(a)

The purpose of the planned unit development is to permit:

(1)

Variety and flexibility in land development that is necessary to meet changes in technology and demand that will be consistent with the best interests of the entire city;

(2)

The allocation, maintenance and permanent preservation of common open space and recreation areas and facilities;

(3)

A maximum choice in the types of environments available to the public by allowing a development that would not be possible under the strict application of the other sections of this chapter;

(4)

A pattern of development to preserve natural vegetation, topographic and geologic features;

(5)

A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities;

(6)

An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings and other facilities;

(7)

A land use which promotes the public health, safety, comfort, morals and welfare;

(8)

Innovations in residential, commercial and industrial development so that growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to the buildings.

(b)

The planned unit development is intended to provide for developments incorporating a single type on a variety of related uses which are planned and developed as a unit. Such development may consist of conventionally subdivided lots or provide for development by a planned unit development plat in keeping with the purpose of the plan.

(Code 2012, § 17.63.010; Ord. of 9-28-1966, § 17(1.1.1); Ord. No. 1858, § l(part), 1971)

The planned unit development district is authorized as a special use in each of the zoning districts of this chapter which are specified on the zoning map as eligible for planned unit development. The zoning map may be amended to provide for planned unit development eligible districts. The size of the planned unit development and standards for which it must be built vary in different zoning districts in accordance with sections 48-1734 through 48-1746.

(Code 2012, § 17.63.020; Ord. of 9-28-1966, § 17(1.1.2); Ord. No. 1858, § l(part), 1971)

The planned unit development must meet the standards set forth in this division.

(Code 2012, § 17.63.030; Ord. of 9-28-1966, § 17(1.1.3)(part); Ord. No. 1858, § l(part), 1971)

The entire site of the planned unit development is under single ownership and/or unified control as demonstrated by a description of legal responsibility as necessary to effectuate and maintain the plan in section 48-1870.

(Code 2012, § 17.63.040; Ord. of 9-28-1966, § 17(1.1.3)(a); Ord. No. 1858, § l(part), 1971)

The site of the planned unit development shall be not less than two acres in any zoning district.

(Code 2012, § 17.63.050; Ord. of 9-28-1966, § 17(1.1.3)(b); Ord. No. 1858, § l(part), 1971)

The planned unit development may include any or all uses permitted within any of the existing zoning districts or a mixture thereof, provided that the uses permitted in the planned unit development shall be of a type and so located as to exercise no undue detrimental influence upon the surrounding properties and shall be compatible each with the other within the planned unit development.

(Code 2012, § 17.63.060; Ord. of 9-28-1966, § 17(1.1.3)(c); Ord. No. 1858, § l(part), 1971)

No building shall exceed 15 stories or 150 feet in height.

(Code 2012, § 17.63.070; Ord. of 9-28-1966, § 17(1.1.3)(d); Ord. No. 1858, § l(part), 1971)

The following floor area ratios shall be observed as maximum density controls:

(Code 2012, § 17.63.080; Ord. of 9-28-1966, § 17(1.1.3)(e); Ord. No. 1858, § l(part), 1971)

A maximum of 40 units per net residential land area shall be permitted. A minimum of 25 percent of the land area devoted to multiple-family residential use shall consist of common open space.

(Code 2012, § 17.63.090; Ord. of 9-28-1966, § 17(1.1.3)(f); Ord. No. 1858, § l(part), 1971)

Setbacks and yard requirements normally required by provisions of this article may be waived in planned unit developments, but appropriate periphery requirements shall be imposed so as to not alter the character of, or exercise undue detrimental influence upon, adjacent properties.

(Code 2012, § 17.63.100; Ord. of 9-28-1966, § 17(1.1.3)(g); Ord. No. 1858, § l(part), 1971)

There shall be adequate parking and/or loading facilities provided within the site of the planned unit development or within the immediate neighborhood, consistent with the intent of the provisions and regulations of this article.

(Code 2012, § 17.63.110; Ord. of 9-28-1966, § 17(1.1.3)(h); Ord. No. 1858, § l(part), 1971)

Adequate provision shall be made to provide ingress and egress, loading and delivery facilities so designed as to minimize congestion in the public streets and alleys.

(Code 2012, § 17.63.120; Ord. of 9-28-1966, § 17(1.1.3)(i); Ord. No. 1858, § l(part), 1971)

Existing or proposed public facilities, including, but not limited to, sanitary waste, stormwater, water supply, fire protection and public utility facilities, shall be adequate for the service of residents and occupants within the planned unit development and must be so designed as to cause no detrimental influence upon public facility service levels for surrounding properties.

(Code 2012, § 17.63.130; Ord. of 9-28-1966, § 17(1.1.3)(j); Ord. No. 1858, § l(part), 1971)

The amount and location of common open space shall be consistent with the declared function of common open space as set forth in the application for planned unit development, and there shall be such provisions for the ownership and maintenance of the common open space to ensure its continuity and conservation. In the event that the common open space is permitted to deteriorate or is not maintained in a condition consistent with the best interests of the entire city, then and in such event the city shall take those remedial steps provided for in section 48-1840.

(Code 2012, § 17.63.140; Ord. of 9-28-1966, § 17(1.1.3)(k); Ord. No. 1858, § l(part), 1971)

The planned unit development shall not be designed as to be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(Code 2012, § 17.63.150; Ord. of 9-28-1966, § 17(1.1.3)(l); Ord. No. 1858, § l(part), 1971)

A planned unit development shall be granted as a special use permit in accordance with the standards and procedures of this article and may depart from the normal procedures and requirements of other articles in this chapter. Application shall be accompanied by the required plats, documents and other data. Before submitting an application for a planned unit development, an applicant may confer with the planning commission to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other materials; provided, however, that no such preapplication conference shall result in any binding commitments on behalf of the applicant or the city.

(Code 2012, § 17.63.160; Ord. of 9-28-1966, § 17(1.1.4)(part); Ord. No. 1858, § l(part), 1971)

The application for a planned unit development shall be executed by or on behalf of the landowner and filed in duplicate with the secretary of the planning commission. A filing fee, in the amount as provided in the city fee schedule and payable to the city, shall be submitted to the secretary of the planning commission. A preliminary plat and supporting data shall be submitted in accordance with the provisions of section 48-1870.

(Code 2012, § 17.63.170; Ord. of 9-28-1966, § 17(1.1.4)(A)(l); Ord. No. 1858, § l(part), 1971)

The planning commission shall hold a public hearing within 60 days after filing an application for a planned unit development. The planning commission shall conduct the public hearing in accordance with state law. The planning commission shall adopt and publish its own rules and procedure not in conflict with this article. The planning commission may continue the hearing from time to time; provided, however, that in any event the public hearing or hearings shall be concluded within 30 days after the date of the first public hearing. Either before or after the hearing, the planning commission shall furnish a written recommendation regarding any proposed planned unit development. If the request is made before the hearing, the planning commission shall deliver its recommendation to the city council at or before the hearing; if the request is made at or after the hearing; the commission shall, within a reasonable time, deliver copies of its recommendation to the planning commission, the applicant and to any other interested parties requesting same.

(Code 2012, § 17.63.180; Ord. of 9-28-1966, § 17(1.1.4)(A)(2); Ord. No. 1858, § l(part), 1971)

The planning commission, within 30 days following the conclusion of the public hearing, shall transmit to the city council a written report giving its findings and recommendations for action to be taken by the city council. The planning commission shall recommend either approval of the preliminary plan as submitted, approval of the preliminary plan subject to specified conditions and modifications not included in the preliminary plan as submitted, or denial of approval of the preliminary plan as submitted. The planning commission's recommendation shall include not only conclusions but also whether findings of fact related to the proposal would or would not be in the public interest, including, but not limited to, findings of fact on the following:

(1)

In what respects the proposed plan is or is not consistent with the stated purpose of the planned unit development regulations;

(2)

The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations;

(3)

The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest;

(4)

The nature and extent of the common open space in the planned unit development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the open space in terms of the densities and dwelling types proposed in the plan;

(5)

The plat of the plan and the manner in which the plat does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;

(6)

The relationship and compatibility, beneficial or adverse, of the proposed plan to the adjacent properties and neighborhood;

(7)

The desirability of the proposed plan to physical development, tax base and economic well-being of the entire community;

(8)

The conformity with the recommendations of a comprehensive plan for the city;

(9)

In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect the interests of the public and the residents of the planned unit development in the integrity of the plan.

(Code 2012, § 17.63.190; Ord. of 9-28-1966, § 17(1.1.4)(A)(3); Ord. No. 1858, § 1(part), 1971)

The city council, after receipt of the planned unit development plan and recommendations from the planning commission, shall approve, modify or disapprove the preliminary plan. The city council may require such special conditions in the approval of the preliminary plan as it may deem necessary or appropriate to ensure conformity with the intent of all comprehensive plan elements and the stated purposes of the planned unit development.

(Code 2012, § 17.63.200; Ord. of 9-28-1966, § 17(1.1.4)(A)(4)(a); Ord. No. 1858, § l(part), 1971)

The city council shall, in its resolution granting or denying approval of a preliminary planned unit development plan, include not only conclusions but findings of fact related to the specific proposal and shall set forth in what respects the proposal would or would not be in the public interest, including, but not limited to, the findings of fact enumerated in appropriate sections of this article.

(Code 2012, § 17.63.210; Ord. of 9-28-1966, § 17(1.1.4)(A)(4)(b); Ord. No. 1858, § l(part), 1971)

Approval of a preliminary plan shall not constitute approval of the final plan nor qualify a plat of the planned unit development for recording; rather, it shall be deemed an expression of approval of the preliminary plan as a guide to preparation of the final plan. A preliminary plan which has been granted approval as submitted for approval with conditions or modifications shall not be modified or revoked nor otherwise impaired by action of the city pending an application for final approval without the consent of the landowner, provided that application for final approval is filed within the time or times specified in the resolution granting preliminary approval. In the event that a plan is given preliminary approval and thereafter, but prior to final approval, the landowner chooses to abandon such plan and so notifies the planning commission in writing, or fails to file application for final plan approval within the required time period, the preliminary plan approval shall be deemed to be revoked and all that portion of the area included in the plan for which final approval has not been given shall be subject to those local ordinances applicable thereto. No building permit shall be issued for any structure until approval of the final plan by the city council.

(Code 2012, § 17.63.220; Ord. of 9-28-1966, § 17(1.1.4)(A)(5); Ord. No. 1858, § l(part), 1971)

(a)

An application for final plan approval may be filed for all the land included in a plan or for a section thereof. The application shall be filed with the secretary of the planning commission within 180 days (or such time) after approval of the preliminary plan. The application shall include such drawings, specifications, covenants, easements and conditions and form of bond as were set forth by resolution at the time of preliminary approval and as specified in sections 48-1871 through 48-1876. In accordance with the schedule proposed in the application for preliminary approval, the landowner may elect to have final approval of only a geographic section or sections of the land included in the plan and may delay, within the time authorized by the resolution, application for final approval of other sections.

(b)

The final plan shall be approved as the final land use and zoning plat if it conforms to the previously approved preliminary plan. The preliminary and final plan may be filed and approved simultaneously if all requirements of this article are met.

(c)

The final plan for the planned unit development, including plats and other data, shall be submitted to the planning commission and shall comply fully with the provisions of sections 48-1871 through 48-1876. All final plans shall be accompanied by a written construction schedule of the developer, such schedule not to exceed a period of ten years. If the development period in fact exceeds ten years, the city may revoke approval of the planned unit development and initiate such zoning changes as it deems necessary to preserve the public interest. Final plats and supporting data shall show in detail the design, location and internal use of all buildings and overall land development as well as such additional information as the city council and planning commission may require.

(Code 2012, § 17.63.230; Ord. of 9-28-1966, § 17(1.1.4)(B)(1); Ord. No. 1858, § 1(part), 1971; Ord. No. 2995, § 1, 8-28-1995)

(a)

The planning commission shall review the final plan at a public meeting and shall recommend approval or disapproval within 30 days after submission by the landowner and shall indicate the reason therefor to the city council.

(b)

A public hearing on an application for final approval of a planned unit development shall not be required except as follows:

(1)

The planning commission shall not act upon a final plan application which contains one or more major changes from the preliminary plan as approved by the city council.

(2)

A final plan which contains a major change from the preliminary plan approved by the city council shall be considered and treated as a new plan, and the planning commission shall require that the landowner resubmit an application for preliminary plan approval in accordance with appropriate sections of this article.

(3)

Any of the following changes shall be deemed to be a major change:

a.

A change which alters the concept, character or intent of the preliminary plan;

b.

A change which increases residential density;

c.

A change which significantly increases the height of any building or structure; or alters the uses and design standards set forth as a minimum in this chapter;

d.

A change which significantly increases nonresidential floor area by more than ten percent;

e.

A change which reduces the amount of common open space or other open space;

f.

A change which significantly reduces the number of off-street parking spaces provided for;

g.

A change in the sequence of development;

h.

A change in the final governing agreement;

i.

A change in the provisions, easements or covenants;

j.

A change which affects the capacity of public facilities, service and utilities (new);

k.

Any change which substantially affects the previous statements of facts and findings of the planning commission.

(4)

In the event that the planning commission refuses to act upon a final plan proposal because it contains major changes, the planning commission shall so notify the landowner in writing within 30 days of the application for final approval, setting forth the reasons why one or more of the changes to the plan are major changes and ineligible for planning commission review. In such event, the landowner may refile his application for final approval without the major changes objected to by the planning commission at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval has already passed when the planning commission advised the landowner that the major changes could not be considered. If the landowner fails to refile within such period, he shall be deemed to have refused to accept such requirements, and final approval shall be deemed to have been denied.

(Code 2012, § 17.63.240; Ord. of 9-28-1966, § 17(1.1.4)(B)(2); Ord. No. 1858, § 1(part), 1971)

(a)

The city council, after receipt of the final plan and recommendation from the planning commission, shall approve or disapprove the final plat and, if approved, shall pass an ordinance authorizing the planned unit development as a special use.

(b)

The city council shall not approve a final plan which contains major changes, as enumerated in section 48-1806(b)(3).

(Code 2012, § 17.63.250; Ord. of 9-28-1966, § 17(1.1.4)(B)(3); Ord. No. 1858, § 1(part), 1971; Ord. No. 4045, § 2, 10-6-2014)

(a)

The ordinance authorizing construction of the planned unit development shall be effective only upon recording of the final planned unit development plat and supporting data with the county recorder of deeds. No permit allowing construction of a building or other development shall take place until the required recording of the final plat, approval of the final engineering plans by the city engineer, and the posting by the developer of the required improvement deposits, as set forth in sections 48-1873 and 48-1874. All recording costs shall be paid by the developer.

(b)

The purpose of the final plat is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so subdivided, into common open areas and building sites. The preliminary plat shall generally locate buildings, whereas the final plat shall show the exact location of each building. The recording of the final plat shall inform all who deal with the planned unit development of the restrictions placed upon the land and act as a zoning control device.

(Code 2012, § 17.63.260; Ord. of 9-28-1966, § 17(1.1.5)(A); Ord. No. 1858, § 1(part), 1971)

The city council shall consider the planned unit development subject to revocation if construction falls more than two years behind the schedule filed with the final plat or exceeds ten years. The developer shall be notified at least 90 days prior to any revocation hearing. Extensions of the building schedule agreed by the developer at the time of approval may be granted by the city council.

(Code 2012, § 17.63.270; Ord. of 9-28-1966, § 17(1.1.5)(B); Ord. No. 1858, § 1(part), 1971; Ord. No. 2995, § 2, 8-28-1995)

Upon issuance of a special use permit and the necessary building permits, no changes may be made during or after the development of the final plan as approved and recorded, unless such changes are made pursuant to a new and separate application for planned unit development in accordance with sections 48-1747 through 48-1807.

(Code 2012, § 17.63.280; Ord. of 9-28-1966, § 17(1.1.5)(C); Ord. No. 1858, § 1(part), 1971)