A.

Intent. The intent of the planned unit development (PUD) overlay zone is to encourage new development not limited by the strict application of this title. The city may approve, disapprove or modify the proposal submitted by an applicant. More specifically, it is the purpose of this chapter to:

1.

Encourage flexibility in design and development that will result in a more efficient and desirable use of land;

2.

Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, off-street parking areas, and otherwise better utilize the potential of sites characterized by special features, such as geography, topography, size or shape;

3.

Provide for maximum efficiency in layout of streets, utility networks, and other public improvements;

4.

Produce an integrated or balanced development of mutually supportive uses that might otherwise be inharmonious or incongruous;

5.

Provide a guide for developers and city officials who review and approve developments meeting the standards and purposes of this chapter; and

6.

Encourage high quality residential and mixed use development.

B.

Overlay Zone. Planned unit development, approved in accordance with the procedures of this chapter, shall be an overlay zone and may be applied where designated by the city of Morton comprehensive plan, or on a parcel in any residential zoning district where the parcel contains critical areas. In addition, manufactured home parks and recreational vehicle parks are permitted through planned unit development, pursuant to Chapter 17.36 of this title. The approval of a planned unit development shall modify and supersede the regulations of the underlying zone district, except in the case of allowable uses, or as specified in Chapter 17.36 of this title.

C.

Application Procedure. Planned unit development projects may be initiated by any owner or group of owners of property acting jointly, or as a developer authorized to act as agent for an owner or group of owners. Such application shall be made on the forms provided by the department, together with a filing fee as established by the city.

D.

Application Contents. An application for a planned unit development shall include the following information:

1.

The acreage contained within the proposed planned unit development; the total number of dwelling units being proposed; and the average number of dwelling units per acre of land;

2.

The number and acreage of each type of dwelling units proposed;

3.

The acreage of open space to be contained in the planned unit development and the percentage it represents of the total area;

4.

The total acreage of each type of nonresidential use, including the approximate floor area and type of commercial uses;

5.

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, including the approximate size in acres of each phase, and the proposed phasing of construction of public improvements and recreational and common open space areas;

6.

A landscape design plan, including types and heights of vegetation and a vegetation maintenance schedule;

7.

Traffic/transportation plan, including pedestrian facilities (e.g., trails), and;

8.

Drainage plan, including storm water control.

E.

Public Hearing Required. The application for a planned unit development shall be heard before the planning commission. The city shall approve or deny the development based on at least, but not limited to, the following criteria:

1.

Substantial conformance to the city of Morton comprehensive plan;

2.

The proposal's compatibility with the surrounding area or its potential future use; and

3.

The proposal shall be designed to minimize impacts on adjacent properties and, conversely, to minimize impacts of adjacent land use and development on the proposal.

F.

Implementation of the PUD:

1.

The city shall review the status of development pursuant to the adopted development schedule. Review shall occur not less than once every five years until substantially complete development of the planned unit development is accomplished.

2.

If the city finds that substantial completion of development projected for a given review phase has been accomplished, and that development has met and is projected to meet the terms and intent of the PUD and other applicable plans and policies, the city may authorize the subsequent phase. If the city finds that these criteria have not been met, the city may extend the period for completion of that phase or terminate master plan approval for subsequent phases. In determining whether to extend or terminate, the city shall consider the reasons completion has not occurred and whether the public interest would be best served by extension or termination.

3.

Site plans, subdivisions and other specific development actions, when consistent with the provisions of the PUD, shall be approved through the standard process for the type of application being made. These actions shall be taken concurrent with or subsequent to approval of the master plan and may accompany development of the site in phases. Review of such actions shall be subject to the laws and regulations that would be applicable to such an action regardless of its inclusion within a planned unit development.

G.

Bond—Public Improvements.

1.

The developer shall bear the responsibility of creating a perimeter transition sufficient to protect the interests of the surrounding property owners, the neighborhood, and the city as a whole.

2.

Planned unit development projects shall be complete developments and may be required to include facilities such as paved streets, curbs, sidewalks, street lights, drainage, open space, sanitary sewer, underground power and telephone lines, landscaping, screening, signs, and off-street parking in conformance with the requirements and allowances of city.

3.

The applicant shall furnish the city with a performance bond or other acceptable surety approved by the prosecuting attorney, guaranteeing installation of specified public improvements and landscaping.

H.

Exemption from Zoning Regulations. A planned unit development shall be exempt from the minimum requirements of the underlying zoning district, except as provided for below:

1.

Minimum Densities. Minimum density established by the underlying zone district shall prevail.

2.

Setbacks. Setbacks from the exterior boundary line of the PUD area shall be comparable to or compatible with those of the existing development on adjacent properties, or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given existing zoning of such properties or the projections of the comprehensive plan. In no event shall such setback be less than twenty (20) feet.

3.

Development Coverage. Maximum development coverage per lot as established by the underlying zone districts may be exceeded by no more than twenty-five (25) percent.

4.

Uses Allowed. The uses of the development shall be limited to those allowed either as permitted, accessory or special uses in the underlying zones.

5.

Open Space/Park. The open space/park dedication requirements of the underlying zoning districts shall prevail.

6.

Parking and Commercial Uses. The parking requirements of Chapter 17.48 (parking standards) shall be adhered to.

I.

Exemption from Platting and Subdivision Requirements. A planned unit development shall be exempt from the platting and procedure requirements of the subdivision regulations, except that when the planned unit development is a part of a larger ownership and is intended for individual ownership, sale or public dedication, or if any parcel of land within a planned unit development is intended for individual ownership, sale or public dedication, the platting and procedural requirements and applicable state laws pertaining to the subdivision, and conveyance of land and the preparation of maps shall be followed.

J.

Administration and Enforcement.

1.

Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when the work to be performed meets the requirements of the approved planned unit development.

2.

Amendments to the Approved Planned Unit Development. The city may allow changes to the approved planned unit development as long as the changes are consistent with all applicable city plans and policies. Such changes shall require an additional pubic hearing.

3.

Minor Administrative Alterations. Once a preliminary plat, site plan or other development permit reviewed by the city has been approved, it shall not be altered unless approved by city upon a determination that the alteration is not substantial enough to constitute a change to the approved planned unit development.

(Ord. No. 05-6, § 3 (5.000), 12-27-05)

Editor's note— Ord. No. 05-6, § 3 (6.060), adopted December 27, 2005, repealed the former § 17.32.050, and enacted a new § 17.32.050 as set out herein. The former § 17.32.050 pertained to similar subject matter and derived from Ord. No. 523, § 1 (part) Exh. A § 6.050, 1998)