Planned unit developments are a specific type of special use recommended by the planning and zoning board and approved by the city council. Particular purposes include:

(1)

Providing flexibility in the development of land and in the design of structures located on the land, and permit planned diversification in the location of such structures that might not otherwise be achieved due to the strict applications of this chapter.

(2)

Preserving common open space and recreation facilities.

(3)

Preserving natural vegetation areas, topography, and geologic features by using a creative and efficient use of land.

(4)

Providing quality construction that is compatible with and enhances the character of the surrounding properties.

(5)

Providing a rational and economical public utilities system and ensuring that traffic circulation is safe and convenient.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

Types of planned unit developments are as follows:

(1)

Residential planned unit developments;

(2)

Mixed use planned unit developments.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

Permitted uses are as follows:

(1)

Residential planned unit developments.

a.

Any permitted uses and special uses within any district as provided within article V of this chapter.

b.

Up to ten percent of the total land area may be used for commercial permitted and special uses as provided within article VI of this chapter.

(2)

Mixed use planned unit developments.

a.

Any permitted uses and special uses within a commercial or industrial district as provided within articles VI and VII of this chapter.

b.

Up to 20 percent of the total land area may be used for residential permitted and special uses as provided within article V of this chapter.

c.

Combination commercial/residential structures may be permitted if the commercial uses are only restricted to the ground level.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

Both residential planned unit developments and mixed use planned developments are subject to the following provisions:

(1)

Location. Planned unit developments are allowed within any land use district, though the primary land use shall be the district in which the planned unit development is located.

(2)

Ownership. The site of a proposed planned unit development shall be controlled under one owner or under unified ownership.

(3)

Total lot size. The minimum size of a planned unit development shall be at least two acres. The planning and zoning board may waive this requirement if there are certain special site restrictions, such as topographical changes, heavily wooded areas, wetlands, floodplains, soil conditions, or utility easements. No minimum lot size is required for individual buildings, except that single-family detached dwellings shall not be less than 4,500 square feet in lot area on average and single-family attached dwellings shall not be less than 3,000 square feet in lot area per unit on average.

(4)

Lot width. The minimum lot width of the entire planned unit development shall be at least 100 feet.

(5)

Parking. The individual uses permitted within the planned unit development shall be consistent with the requirements for each particular use.

(6)

Traffic. Adequate provision shall be made to provide the least amount of pedestrian and automobile traffic congestion possible on the public streets.

(7)

Design. The general design of the planned unit development shall not endanger the health, safety, and welfare of the general public.

(8)

Signs. All signs shall conform to the provisions provided within chapter 44.

(9)

Utilities. Whenever possible, all planned unit developments shall provide for the underground installation of utilities. The appropriate design, construction, and location of storm sewers, water lines, retention areas, electric lines, and telephone service shall be provided.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

Site requirements and performance standards are as follows:

(1)

Maximum building height. The maximum building height for all buildings shall be consistent with the requirements for each particular district in which the building would be located.

(2)

Maximum impervious coverage. The total impervious coverage in all residential buildings shall not exceed 50 percent of the lot area and must be consistent with the character of the surrounding existing developed areas. The total impervious coverage in all commercial and industrial buildings shall not exceed 65 percent of the lot area.

(3)

Setbacks. The front, side, and rear setbacks of the planned unit development shall be provided in accordance with the requirements of the districts in which the use is located along the perimeter of the planned unit development and along all public streets. If single-family detached dwellings are part of the planned unit development, at least 50 feet shall be provided between the front and rear of abutting dwelling units and at least 20 feet shall be provided between the sides of each dwelling unit. However, the planning and zoning board may modify these requirements to encourage residential cluster developments.

(4)

Lighting. All off-street parking lots shall have adequate lighting. The level of lighting shall be consistent with the requirements for each particular use.

(5)

Landscaping and screening. For all uses within the planned unit development, a five-foot landscaped divider strip shall be placed between all parking areas and sidewalks. Within or adjacent to a residential district or residential uses, all open off-street parking areas for six or more cars shall be effectively screened by a wall, a solid fence, or a densely planted compact hedge along any side which is adjacent to property in residential use unless that use is across a public street or alley from such parking area. All service entrances, dumpsters, air conditioning units, and any storage items shall be located at the rear of buildings and screened from view.

(6)

Common open space.

a.

The open space of the planned unit development shall not be less than 20 percent of the total land area. Of the open space provided, at least ten percent of the total land area within the planned unit development shall be usable open space.

b.

The area of each parcel of open space shall not be less than 6,000 square feet in area nor less than 30 feet in its smallest dimension. Also, at least 50 percent of the common open space shall be contiguous or connected via pedestrian/bicycle paths.

c.

The common open space should be distributed equitably throughout the planned unit development and be highly accessible, as much as is practical.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

The planned unit development may be eligible for an increase in the percentage of residential, commercial, or industrial impervious coverage up to ten percent if certain design elements are met. The planning and zoning board shall make a recommendation to the city council about the increase in percentage of impervious coverage, if any, to be allowed for any particular incentive. Each design element is worth a maximum of five percent in increased impervious coverage. The applicant can request two of the following incentives:

(1)

At least five percent more of the usable open space is provided above the minimum standard.

(2)

Creative site design, planning, and preservation of existing natural vegetation and terrain.

(3)

Providing additional recreational amenities such as tennis courts, golf courses, ball fields, swimming pools, or community centers.

(4)

At least 20 percent of the residential dwelling units are allocated for people with low-income levels as determined by the latest U.S. Census data.

(5)

At least 50 percent of the minimum parking requirements are met using underground parking structures.

(6)

At least 50 percent more of the parking lot landscaping is provided above the minimum standard.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

A preapplication meeting shall be held with the city administrator to discuss the request. The city administrator shall send a copy of the planned unit development application to all appropriate city officials for comment. After receipt of a complete application for a planned unit development, the city administrator shall complete the review of the application.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

(a)

Application. The applicant shall file an application for a planned unit development with the city administrator of the city accompanied by a filing fee in the amount provided in the city fee schedule. The fee does not include the fees for the individual buildings that must also obtain building permits.

(b)

Form of application. The application shall set forth the facts and details concerning the proposed planned unit development and shall have attached thereto a diagram or plan showing the result of the proposed planned unit development would have on the subject property and surrounding properties.

(c)

Application requirements. Nine copies of the preliminary development plan shall be included with the application and forwarded to the planning and zoning board. The application shall contain the following requirements within the preliminary development plan:

(1)

A legal description of the property, common address, and parcel identification number (PIN).

(2)

The name and address of all owners of the site proposed for development as well as the names and addresses of all professional site planners, architects, engineers, surveyors, or other consultants.

(3)

A general plan drawing reflecting the intended use and future street locations for adjacent areas when the proposed planned unit development is intended to represent a single phase of a longer-range development.

(4)

A site plan of the proposed development (at a scale of not less than one inch is equal to 20 feet, including north arrow) including the general location of the following:

a.

An indication of the existing conditions on the tract including contour lines (five-foot intervals), watercourses and existing drainage facilities, wooded areas and isolated trees, walks or other improvements, and existing buildings and structures with an indication of those which will be removed and those which will be retained as part of the development;

b.

Adjacent property owners, including rights-of-way;

c.

An indication of the area surrounding the site showing land use, peculiar physical features, public facilities, and existing and proposed zoning (if applicable);

d.

All buildings, structures, and other improvements, including building setbacks and distance between buildings;

e.

Common open space, including recreation areas and facilities;

f.

Off-street parking facilities and number of spaces to be provided;

g.

Location and dimensions of all driveways, pedestrian walkways, streets, and off-street parking and loading facilities;

h.

Landscaping and screening of the development, including the perimeters and off-street parking and loading facilities;

i.

Location, height, design, and illumination characteristics of all external lighting fixtures;

j.

Location and dimensions of all public streets and uses, including, but not limited to, schools, parks, churches, and public buildings;

k.

Other documents or plans as determined necessary by the city administrator and planning and zoning board.

(5)

Quantitative data indicating the following:

a.

Total number of dwelling units by type (if applicable).

b.

Total number of dwelling units by number of bedrooms per unit.

c.

Proposed lot coverage of buildings and structures (percent of total).

d.

Approximate gross and net residential densities, excluding all streets and roadways (if applicable).

e.

Total number of off-street parking spaces provided.

f.

Total amount of usable open space area provided.

g.

Other calculations as determined necessary by the city administrator and planning and zoning board.

(6)

Elevation or perspective drawings of all buildings and general architectural character of the buildings.

(7)

A development schedule indicating:

a.

The approximate date when construction of the project will begin. This schedule is not binding to the applicant, but shall be a basis for the city to use for constructing any public utility facilities.

b.

The stages in which the project will be built and the approximate date when construction of each stage will begin.

c.

The approximate dates when the development of each of the stages will be completed.

d.

The area and location of common open space that will be provided at each stage.

(8)

A statement shall be presented to the planning and zoning board if the applicant intends to sell or lease all or a portion of the planned unit development after the project is approved. The conditions of sale and maintenance of such developed properties shall be stipulated. Any covenants, deed restrictions, or other similar agreements between the applicant and future owners shall be presented.

(d)

Date of filing. The application shall be filed prior to the date the notice of hearing specified has been published in the local newspaper.

(e)

Date of hearing. The planning and zoning board of the city through its chairperson, shall set a regular date, time, and place for a public hearing on the application and shall inform the applicant of the same. The chairperson has the option of changing the time and/or date if there is a conflict with other meetings held concurrently at the city hall. Notice of the public hearing of petitioner's application is to be given in the following manner:

(1)

By publishing the notice of the date, time, and place of such hearing in a paper of general circulation in the city at least 15, but not more than 30 days prior to the hearing. The planning and zoning board shall be given at least 15 days to review the preliminary development plans.

(2)

By causing the notice to contain the particular location for which this planned unit development is requested as well as a brief statement describing the proposed planned unit development. The legal description shall, in addition to the required metes and bounds or lot and block description, contain a simple a description of the property as to area and location of such a nature to enable the ordinary reader to accurately locate such property.

(3)

By sending copies of the notice of hearing to all property owners within a 250-foot radius of the property in question.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

(a)

No planned unit development in any case shall be granted by the city council without a public hearing by the planning and zoning board as required herein nor without a report having been made by the commission to the city council and every report shall be accompanied by a finding of fact specifying the reasons for the reported recommendations.

(b)

The planning and zoning board shall review the application, the recommendation of the city administrator, and the testimony at the public hearing and shall recommend approval, recommend approval subject to specified conditions, or recommend denial of the preliminary development plan. If the planning and zoning board neither approves nor disapproves the amendment within 60 days after the same has been submitted, it shall be considered to be approved by the commission. However, the person requesting the special use and the commission may mutually agree to an extension of time.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

In considering all appeals and a review by the city administrator, the commission shall, before recommending that the city council approve any preliminary development plan in a specific case, first determine and make a finding of fact that the proposed planned unit development:

(1)

Is necessary or desirable to provide a service which is in the interest of public convenience.

(2)

Will cause no additional threat to public health, safety, or welfare or the creation of a nuisance.

(3)

Will cause no additional public expense for flood protection, fire rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.

(4)

Will not unduly increase traffic congestion on public roads and highways.

(5)

Will not alter the essential character of the property in question.

(6)

Meets other requirements of this chapter, such as parking and landscaping.

(7)

Is consistent with the purpose and intent of the city's comprehensive plan.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

(a)

Upon the report of the planning and zoning board and the city administrator, the city council, without further public hearing, may adopt or deny the proposed preliminary development plan for a planned unit development or may refer the report back to the commission for further consideration.

(b)

No preliminary development plan shall be considered approved unless it receives a simple majority vote of the city council.

(c)

Approval of the preliminary development plan by the city council does not constitute approval of the plan, but is merely an authorization to proceed with the preparation of the final development plan.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

(a)

Within one year following the approval of the preliminary development plan by the city council, the applicant shall submit the final development plan with the city administrator. Nine copies of the final development plan shall be filed containing all information, plans, and data as required by this section:

(1)

All material listed in subsection (h) of this section for the preliminary development plan.

(2)

Certificates, seals, and signatures required for the dedication of land, covenants, easements, recording the documents, and such other legal documents as may be required.

(3)

Accurate tabulations on the use of the area including land area, number of buildings, number of dwelling units per acre (if applicable), total common open space, percentage of paved area, and total number of parking spaces provided.

(4)

Any other plans or specifications that may be necessary for final engineering approval of drainage, street design, and other facilities by the planning and zoning board.

(5)

A development schedule indicating:

a.

The date when construction of the project will begin.

b.

The stages in which the project will be built and the approximate dates when construction of each stage will begin.

c.

The approximate dates when the development of each of the stages will be completed.

d.

The area and location of common open space that will be provided at each stage.

Failure to maintain the schedule will authorize revocation of the approval for the planned unit development and no further building permits or occupancy permits shall be granted.

(b)

If the applicant intends to sell or lease all or a portion of the planned unit development after the project is approved, a statement shall be presented to the city council. The conditions of sale and maintenance of such developed properties shall be stipulated. Any covenants, deed restrictions, or other similar agreements between the applicant and future owners shall be presented.

(c)

The applicant shall set forth in detail the proposal for the perpetual maintenance of common areas and other community facilities, such as, but not limited to, landscaped areas, pedestrian walkways, recreation facilities, parking areas, project gates, project security or protective devices, wastewater treatment facilities, or potable water supply. This proposal for such maintenance may include one or more of the following devices: mandatory homeowners' association or community association permanent trust, public ownership and maintenance of the fee or a lesser interest, public utility maintenance or operation by the landlord, a combination of one or more of these arrangements, or a similar device. The proposal for perpetual maintenance shall be subject to city approval with or without modification deemed necessary to insure perpetuity.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

The planning and zoning board shall review the final development plan and the recommendation of the city administrator and shall approve, approve subject to specified conditions, or deny the final development plan. The decision shall be based on whether the final development plan is in sufficient compliance with the preliminary development plan. If the planning and zoning board neither approves nor disapproves the amendment within 60 days after the same has been submitted, it shall be considered to be approved by the commission. However, the person requesting the special use and the commission may mutually agree to an extension of time.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

(a)

Upon the report of the planning and zoning board and the city administrator, the city council, without further public hearing, may adopt or deny the proposed final development plan for a planned unit development or may refer the report back to the commission for further consideration.

(b)

No final development plan shall be considered approved unless it receives a simple majority vote of the city council.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)

(a)

No changes may be made in the final development plan during the construction of a planned unit development except upon application to the city administrator, who shall refer it to the planning and zoning board. Minor changes in the location, siting, and height of buildings and structures may be authorized by the planning and zoning board without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this section may cause any of the following:

(1)

A change in the use or character of the development;

(2)

An increase in overall coverage of structures;

(3)

An increase in the intensity of use;

(4)

A reduction in approved open space;

(5)

A reduction of off-street parking and loading spaces;

(6)

An increase in the problems of traffic circulation and public utilities;

(7)

A reduction in approved pavement widths.

(b)

All other changes in use, or rearrangement of lots, blocks and building tracts, or any changes in the provision of common open space and all other changes must be made by the city council after a public hearing and a recommendation by the planning and zoning board. Any changes which are made to the final development plan shall be made as amendments to the recorded copy of the final development plan. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved, or by changes that are approved in the final plan, and must be recorded as amendments in accordance with the provisions provided in article XV of this chapter.

(c)

The applicant shall conform to the development schedule as required in this section. If no construction has begun or no approved principal use is established in the planned unit development within one year from the approval of the final development plan by the city council, the approval of the formal development plan shall lapse and be voided and no longer be in effect.

(d)

In its discretion and for good cause, the planning and zoning board may recommend to the city council the extension, for one additional year, of the period for the beginning of construction, the establishment of an approved principal use, or completion of a phase of development as indicated in the development schedule. If a final development plan lapses under the provisions of this section, the city administrator shall notify the applicant, at the address given on the plan submitted, of the revocation or approval of the planned unit development.

(Code 1977, § 17.52.070; Ord. No. 06-04, 2006)