan is denied, the applicant may appeal to the city council, provided a written request is filed within 30 days of the denial by the planning commission.

(d)

Final development plan and plat.

(1)

The applicant shall generally have one year from the date of preliminary plan approval to submit the final development plan and plat. In cases where a phased preliminary development plan is approved, an approved submission schedule for incremental final development plan and plat shall be followed. Requests for extensions shall be submitted in writing to the planning commission, which shall not unreasonably withhold approval. A maximum of two one-year extensions may be granted by the planning commission. Additional extensions shall require approval by the city council. Time extensions must be applied for before the time elapses on all preliminary approvals.

(2)

Except as provided for below, the final development plan and plat review shall be conducted by the planning commission and staff. They will review the final development plan and plat to determine that no substantial changes were made to those elements of the plan agreed upon in the preliminary development plan. If substantial changes are found to have been made to the agreed elements, the application must be resubmitted for preliminary development plan review. The planning commission will also determine that those elements conditioned by the city council were altered to meet the city council's specific requirements. Final plat approval shall be held in abeyance till such time as an as-built inspection has been accomplished and concurs with the final development plan and plat.

(3)

The final development plan and plat shall be deemed to be in substantial compliance with the preliminary development plan provided the plan and plat do not:

a.

Increase proposed floor area for nonresidential use by more than five percent.

b.

Increase total building coverage by more than five percent.

c.

Increase building height by more than five percent.

d.

Increase total number of dwelling units by more than five percent within a given phase. Fluctuation shall be permissible, provided overall density is maintained.

(4)

The final development plan and plat may be approved at a staff level if the above submission requirements are met and the final development plan and plat are deemed to be in substantial compliance with the preliminary development plan and plat, provided that the plan and plat do not:

a.

Increase proposed floor area for nonresidential use.

b.

Increase total building coverage.

c.

Increase building height.

d.

Increase total number of dwelling units within a given phase. Fluctuation may be permissible, provided overall density is maintained.

(5)

Approval or disapproval of a final development plan and plat by the planning commission or planning staff shall occur within 60 days of the filing of the plan. If the plan as submitted contains variations of substance from the previously approved preliminary development plan, the planning commission may, after meeting with the landowner, refuse to grant final approval and shall so advise the landowner in writing of the refusal, setting forth the reasons such variations are not in the public interest.

(6)

The landowner may either resubmit the final development plan and plat in conformance with the preliminary development plan, or file a written appeal with the city council within 45 days of the refusal date. If such an appeal is filed, the city council shall schedule a public hearing to consider the application.

(7)

After the final development plan and plat has been approved, the applicant shall enter into an agreement with the city in order to install the required public improvements. The applicant shall either:

a.

Post a performance bond in an amount determined by the project engineer and approved by the mayor, the deposit to be placed in an interest-bearing account with interest credited to the applicant and subject to an agreement permitting the city to use the deposit for completion of the improvements if the applicant becomes in default under the contract for improvements; or

b.

Enter into a triparty agreement with the city and project lender requiring that:

1.

The funds for the required improvements will be set aside and held separate from the balance of the development financing.

2.

The funds set aside will be disbursed only for the required public improvements and for no other purpose.

3.

The funds will be disbursed in direct payment for completion of the improvements if the applicant becomes in default under the contract for improvements.

(8)

The execution of a certificate of approval for final construction plans for public improvements shall be authorized by the staff after receiving the documents mentioned in this subsection and making the necessary field checks. After compliance has been reached with all provisions of the PUD regulation, the engineer of record shall present to the staff the original documents, which after application of proper signatures shall be recorded with the county clerk's office.

(Ord. No. 626, § 1, 12-4-2006; Ord. No. 1061, § 4, 5-2-2022)

As part of the application process, the applicant shall be required to submit the following documents and information:

(1)

Preliminary development plan submittal.

a.

A statement describing the character of the development and including the rationale behind the assumptions and choices made by the application.

b.

Quantitative data, including the following information:

1.

Parcel size.

2.

Types and numbers of uses and floor areas by use.

3.

Ratio of building coverage and percentage of floor area occupied by permitted uses.

4.

Total acreage of private and common usable and nonusable open space by type.

c.

A site plan meeting the following requirements:

1.

Submitted on a sheet not to exceed 24 inches by 36 inches, or less than 12 inches by 24 inches, and containing a small-scale vicinity map. Informational items may be developed as overlays of the basic map.

2.

To scale (scale indicated) and directionally oriented.

3.

Proposed lot lines and plot designs.

4.

Existing and proposed circulation system of all streets (arterial, collector, residential), including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way (ingress and egress).

5.

Existing and proposed pedestrian circulation systems.

6.

Proposed treatment of the perimeter of the property, including materials and techniques used such as screens, fences and walls as well as description of uses, setbacks and their relationship to surrounding uses.

7.

General schematic landscape plan of the treatment of the area used for private and common open space (including open space buffers).

8.

Location and size of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, and similar public and semipublic uses.

9.

Location, dimensions, nature of all existing and proposed easements (utility, streets) and public improvements (drainage, sewers, water, etc.).

10.

Indication of the location of structures and structure dimensions, dimensioned distances between buildings, and distance from structures to property lines.

11.

Description of the following existing conditions of the property:

i.

Contours at two-foot intervals.

ii.

Watercourses.

iii.

Floodplains.

iv.

Unique natural features.

v.

Forest cover.

12.

A legal description of the total site proposed for development, including a statement of present and proposed ownership.

13.

A development schedule indicating the approximate date when construction of the planned unit development or stages of the planned unit development can be expected to begin and be completed.

14.

A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned unit development, including land areas, and dwelling units.

15.

An approved preliminary plat in accordance with the subdivision regulations for the city, chapter 70.

(2)

Final development plan and plat submittal. The final development plan and plat shall contain or include all information required in a preliminary plan, plus the following:

a.

A letter from the applicant requesting final development plan review.

b.

A description of the maintenance provisions of the development.

c.

Final subdivision plat.

d.

Survey of the property.

e.

The proposed development schedule, including:

1.

Starting date.

2.

Dates when various phases are projected to be completed.

f.

A site plan with the required preliminary plan information, plus the following:

1.

Indication in feet of the interior curb radius for all vehicle turning movements within, into and off the site.

2.

Illustration of proposed street improvements to be provided in relation to property lines, including additional dedication if required, and width of curb cuts and sidewalks if required.

3.

Illustration of existing and proposed water supply for fire protection; utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines; and evidence of approval from the responsible jurisdictions or companies.

4.

Illustrations of the location of structures and structure dimensions, dimensioned distances between buildings, and distance from structures to property lines, indicating any changes from the preliminary plan.

5.

A landscaping and screening plan showing the location, size and specific types of landscaping materials, fencing and other buffers from other than single-family developments.

6.

Submit a detailed schedule of events for final plat recording when associated with a condominium development. This schedule should outline the steps taken whereby the final plat will not be filed until the buildings are completed. Condominium plat and final subdivision plat in this instance will be the same instrument.

The building permits may be issued upon request by the owner or developer based on the approved final development plan and plat and the approved preliminary subdivision plat. The engineer of record shall provide staff with copies of the proposed condominium final plat as proposed for recording. Staff will ensure that all requirements have been met, and that the plat will be proper for recording subject to an as-built survey of the site.

(3)

Filing fees.

a.

Filing fees for planned unit development applicants shall be those established from time to time by the mayor.

b.

If a preliminary plan application is withdrawn prior to planning commission action, the applicant shall be entitled to a refund as established from time to time by the planning commission; however, there shall be no refunds of any portion of fees paid on applications amended or denied in the review process. If a new application is filed on the same or portion of the same property after a prior petition has been acted upon or withdrawn, the subsequent application shall be considered a new application, and fees charged accordingly.

(a)

Causes for revocation as enforcement action.

(1)

The planning commission may recommend to the city council that any previous planned unit development approval be revoked and all building permits be voided under the following circumstances:

a.

If the applicant has not submitted a final development plan to the staff within one year of preliminary plan approval. Where an optional staged development plan is utilized, the affected portion of the approved preliminary plan may be revoked in its entirety or to the extent of that portion on which a final development plan and plat has not been submitted and approved.

b.

If no building permit has been issued within two years from the recording date of the final development plan and plat, or initial plan of a staged final development plan and plat and the applicant has not been granted an extension.

c.

If the applicant does not adhere to the phased development schedule as stated in the approved preliminary development plan.

d.

If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final development plan and plat are proceeding at a substantially slower rate than other project components.

(2)

From time to time, the planning commission shall compare the actual development accomplished with the approved development schedule. If the commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the planning commission may initiate revocation action or cease to approve any additional final development plan and plats if preceding phases have not been finalized. The city may also issue a stop work order or discontinue issuance of building permits, or revoke those previously issued.

(b)

Procedures for revocation.

(1)

Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or his authorized agent notifying him of his alleged default and setting a time at which he shall appear before the planning commission to show cause why steps should not be made to totally or partially revoke his planned unit development permit. The commission's recommendation shall be forwarded to the city council for disposition as in original approvals.

(2)

If any planned unit development permit is revoked by the city council because any default has occurred, the city council shall take the appropriate action to prohibit any further development and shall file for record such action in the city clerk's office.

(3)

In the event of revocation, any completed portions of the development or those portions for which building permits have been issued, shall be treated to be a whole and effective planned unit development.

(4)

After causes for revocation or enforcement have been corrected, the city council shall expunge such record as established in subsection (b)(2) of this section, and the planning commission shall resume approval of final development plans and shall authorize continued issuance of building permits.

(a)

The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, buildings, lighting, security measures and similar common elements. The city encourages the creation of homeowner associations, funded community trusts, or other nonprofit organizations implemented by agreements, private improvement districts, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreational areas, and communally owned facilities shall be approved by the city attorney as to legal form and effect, and by the planning commission as to the suitability for the proposed use of the open areas. These legal entities shall be provided to the planning commission together with the filing of the final development plan and plat, except that the bill of assurance shall be filed with the preliminary plan at least in a preliminary form.

(b)

If the common open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the bill of assurance that will govern the association with the application for final development plan approval. The provisions shall include, but not necessarily be limited to, the following:

(1)

The homeowner association must be legally established before building permits are granted.

(2)

Membership and fees must be mandatory for each home buyer and successive buyer.

(3)

The open space restrictions must be permanent, rather than for a period of years.

(4)

The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments.

(5)

Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property.

(6)

The association must be able to adjust the assessment to meet changed needs.