The Planned Unit Development, herein referred to as PUD, is a Special Zoning District category that provides an alternate approach to conventional land use controls. The PUD may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to a Master Development Plan. The PUD is subject to special review procedures, and once approved by the City Council it becomes a special zoning classifications for the property it represents.

The intent and purpose of the Planned Unit Development are to:

A.

Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use, assuring compatibility with adjoining and proximate properties, and following the guidelines of the Comprehensive Plan;

B.

Permit flexibility within the development to maximize the unique physical features of the particular site;

C.

Encourage efficient use of land, facilitate economic arrangement of buildings and circulation systems, and encourage diversified living environments and land uses;

D.

Achieve a continuity of function and design within the development and to encourage diversified living environments and land uses; and

E.

Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development and protect the health, safety and welfare of the community.

A PUD may be authorized by an amendment to the official Zoning Districts map after public hearings by the Planning Commission and the City of Noble, provided it complies with the following requirements:

A.

Location and Use. A PUD shall be considered a special zoning district; and it may be authorized for any use or combination of uses permitted in this Zoning Planning and Zoning Code.

B.

Planned Unit Development Master Plan Required.

1.

The basis for review and approval of a PUD application shall be the PUD Master Plan, which shall be adopted as a part of the Planning and Zoning Code of rezoning in conformance with the requirements described in these regulations.

2.

The PUD Master Plan shall consist of two elements, the Design Statement and the Master Development Plan Map.

3.

The PUD Master Plan establishes residential densities, as well as amount, type, and general location of all land uses.

4.

The PUD Master Plan shall serve as the basis for review and approval of all subdivision plats and building permits within the PUD.

C.

Effect of Planned Unit Development Approval.

1.

Approval of a zoning change to PUD adopts the Master Plan prepared by the applicant and reviewed as a part of the application. The Master Plan establishes new and specific requirements for amount and type of land use, residential densities, development regulations and location of specific elements of the development, such as open space and screening.

2.

The PUD classification replaces any previous zoning district classification of a parcel.

3.

Where there is no provision in the PUD Master Plan for special Development Regulations, the requirements of the most restrictive conventional zoning district in which a proposed use or a structure is permitted shall be applied to the development.

A.

Purpose. Because the PUD provides the opportunity for higher densities, greater design flexibility, mixed land uses, and improved marketable, the applicant should be prepared to provide amenities and services that might not be required or possible in a conventional development. Review and approval of a PUD is, therefore, a process of negotiation between the City government and the applicant to achieve the intents and purposes of these regulations and Comprehensive Plan. The following factors should be specifically included as review criteria for the evaluation of a PUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals.

B.

Design Standards.

1.

The proposed PUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the Comprehensive Plan and the land uses and zoning districts adjacent to it.

2.

Design of the PUD may provide for modification of conventional zoning Planning and Zoning Code requirements for such elements as yard areas, densities, set back, and height on individual lots in accordance with the PUD Master Plan.

3.

Density, land use, and intensity of use requirements shall be based on the PUD Master Plan and shall be in conformance with the Comprehensive Plan.

4.

Building Code requirements shall not be reduced in the design of a PUD.

5.

The maximum number of dwelling units within a PUD shall be based on calculation of gross density. Gross density shall be established in the PUD Master Plan and shall be calculated by dividing the total land area to be developed for residential uses (exclusive of arterial streets) by the number of dwelling units.

6.

Location and type of housing shall be established in a general pattern and shown on the Master Development Plan Map.

C.

Minimum Design and Construction Standards for Street and Alleys. Streets and alleys for PUD's shall be designed and constructed in accordance with City standards and specifications for right-of-way width and paving cross section; provided that modifications may be requested and approved as part of the Master Plan if the following criteria are met:

1.

Public Streets and Alleys. Proposed public street and alley modifications shall satisfy the following criteria:

a.

Street right-of-way and paving shall be adequate to provide a traffic carrying and utility installation capacity related to the design of the overall street system, the function of the individual street, and the land uses served.

b.

Paving cross sections shall be designed to be adequate to provide acceptable drainage in conformity with the drainage plan for the PUD; to receive loading commensurate with anticipate traffic based on the design of the overall street system; and to have a maintenance level commensurate with that of facilities constructed to regular standards.

2.

Private Street and Alleys. Proposed private street and alley modifications shall satisfy the criteria for public facility modifications listed above and the following:

a.

Private streets shall not be connected to an adjacent parcel which is not a part of the PUD in a manner that will circulate traffic into and through the private street system.

b.

The owner/applicant shall clearly demonstrate the existence and capabilities of a Property Owners Association to provide the ongoing and long-term maintenance of the private street and alley facilities that will not be provided by the City.

D.

General Design and Development Guidelines.

1.

Intensities. Proposed developments shall conform to the level of intensity guidelines in the Comprehensive Plan and should be developed in a manner and at a scale that will be compatible with adjacent developed neighborhoods.

2.

Amenities. Amenities should be considered as an important justification for development and City approval of a PUD. Where gross or net densities are to be increased to promote economic of development, or where other methods of land use intensification are proposed, usable open space should be furnished along with provision for its permanent retention and continued maintenance. Sidewalks and pedestrian ways should be planned where it is necessary to provide for amenities and public safety.

3.

Minimum Land Area and Frontage. The minimum area and frontage for a PUD request involving office, commercial or industrial land uses should generally be at least the minimum required by the conventional zoning associated with the proposal.

4.

Streets.

a.

Street design should be innovative and should restrict through traffic from residential areas as much as possible.

b.

Encouragement should be given to design of short local streets serving limited access, such as the residential cul-de-sac.

c.

Street right-of-way widths may be reduced provided easements are granted along each side of the street. The easement width when added to the street right-of-way width shall equal or exceed the conventional right-of-way width.

d.

Development of a private street system should be considered appropriate under certain conditions where there is no through traffic. However, a private street system should not serve as a reason for reduction of minimum design and paving standards.

e.

On-street parking bays or other similar areas where vehicles must be backed into the traffic flow should not be approved on arterial or collector streets or any local street; provided, however that certain cul-de-sac or small loop street designs may be considered as appropriate.

5.

Parking. If the front building line in residential areas is less than twenty (20) feet the Planning Commission and City Council may require additional guest parking at the suggested rate of one additional space per 7.5 units.

6.

Relationship to Abutting Uses.

a.

The Master Development Plan Map should show graphically the treatments that will be employed to separate the PUD from abutting properties, including commitments to landscaping, screening, earth berms, or similar techniques.

b.

It is appropriate to specifically establish areas with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower intensity area.

7.

Mixed Land Use Development. Where a PUD proposes a mix of uses which would generally be incompatible with a conventional development, the PUD Master Plan should specifically establish appropriate guidelines to assure a harmonious development.

8.

Common Access. In commercial or industrial developments, the PUD Master Plan should establish specific standards and locations for common access driveways both within the development and abutting arterial streets. Approval of the bonus provisions in the Parking and Loading sections of the Zoning Code for shared parking facilities should only be authorized in PUD's where this access commitment is provided in the PUD Master Plan.

A.

The developer and/or builder of a PUD shall follow a five step application and review procedure:

1.

Pre-Application Review.

2.

Application for Rezoning, Submission of PUD Master Plan, including the Design Statement and Master Development Plan Map.

3.

Preliminary Plat, where required by the Subdivision Regulations.

4.

Final Plat, where required by the Subdivision Regulations.

5.

Application for Building Permit and Site Plan Review.

B.

Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the Subdivision Regulations may be substituted in Steps 3 and 4 above. The Planning Commission and may, however, review more than one step at the same public hearing.

C.

Public Hearing.

1.

Public Hearings shall be held on the application for rezoning and the PUD Master Plan in accordance with regular procedures for zoning applications.

2.

Public hearings on required plats shall be held in accordance with regular procedures established in the Subdivision Regulations.

A.

Step 1. Pre-Application Review. At least 30 days prior to submission of an application for rezoning to a Planned Unit Development, the applicant shall submit to the City Engineer, a freehand pencil sketch plan drawn to approximate scale showing streets, lots, public areas, and other significant features. The applicant should discuss with the City Engineer the procedure for adopting a Planned Unit Development and the requirements for the general layout of streets and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters. The City Engineer shall also advise the applicant, where appropriate, to discuss the proposed Planned Unit Development with those officials who must eventually review the various aspects of the proposal coming within their jurisdiction. The intent of the Pre-Application Review is to expedite and facilitate the approval of a PUD Master Plan.

B.

Step 2. Application for Rezoning and PUD Master Plan.

1.

The PUD application for rezoning shall be filled in accordance with regular procedures and on application forms of the City of Noble. The PUD Master Plan, which is submitted with the application for rezoning, shall consist of a Design Statement and a Master Development Plan Map. The applicant shall also provide other supporting maps as necessary to meet the submission requirements of this Planning and Zoning Code.

a.

The Master Development Plan Map shall be a graphic representation of the development plan for the area, prepared at a scale appropriate for the size of the project but no less than the minimum required for preliminary plats in the Subdivision Regulations. It shall show the following:

(1)

Location of proposed land uses, and residential densities;

(2)

Location of collector and local streets within the PUD and adjacent arterial streets;

(3)

Sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed;

(4)

Location and approximate size of proposed open space and recreation area;

(5)

Areas where access to streets will be limited and location of driveways where appropriate;

(6)

Any other pertinent information necessary for review, approval, and administration of the PUD.

b.

The PUD Design Statement shall be a written report submitted as a part of the PUD Master Plan containing a minimum of the following elements:

(1)

Title of PUD;

(2)

List of the owners and /or developers;

(3)

Statement of the general location and relationship to adjoining land uses, both existing and proposed;

(4)

Description of the PUD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description proposed, a general description of building use types, proposed restrictions, and typical site layouts;

(5)

The existing PUD zoning districts in the development area and surrounding it;

(6)

A list of all special Development Regulations or the conventional Zoning District regulations which will be applicable; plus a list of requested variations to the Subdivision Regulations or other applicable development regulations;

(7)

A statement on the existing and proposed streets, including right-of-way standards and street design concepts;

(8)

The following physical characteristic: elevation, slope analysis, soil characteristics, tree cover, and drainage information;

(9)

A topographic map with minimum five foot contour intervals;

(10)

Drainage information, including number of acres in the drainage-area and delineation of applicable flood levels;

(11)

A statement of utility lines and services to be installed, including which lines will be dedicated to the City and which will remain private;

(12)

The proposed densities, and the use types and sizes of structures; and

(13)

A description of the proposed sequence of development.

2.

Upon final approval of the PUD Master Plan and the appropriate Planning and Zoning Code of rezoning, these elements shall become a part of the Official Zoning Districts Map. The Planning and Zoning Code of rezoning shall adopt the PUD Master Plan by reference, and it shall be attached to said Planning and Zoning Code and become a part of the official records of the City of Noble.

3.

The PUD Master Plan shall control the use and development of the property, and all building permits and development requests shall be in accord with said Plan until it is otherwise amended by the City. The developer shall furnish a reproducible copy of the approved Master Development Plan Map for signature by the Chairman of the Planning Commission, the Mayor, and the acknowledgment by the City Clerk. The PUD Master Plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the City Clerk.

C.

Step 3. Preliminary Plat. Upon approval of the PUD Master Plan and the Planning and Zoning Code of rezoning, the developer shall prepare a preliminary plat for the entire development area. Where a recorded plat exists and where there will be no extensive easements, no property owner's associations, which do not conform to the platted lot lines, the Planning Commission may waive the platting requirement.

D.

Step 4. Final Plat.

1.

Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the Planning Commission and the City of Noble. In addition to these procedures, the final plat shall include:

a.

Provisions for the ownership and maintenance of common open space. Said open space may be dedicated to a private association or to the public provided that a dedication to the public shall not be accepted without the approval of the City.

b.

A homeowners' or property owners' association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, service and parking areas, and recreation areas.

c.

Covenants shall be submitted to Planning Commission and City to reasonably ensure the continued compliance with the approved PUD Master Plan. In order that the public interest may be protected, the City shall be made a beneficiary of the covenants pertaining to such matters as location of uses, height of structures, common facilities, and access. Such covenants shall provide that the City may enforce compliance therewith.

2.

If there is no plat required, then Paragraphs (a(, (b), and (c) above shall be submitted and approved as a part of the PUD Master Plan at the time of rezoning.

E.

Step 5. Plot Plan. A plot plan shall be submitted upon the application for a building permit and reviewed in accordance with procedures established in this code.

A.

The City Engineer shall be permitted to approve minor amendments and adjustments to the PUD Master Plan provided the following conditions are satisfied:

1.

The project boundaries are not altered.

2.

Uses other than those specifically approved in the PUD Master Plan are not added. Uses may be deleted but not to the extent that the character of the project are not substantially altered.

3.

The allocation of land to particular uses or the relationship of uses within the project are not substantially altered.

4.

The density of housing is not increased more than ten (10) percent or decreased by more than thirty (30) percent.

5.

The land area allocated to non-residential uses is not increased or decreased by more than ten (10) percent.

6.

Floor area, if prescribed, is not increased or decreased by more than twenty (20) percent.

7.

Floor area ratios, if prescribed, are not decreased.

8.

Open space ratios, if prescribed, are not decreased.

9.

Height restrictions, yard requirements, lot coverage restrictions and other areas, height, and bulk requirements prescribed in the PUD Master Plan are not substantially altered.

10.

The circulation system is not substantially altered in design, configuration, or location.

11.

The design and location of access points the project are not substantially altered either in design or capacity.

B.

The City Engineer shall determine if proposed amendments to an approved Master Development Plan satisfied, an amended PUD Master Plan shall be submitted for full review and approval according to the procedures set forth in these regulations.

A.

Property Owner Request. If the property owner decides to abandon the PUD Master Plan, he shall make application for rezoning either to the original status or to a new classification. Said application shall be heard according to regular procedures by the Planning Commission and City.

B.

Continuing Review by City Engineer. If development of the PUD has not been started within three years of the date of approval of the PUD Master Plan, the City Engineer may request a report from the applicant/owner to determine the status of the project. Such additional requests may be made as necessary.

PUD's which were adopted prior to this ordinance shall remain in effect under the regulations they were adopted (prior to January 1, 2001).

The Simplified Planned Unit Development, herein referred to as SPUD, is a Special Zoning District category that provides an alternate approach to conventional land use controls. The PUD may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to a Master Development Plan Map. The SPUD is subject to special review procedures, and once approved by the City Council it becomes a special zoning classifications for the property it represents.

The intent and purpose of the Simplified Planned Unit Development are to:

A.

Maintain appropriate limitations on the character and intensity of use, assuring compatibility with adjoining and proximate properties, and following the guidelines of the Comprehensive Plan;

B.

Encourage efficient uses of land, facilitate economic arrangement of buildings and circulation systems;

C.

Encourage innovative development and protect the health, safety and welfare of the community.

A SPUD may be authorized by an amendment to the official Zoning Districts map after public hearings by the Planning Commission and the City Council, provided it complies with the following requirements:

A.

Location and Use. A SPUD shall be considered a special zoning district; and it may be authorized for any use or combination of uses permitted in this Zoning Planning and Zoning Code.

B.

Simplified Planned Unit Development Master Plan Required.

1.

The basis for review and approval of a PUD application shall be the PUD Master Plan, which shall be adopted as a part of the Planning and Zoning Code of rezoning in conformance with the requirements described in these regulations.

2.

The SPUD Master Plan shall consist of two elements, the Design Statement on an application form provided by the City and the Master Development Plan Map.

3.

The SPUD Master Plan establishes residential densities, if appropriate, as well as amount, type, and general location of all land uses.

4.

The SPUD Master Plan shall serve as the basis for review and approval of all subdivision plats and building permits within the PUD.

C.

Effect of Simplified Planned Unit Development Approval.

1.

Approval of a zoning change to SPUD adopts the Master Plan prepared by the applicant and reviewed as a part of the application. The Master Plan establishes new and specific requirements for amount and type of land use, residential densities, development regulations and location of specific elements of the development, such as open space and screening.

2.

The SPUD classification replaces any previous zoning district classification of a parcel.

3.

Where there is no provision in the SPUD Master Plan for special Development Regulations, the requirements of the conventional zoning district in which a proposed use or a structure is permitted shall be applied to the development.

A.

Purpose. The applicant should be prepared to provide amenities and services that may not be required or possible in a conventional development. Review and approval of a SPUD is therefore a process of negotiation between the city government and the applicant to achieve the intents and purposes of these regulations and the Comprehensive Plan. The following factors should be specifically included as review criteria for the evaluation of a SPUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals.

B.

Design Standards.

1.

The proposed SPUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the Comprehensive Plan and the land uses and zoning districts adjacent to it.

2.

Design of the SPUD shall be governed by the regulations of only one conventional zoning district, the use regulations of the conventional zoning district can only be modified to decrease, not increase, the number of allowed uses (permitted, special use permits); and the development regulations of the conventional zoning district are modified only to make them more restrictive, not less restrictive.

3.

Density, land use, and intensity of use requirements shall be based on the SPUD Master Plan and shall be in conformance with the Comprehensive Plan.

4.

Building Code requirements shall not be reduced in the design of a SPUD.

5.

The maximum number of dwelling units within a SPUD shall be based on calculation of gross density. Gross density shall be established in the SPUD Master Plan and shall be calculated by dividing the total land area to be developed for residential uses (exclusive of arterial streets) by the number of dwelling units.

6.

Location and type of housing shall be established in a general pattern and shown on the Master Development Plan Map.

C.

Minimum Design and Construction Standards for Street and Alleys. Streets and alleys for SPUD's shall be designed and constructed in accordance with City standards and specifications for right-of-way width and paving cross sections.

1.

Public Streets and Alleys. Proposed public street and alley modifications shall satisfy the following criteria:

a.

Street right-of-way and paving shall be adequate to provide a traffic carrying and utility installation capacity related to the design of the individual street, and the land uses served.

b.

Paving cross sections shall be designed to be adequate to provide acceptable drainage in conformity with the drainage plan for the SPUD; to receive loading commensurate with anticipate traffic based on the design of the overall street system; and to have a maintenance level commensurate with that of facilities constructed to regular standards.

2.

Private Street and Alleys. Proposed private street and alley modifications shall satisfy the criteria for public facility modifications listed above and the following:

a.

Private streets shall not be connected to an adjacent parcel which is not a part of the SPUD in a manner that will circulate traffic into and through the private street system.

b.

The owner/applicant shall clearly demonstrate the existence and capabilities of a Property Owners Association to provide the ongoing and long-term maintenance of the private street and alley facilities that will not be provided by the City.

D.

General Design and Development Guidelines.

1.

Intensities. Proposed developments shall conform to the level of intensity guidelines in the Comprehensive Plan and should be developed in a manner and at a scale that will be compatible with adjacent developed neighborhoods.

2.

Amenities. Amenities should be considered as an important justification for development and City approval of a SPUD. The applicant should be prepared to provide required or possible services that may not be required or possible in a conventional development such as additional landscaping, usable open space, fencing, curb cuts, limits of no access, sidewalks, and pedestrian ways where necessary to provide for public safety, signage, etc to provide development compatible with adjacent developments and neighborhoods.

3.

Land Area and Frontage. The minimum area and frontage for a SPUD request shall be at least the minimum required by the conventional zoning associated with the proposal. The maximum area for the tract, parcel or land shall be no more than two (2) acres in size.

4.

Streets.

a.

Street design should be innovative and should restrict through traffic from residential areas as much as possible.

b.

Encouragement should be given to design of short local streets serving limited access, such as the residential cul-de-sac.

c.

Local street right-of-way widths shall not be reduced. Utility easements shall be provided as required by policy unless the applicant can provide a letter from each utility company stating that they have no present or future need for a utility easement in the area which abuts the street.

d.

Development of a private street system should be considered appropriate under certain conditions where there is no through traffic.

e.

On-street parking bays or other similar areas where vehicles must be backed into the traffic flow shall not be approved.

5.

Off-Street Parking, Loading and Access. All uses shall contain adequate space on private property to provide for parking, loading and maneuvering of vehicles in accordance with the regulations established in the zoning regulations.

6.

Relationship to Abutting Uses.

a.

The Master Development Plan Map should show graphically the treatments that will be employed to separate the PUD from abutting properties, including commitments to landscaping, screening, earth berms, or similar techniques.

b.

It is appropriate to specifically establish areas with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower intensity area.

A.

The developer and/or builder of a SPUD shall follow a five step application and review procedure:

1.

Pre-Application Meeting.

2.

Application for Rezoning, Submission of SPUD Master Plan, including the Design Statement on an application form provided by the City, and Master Development Plan Map.

3.

Preliminary Plat, where required by the Subdivision Regulations, if the property is to be divided and sold off as separate tracts.

4.

Final Plat, where required by the Subdivision Regulations, if a property is to be divided and sold off as separate tracts.

5.

Application for Building Permit and Site Plan Review.

B.

Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the Subdivision Regulations may be substituted in Steps 3 and 4 above. The Planning Commission and may, however, review more than one step at the same public hearing.

C.

Public Hearing.

1.

Public Hearings shall be held on the application for rezoning and the SPUD Master Plan in accordance with regular procedures for zoning applications.

2.

Public hearings on required plats shall be held in accordance with regular procedures established in the Subdivision Regulations.

A.

Step 1. Pre-Application Review. Prior To submitting an application, the applicant should discuss with the City Engineer the procedure for adopting a Simplified Planned Unit Development and the requirements for the general layout of streets design and narrative, the availability of existing services, and similar matters. The City Engineer shall also advise the applicant, where appropriate, to discuss the proposed Simplified Planned Unit Development with those officials who must eventually review the various aspects of the proposal coming within their jurisdiction. The intent of the pre-application meeting is to expedite and facilitate the approval of a SPUD Master Plan.

B.

Step 2. Application for Rezoning and SPUD Master Plan.

1.

The SPUD application for rezoning shall be filled in accordance with regular procedures and on application forms of the City of Noble. The SPUD Master Plan, which is submitted with the application for rezoning, shall consist of a Design Statement on an application form provided by the City and a Master Development Plan Map. The applicant shall also provide other supporting maps as necessary to meet the submission requirements of this Planning and Zoning Code.

a.

The Master Development Plan Map shall be a graphic representation of the development plan for the area, prepared at a scale appropriate for the size of the project but no less than on an 8 ½" by 11" plan. It shall show the following:

(1)

Location of existing buildings and proposed buildings (if known);

(2)

Location of collector and local streets within the SPUD and adjacent arterial streets;

(3)

Sufficient surrounding area to demonstrate the relationship of the SPUD to adjoining uses, both existing and proposed;

(4)

Location and approximate size of proposed open space and recreation area;

(5)

Areas where access to streets will be limited and location of proposed curb cuts;

(6)

Any other pertinent information necessary for review, approval, and administration of the PUD.

b.

The SPUD Design Statement shall be a written report submitted as a part of the SPUD Master Plan containing a minimum of the following elements:

(1)

List of the owners and /or developers;

(2)

Statement of the general location and relationship to adjoining land uses, both existing and proposed;

(3)

The use or uses that would be permitted on the site;

(4)

A list of all special Development Regulations or the conventional Zoning District regulations which will be applicable;

(5)

A statement on the existing and proposed streets, including right-of-way standards and street design concepts;

(6)

The following physical characteristic: elevation, slope analysis, soil characteristics, tree cover, and drainage information;

(7)

Existing or proposed building(s), number of building(s), front, rear and side yard setback lines;

(8)

A statement of utility lines and services to be installed, including which lines will be dedicated to the City and which will remain private;

(9)

A description of the proposed sequence of development.

2.

Upon final approval by the City Council of the SPUD Master Plan and the ordinance of rezoning, these elements shall become a part of the Official Zoning Districts Map. The ordinance of rezoning shall adopt the SPUD Master Plan by reference, and it shall be attached to said ordinance and become a part of the official records of the City.

3.

The SPUD Master Plan shall control the use and development of the property, and all building permits and development requests shall be in accord with said Plan until it is otherwise amended by the City.

C.

Step 3. Preliminary Plat. Upon approval of the SPUD Master Plan and the Planning and Zoning Code of rezoning, the developer shall prepare a preliminary plat for the property that has not been platted, should the developer of said property decide to sell individual tracts within the SPUD, the developer shall prepare a preliminary and final plat for the entire development area. Upon approval of a SPUD where a recorded plat exists and where there will be no extensive easements, no property owners' association, no plat restrictions, and no sale of lots which do not conform to the platted lot lines, preliminary and final platting shall not be required.

D.

Step 4. Final Plat.

1.

Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the Planning Commission and the City Council. In addition to these procedures, the final plat shall include:

a.

Provisions for the ownership and maintenance of common open space. Said open space may be dedicated to a private association or to the public provided that a dedication to the public shall not be accepted without the approval of the City Council.

b.

A homeowners' or property owners' association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, service and parking areas, and recreation areas.

E.

Step 5. Plot Plan. A plot plan shall be submitted upon the application for a building permit and reviewed for compliance with the SPUD documents.

A.

The City Engineer shall be permitted to approve minor amendments and adjustments to the PUD Master Plan provided the following conditions are satisfied:

1.

The project boundaries are not altered.

2.

Uses other than those specifically approved in the SPUD Master Plan are not added. Uses may be deleted but not to the extent that the character of the project are not substantially altered.

3.

The allocation of land to particular uses or the relationship of uses within the project are not substantially altered.

4.

The density of housing is not increased more than ten (10) percent or decreased by more than thirty (30) percent.

5.

The land area allocated to non-residential uses is not increased or decreased by more than ten (10) percent.

6.

Floor area, if prescribed, is not increased or decreased by more than twenty (20) percent.

7.

Floor area ratios, if prescribed, are not increased.

8.

Open space ratios, if prescribed, are not decreased.

9.

Height restrictions, yard requirements, lot coverage restrictions and other areas, height, and bulk requirements prescribed in the SPUD Master Plan are not substantially altered.

10.

The circulation system is not substantially altered in design, configuration, or location.

11.

The design and location of access points the project are not substantially altered either in design or capacity.

B.

The City Engineer shall determine if proposed amendments to an approved Master Development Plan satisfied the above criteria. If the City Engineer finds that these criteria are not satisfied, an amended SPUD Master Plan shall be submitted for full review and approval according to the procedures set forth in these regulations.

A.

Property Owner Request. If the property owner decides to abandon the SPUD Master Plan, he shall make application for rezoning either to the original status or to a new classification. Said application shall be heard according to regular procedures by the Planning Commission and City.

B.

Continuing Review by City Engineer. If development of the SPUD has not been started within three years of the date of approval of the SPUD Master Plan, the City Engineer may request a report from the applicant/owner to determine the status of the project. Such additional requests may be made as necessary.

SPUD's which were adopted prior to this ordinance shall remain in effect under the regulations they were adopted (prior to January 1, 2001).