A.   Application As Overlay District: The planned unit development (PUD) shall be applied as an overlay zoning district and is allowed in all zones except conservancy and agriculture. When applied to a specific geographic area, the PUD shall have the effect of allowing development to be designed, reviewed, approved, constructed and managed according to the provisions of this chapter, rather than as required by the underlying zoning district. However, the underlying zoning district shall prevail in determining permitted and conditional uses of land within the PUD as well as the maximum permitted project density or intensity of land use, except as otherwise provided herein.

   B.   Development Applications: The planned unit development process shall be required for the following development applications:

      1.   Any development where variations in lot sizes, dimensional standards, clustering of principal buildings on one lot, provisions for common open space, or other design considerations which are not normally allowed under standard zoning districts and subdivision provisions are desired.

      2.   Any commercial or multi-family residential development involving a shopping center, an office park, a business park, clustered multiple-family dwellings or other unified development themes.

   C.   Improvements: Improvements, consistent with current city standards or plans, including, but not limited to, comprehensive plan, bike plan, capital improvements, and park plan, may be required as a condition of approval of a planned development. Improvements may include, but are not limited to, paving, curbs, gutters, sidewalks, bikeways, water lines, sewer lines, drainage works, streetlights and landscaping. (1975 Code Ch. 18 § XX)

An application for a planned unit development shall be initiated by the filing for a planned unit development permit. The application shall be submitted to the city on forms provided for this purpose. The process shall be as follows:

   A.   Preapplication Conference:

      1.   The purpose of the preapplication conference is to provide two-way communication between the prospective developer and the city building inspector and staff regarding the legal, planning and engineering aspects of the potential development. Accordingly, prospective developers shall submit sketches and other pertinent information to the city for review and discussion by other city departments prior to submittal of a general development plan. Sketches shall include the entire area of the intended PUD, even if the PUD is to be developed in phases.

      2.   A preapplication conference review shall consider: a) success in achieving the purposes of the PUD ordinances; b) adequacy of public and private services and facilities; c) ability to conform with all applicable codes and ordinances; d) utilization of commonly accepted principles of good site planning; and e) consistency with the comprehensive plan.

      3.   Submittal requirements for the general development plan will be reviewed as part of the preapplication conference.

   B.   General Development Plan: The purpose of the general development plan is to establish the framework for future development of the PUD in terms of timing, overall building layout and site design, land uses, density or intensity of development, traffic circulation/access, off street parking, storm drainage, general utility locations, active and passive open space, location and management of common areas, general landscaping treatment and similar development components.

The general development plan shall include the entire area of the intended PUD, even if the PUD is to be developed in stages. All subsequent final plans for such area shall be in conformance with the approved general development plan. The general development plan may be amended using the same procedure for the initial general development plan approval.

Submittal requirements for a general development plan shall include the following items:

      1.   Identification And Description Information:

         a.   Location of the property by legal description and address.

         b.   Names and address of owners, applicant, surveyor and designer.

         c.   Graphic scale, north arrow, date of plan preparation.

         d.   Proposed name of the project.

         e.   Names of owners of land within three hundred fifty feet (350') of proposed development.

      2.   Existing Condition Information:

         a.   Total square feet or acreage of site.

         b.   Location of present utility systems including private well and septic systems, sanitary sewers, water mains, storm sewer/drainage, telephone, gas, cable and electrical supply.

         c.   Indication of zoning district designation.

         d.   High water mark of any adjacent watercourses.

         e.   Areas of existing wetland, water bodies and vegetation.

         f.   Railroad and utility rights of way, parks, easements, section lines and corporate boundaries, if on the lot or an adjacent lot.

         g.   Preliminary or certified survey map.

         h.   Location and use of any existing building within fifty feet (50') of the site boundaries.

         i.   Location plan within the city.

         j.   Mapped two foot (2') contour intervals describing existing topography.

         k.   Centerline location, width, rights of way and names of all adjacent existing or previously platted streets or other public ways.

         l.   Size of existing sewer, water main, culverts or other underground facilities within the tract. This should include grades, invert elevations and locations of catch basins, manholes and hydrants.

      3.   Site Design Information Scale: One inch equals ten feet (1" = 10') or one inch equals twenty feet (1" = 20').

         a.   Approximate external dimensions of buildings and distances to lot lines.

         b.   Proposed layout of streets with right of way widths and proposed street names.

         c.   Intended use of any proposed structures and number of intended occupants.

         d.   Indicate driveway locations and widths as well as traffic flows through the site.

         e.   Areas where existing vegetation will be modified.

         f.   Proposed off street parking allocations and parking lot landscape islands.

         g.   Proposed loading areas including stacking or storage areas.

         h.   Preliminary storm drainage system.

         i.   Surface material proposed for drives, parking, access and storage areas.

         j.   Exterior lighting concept.

         k.   All proposed landscaping pursuant to title 9, chapter 9 of this code.

         l.   Refuse collection areas and screening.

         m.   List of all required federal, state and city permits and status of application.

         n.   Water main and sanitary sewer main location.

         o.   Proposed parks, pedestrian/bicycle ways or other areas intended to be dedicated or reserved for public use.

         p.   Locations and widths of alleys, pedestrianways and utility easements.

Upon receipt of all the required submittal items for the general development plan, and an application for a PUD, the building inspector shall coordinate with other departments of the city to review the plan, and formulate a recommendation to the plan commission. At such time, the city clerk shall schedule and give notice of public hearings before the plan commission and common council in the same manner as required by section 10-3-1 of this title.

The plan commission shall review the proposed general development plan in accordance with the review criteria set forth in this chapter. It shall also consider the recommendation of the city staff and other comments received. The plan commission shall then make its recommendation to the common council for approval, approval with conditions, or denial.

Final action on the general development plans lies with the common council.

Approval by the common council of a general development plan shall constitute an amendment to the zoning ordinance establishing the appropriate PUD district, and that district shall be noted on the official zoning map. If the general development plan requires rezoning for permitted use or a conditional use permit, common council approval of the general development plan is conditional upon the rezoning or conditional use permit being granted.

   C.   Final Plan:

      1.   Following approval of a general development plan, a final plan of the PUD shall be submitted to the building inspector for review. In the case of a single phase PUD, the applicant may combine the general development plan and final plan stages of the review process and follow the procedure set forth in this chapter. The purpose of the final plan is to finalize the detailed planning, engineering, design, ownership, management, maintenance and timing aspects of the development. For this reason, the final plan will be prepared only for those portions of a PUD which are expected to be developed in the immediate future.

      2.   The final plan shall be in conformance with the approved general development plan. If it is found that a proposed final plan differs from the approved general development plan, the applicant must submit a new general development plan beginning with the process in subsection A of this section.

      3.   No building permits shall be issued for construction within the PUD without first obtaining common council approval of a final plan for that portion of the PUD. All grading, construction, landscaping and other activities associated with land development shall be carried out in strict conformance with the approved final plan.

      4.   The list of items required to be submitted with a final plan are as follows:

         a.   Actual external dimensions of buildings and distances to lot lines.

         b.   Storm drainage system including calculations, sizing, materials and location.

         c.   Proposed landscaping, including plant species, fences and retaining walls.

         d.   Water main sizing, fire flows, materials and location.

         e.   Sanitary sewer main sizing, materials and location. If a grinder pump or lift station is proposed, design calculations will be required.

         f.   Certified survey map.

      5.   Upon receipt of all the required items for the final plan, the building inspector shall coordinate its review with other city departments for the purpose of reviewing the final plan for compliance with the approved general development plan. The proposed final plan shall then be brought to the common council for final approval and development may then commence accordingly. (1975 Code Ch. 18 § XX)

   A.   General Development Plan:

      1.   In reviewing the general development plan, the following criteria shall be used:

         a.   Conformance with the applicable provisions of the underlying zoning district.

         b.   Conformance with the provisions of this chapter.

         c.   Suitability of the site itself for development as proposed.

         d.   Compatibility of the proposed development with adjacent and nearby existing or planned unit developments in terms of scale, mass, height, bulk, uses, activities, traffic, design, structure placement, privacy, views and similar concerns.

         e.   Conformance with city development and design standards and policies.

         f.   Availability, both on and off the site, of adequate public utilities and services, including water, sanitary sewer, storm sewer or other means of surface drainage, streets, sidewalks, traffic control, fire protection and police protection.

         g.   Effective mitigation of any potential negative impacts of the proposed development either on the site itself or off the site.

         h.   Adequate provision for preservation and maintenance of areas set aside for common ownership.

         i.   Conformance with the comprehensive plan.

      2.   The plan commission, in making its recommendation to the common council, shall consider said criteria as noted above and also take into consideration the recommendations of the city staff and comments received at its public hearing.

   B.   Final Plan: In reviewing a final plan, the common council shall consider the following criteria:

      1.   Strict conformance of the final plan to the adopted general development plan, particularly in terms of the general layout and design of the PUD; the overall density of dwelling units; the number and type of dwelling units; the major categories of land use; the mix, magnitude and intensity of nonresidential types of land uses; the parking and traffic circulation system; and major features of the open space area.

      2.   The review criteria set forth in subsection A of this section.

   C.   Recording; Conditions Run With The Land:

      1.   A document shall be recorded by the applicant within thirty (30) days of approval in the office of the register of deeds for the county within which the PUD is located. Said document shall identify the property as being part of a PUD which is on file with the city. Applicant shall furnish evidence of such recording to the city prior to any final plan approval for multiple phased projects or within fifteen (15) days of final approval for single phased projects.

      2.   Any conditions attached to a general development plan or final plan shall run with the land and shall not lapse or be waived as the result of any subsequent change in the tenancy or ownership of any or all of said lands. Such conditions shall be deemed to be part of the building permit issued for any use or structure within the PUD.

   D.   Fees: Fees for a PUD general development plan approval shall be five hundred dollars ($500.00) and for a PUD final plan approval shall be two hundred fifty dollars ($250.00). Fees are due from the applicant at the time of plan submittal. (1975 Code Ch. 18 § XX)

   A.   Density And Housing Type (Residential PUD):

      1.   The maximum number of dwelling units per acre (project density) for the PUD as a whole shall be based upon the underlying zoning district.

      2.   Adequate public and private facilities and services must be available, both on and off the site, to support the number of units, including, but not limited to, streets, parking, traffic control, water, sewer, drainage, fire and police protection, recreational facilities, and schools.

      3.   The residential PUD will be based upon the following criteria:

         a.   Appropriateness of the scale and massing of structures.

         b.   Use of varied building elevations and staggered setbacks.

         c.   Effectiveness of landscaping, screening and buffering within the PUD and along its perimeter.

         d.   Overall quality of design of the development, including, but not limited to, streetscape, parking lots, open space, buildings, lighting, signs, and pedestrian pathways.

         e.   Varied placement of buildings, demonstrating sensitivity to the natural topographic features of the site.

         f.   Retention of unique natural features of the site and incorporation of such features into the project's overall design.

         g.   Recreation areas that are provided are directly accessible to a majority of the dwellings and are well designed for their intended purpose.

   B.   Lot Area, Lot Width, Setbacks: Lot area, lot width and setback requirements for the PUD may vary from the underlying zoning district, provided the developer has demonstrated that the proposed design and layout meet the provisions of this chapter. Lot areas, lot widths and setbacks within the PUD perimeter shall be designed to be compatible to existing or planned land uses immediately outside the development.

   C.   Building And Structure Heights: Building and structure heights can only exceed the maximum established by the underlying zoning district expressly requested by the applicant and upon approval of such as part of the general development plan.

   D.   Common Open Space (Residential PUD):

      1.   Since the PUD concept of development is intended to provide more functional open space and to make more efficient use of land, utilities and other improvements, at least fifteen percent (15%) of the total gross land area of the PUD, exclusive of areas listed in subsection D3 of this section, shall be permanently reserved as common open space. This provision may be waived by the common council when it is determined that other options for providing open space are available.

      2.   Common open space may be held in common, be privately owned, or dedicated to the public, or any combination thereof. Any land dedicated to the public must be officially accepted by the common council before such dedication becomes valid. Land dedicated to the public may be considered part of the required common open space area for the PUD.

      3.   The following areas shall not be included in calculating the minimum amount of common space for the PUD:

         a.   Areas within required front and side yard setbacks.

         b.   Open spaces less than thirty feet (30') wide, unless approved as a common pathway system.

         c.   Existing or proposed street rights of way.

         d.   Parking areas and driveways.

         e.   Building sites, unless used for recreational purposes.

      4.   Up to twenty five percent (25%) of the required common open space may consist of designated floodway, the surface area of water bodies and/or areas having slopes greater than thirty percent (30%), only if the following findings are made:

         a.   Said areas are available by legal right for the use and enjoyment of the residents of the PUD;

         b.   Said areas are functional in providing for the open space and outdoor recreation needs of the residents of the PUD; and

         c.   Said areas are safely and conveniently accessible to the residents of the PUD.

      5.   In the case of a PUD being developed in phases, an appropriate proportion of the gross area of each phase of the PUD (subject to final implementation plan approval) shall be reserved for common open space at all times, unless such requirement is waived by the common council.

      6.   At the time of final plan approval, provision must be demonstrated for the ownership and perpetual care and maintenance of all common open space areas. Areas designated as common open space shall be permanently reserved as such, using appropriate legal instruments, as approved by the city attorney, at the time of final implementation plan approval. Covenants or other legal arrangements shall specify ownership of the common open space, method of maintenance, responsibility for maintenance, maintenance taxes and insurance, compulsory membership and assessment provisions, guarantees that any entity formed to own and maintain the common open space will not be dissolved without the consent of the common council, and any specifications deemed reasonably necessary by the common council.

   E.   Building Spacing And Orientation: The minimum spacing allowed between buildings shall not be less than required by the applicable building codes. However, greater distances may be required, taking into consideration the need for privacy, light and ventilation, fire and safety, traffic circulation and open space.

   F.   Off Street Parking: Off street parking spaces shall be provided as required by city ordinance.

   G.   Streets, Utilities And Drainage:

      1.   All publicly dedicated streets, utilities and all drainage facilities shall be designed in accordance with city code and policy.

      2.   Private streets shall only be allowed as approved on the general development plan.

   H.   Circulation/Access:

      1.   Vehicular access to individual lots adjoining an arterial street, as defined under the functional street classification system of the city, shall be by way of a frontage road, service road, or other local street. Local street access to arterial streets shall be minimized to whatever extent possible. Lot access to collector streets shall be minimized to whatever extent is possible.

      2.   Each PUD shall be provided with at least two (2) separate points of ingress and egress unless waived by the common council. Principal vehicular access points to the project shall be designed to encourage smooth traffic flows with controlled turning movements and minimum hazards to vehicular and pedestrian traffic.

      3.   Internal streets, drives and parking surface areas shall be paved and provide safe and convenient access to dwelling units and recreational facilities, and for service and emergency vehicles. Streets shall not be designed to encourage outside traffic to traverse the PUD on local streets, nor create unnecessary fragmentation of the PUD into the smaller subareas.

   I.   Landscaping, Screening And Buffering: Landscaping must be in conformance with title 9, chapter 9 of this code. In order to protect the integrity of a PUD, and deemed necessary to provide protection to adjacent properties, landscaping, screening and buffering may be required as part of the general development plan. If so required, a screening and landscape plan shall be submitted to the department for approval in conjunction with final plan approval for each phase of a PUD. Landscape plans shall show the location, species of plant material and the size of all plant materials. Screening plans shall include typical details of fences, berms, and plant material to be used.

   J.   Signs: Signs shall be in conformance with title 9, chapter 6 of this code. (1975 Code Ch. 18 § XX)