1. Planned developments are unique and substantially different from conventional subdivisions. Such development may provide for a wide range of development techniques and ownership methods, including conventional subdivisions, cluster developments, condominium ownership of land and buildings or other ownership techniques.
2. The purpose of the planned unit development regulations is to allow more creative and imaginative design for land developments than is possible under the more conventional zoning regulations. In this regard, the bulk and use regulations of any district may be modified within a planned unit development.
3. Preservation of natural site qualities, better urban amenities, more open space and a higher quality project are the desired results of the planned unit development process.
   1. The following objectives are sought through the use of the planned unit development procedure:
      1. To permit a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities.
      2. To encourage a pattern of development to preserve natural vegetation, topographic and geological features and environmentally appropriate features.
      3. To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development.
      4. To provide for more usable and suitably located recreation facilities and other public and private facilities.
      5. To encourage a land use which promotes the public health, safety, comfort, morals and welfare.
   2. The planned unit development is intended to provide for projects incorporating a single type or a variety of related uses which are planned and developed as a unit. The planned unit development should provide amenities not otherwise required by law and often establishes facilities and open space greater than the minimums required by law.
   3. The unique and substantially different character of planned unit developments requires their administrative processing as a "special use" in this chapter, OCC 32.28 Planned unit developments are more complex and of a different character than other special uses requiring the establishment herein or specific and additional procedures, standards and exceptions to guide the recommendations of the plan commission and the action of the city council.

(Code 1987, § 7-246; Ord. No. 1065, 5-22-1995)

1. PUD Granted As Special Use: A planned unit development may be granted as a special use in accord with the procedures and standards of this chapter and may depart from the normal procedures, standards and other requirements of the other sections of this chapter.
2. Applications; Required Documents And Other Information: Applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents. Detailed plans, drawings and other information as specified by this chapter shall be required at the time of the various meetings and hearings. Each step shall be reviewed and certified by the zoning administrator as being in accordance with the planned unit development requirements.
   1. Pre-application Procedure: Pre-application conference: Prior to the filing of an application for approval of a planned unit development, the developer may request of the plan commission an information meeting to discuss the development of their land and submit an informal proposal therefor. The request for a pre-application conference shall be a part of a regularly scheduled plan commission meeting and shall be open to the public. The application shall be accompanied by a fee which shall be established by the city council from time to time and the materials set forth in OCC 32.28.040 paragraph A. The pre-application conference is not mandatory. It is intended that the informal proposal submitted will be in preliminary conceptual form, and the substance and details of the matters presented shall, beyond complying with OCC 32.28.040 paragraph A, be largely within the discretion of the developer. However, the plan commission may request the submission of other specified information or documentation. The purpose of the conference shall be informal communication, information and discussion, and no commitments shall be given, nor shall statements or opinions of the plan commission members be deemed binding. No recommendations need be made to, or acted upon by the city council.
   2. Preliminary Plat Procedure:
      1. Purpose: The purpose of the preliminary plat is to obtain tentative approval and or commitments from the city that the plans, design and program that the developer intends to build and follow are acceptable, and that the developer can reasonably proceed into final detailed architecture, engineering, surveying and landscape architecture in anticipation of final plat approval and subsequent construction. This is a relatively detailed submission that assures the developer that his plan is acceptable and that he can invest the money necessary to prepare final plans with the assurance that the final plat and plans will be accepted if they substantially conform to the preliminary plat and plans. It is at this state that final modifications, adjustments and interpretations are made to the conceptual plan.
      2. Procedure: A request for preliminary plat approval of the planned unit development shall be submitted to the zoning administrator who shall refer same to the plan commission for a public hearing and report and recommendation as to whether or not the city council should approve the preliminary plat. The required procedure for review of the preliminary plat shall be as follows:
         1. Submission of the following:
            1. Application for review of a planned unit development preliminary plat including all information and materials required in OCC 32.28.040 paragraph B. Twelve copies of all required information shall be submitted.
            2. The application shall be accompanied by a fee which shall be established by the city council from time-to-time and a signed agreement that the applicant will pay all fees incurred by the city for any consulting planners, engineers or legal review of the proposed development.
         2. The plan commission shall hold a public hearing on the application for a planned unit development, in accordance with the procedures of this chapter applicable to special uses. However, the zoning administrator may require notice to be given to owners abutting and opposite up to 500 feet beyond in any direction if he deems it necessary and reasonable because of the size or nature of the development, unusual configuration of the property involved, or any other reason likely to result in any direct impact of the development on these owners.
         3. Following the public hearing on the preliminary planned unit development plat and supporting data the plan commission shall, within 60 days, unless an extension is requested by the petitioner, submit findings of fact and a written recommendation for approval, modification or disapproval, and the reasons therefor, or indicate why a report cannot be rendered to the city council at that time.
         4. The city council, after receipt of the findings of fact and recommendation from the plan commission, shall approve, modify or disapprove the preliminary plat within a period of 30 days, unless an extension is requested by the petitioner. In the case of approval, or approval with modification, the city council shall pass an ordinance granting the special use and indicate their approval of the plat and arrange zoning map modifications as necessary. The city council may require such special conditions as they may deem necessary to ensure conformance with the intent of the planning objectives of the city and the stated purposes of the planned unit development.
         5. Approval of a preliminary planned unit development plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted to the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the city and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. The final plat shall be approved if it conforms with the preliminary plat.
3. Simultaneous Filing And Approval Of Preliminary And Final Plats: The preliminary and final plat may be filed and approved simultaneously or the final plat may be filed and approved without a preliminary plat if all of the land is developed at one time, and if all requirements of both the preliminary plat and final plat procedures are met.
4. Building Permit Subject To Final Plat Approval And Recording: No building permit shall be issued for any structure until the final plat has been filed, approved and recorded.
   1. Final Plat Procedure:
      1. Purpose: 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 space and building sites. The final plat is intended as a document to be recorded. The final plat shows the exact location of facilities while the preliminary plat shows the general location of the same facilities.
      2. Procedure: The final plat shall be submitted as a planned unit development plat and shall conform substantially to the preliminary plat as approved and, if desired by the developer, may be submitted in states with each state reflecting the approved preliminary plat which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plat shall be:
         1. The final plat and supporting data required in OCC 32.28.040 paragraph C by the zoning administrator to the plan commission for certification that the final plat and other required documentation are in conformity with this chapter, and consistent with the approved preliminary plat and with any documentation corollary thereto, and conditions of approval thereof, and further for review and recommendation at a public hearing of all architectural, landscaping, and any other aesthetic or other matters remaining to be approved after the preliminary plat state.
         2. After review of the final plat, the plan commission shall, within 30 days, unless extension is required by the petitioner, recommend approval or disapproval, and the reasons therefor, to the city council.
         3. The city council, after receipt of the final plat from the plan commission, shall approve or disapprove the final plat within a period of 30 days, unless an extension is requested by the petition; and if approved, shall pass an ordinance authorizing the planning unit development and allowing the issuance of all necessary permits.
         4. Permits are to be issued only after the final planned unit development plat and supporting data have been recorded with the county recorder of deeds, and shall be issued in full conformance with this chapter. Proof of the recording of the final plat shall be provided to the city clerk. However, the plan commission may recommend the issuance of permits for public improvements prior to recordation of the final plat, upon application of the developer and good cause shown and approval of the city council.
         5. Recording The Final Plat: 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. 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.
         6. Submission Requirements: The final plats must be submitted for approval in accordance with the scheduling approved by the plan commission. The first final plat must be submitted not later than six months from the approval of the preliminary plat and construction as authorized by the issuance of a building permit must begin within one year of the date of filing of the final plat dealing with such construction. In the event that same is not done, the planned unit development special use shall be null and void and the plan commission shall initiate such zoning changes as it deems necessary to serve the public interest. If construction falls more than six months behind the building schedule filed with the final plat, the city council shall either extend the schedule period or initiate action to revoke the planned unit development special use. Extensions in the building schedule for six-month period may be recommended by the plan commission and granted by the city council.
         7. Occupancy: Upon the completion of the planned unit development, a portion thereof, or an individual building or element of the planned unit development in full compliance with the final planned unit development plat and supporting data, then and only then may an occupancy permit be issued by the zoning administrator to allow the use of a building or facility.
   2. Changes In The Planned Unit Development: The planned unit development project shall be developed only according to the ordinance approving the final plat and all supporting data. The ordinance and supporting data together with all amendments shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises and location of structures in the planned unit development project as set forth therein. Changes to the approved and recorded planned unit development may be made as follows:
      1. Major Changes: Changes which alter the concept or intent of the planned unit development including increases in density, increases in the height of buildings, reductions of proposed open space, significant change in building facility locations, changes in the development schedule, changes in road standards, or other changes may be approved only by submission of a new final planned unit development plat and supporting data and following the final plat procedure. All changes to the original final plat shall be recorded with the county recorder of deeds as amendments to the final plat or reflected in the recording of a new revised final plat.
      2. Minor Changes: The zoning administrator may approve minor changes in the planned unit development which do not change the concept or intent of the development. Minor changes shall be any change not defined as a major change.

(Code 1987, § 7-247; Ord. No. 1065, 5-22-1995)

The planned unit development is authorized as a special use in each of the zoning districts of the zoning ordinance.

(Code 1987, § 7-248; Ord. No. 1065, 5-22-1995)

The planned unit development plats and supporting data shall include at least the following information, unless waived by the plan commission:

1. Pre-application Stage:
   1. General Site Information: Data regarding the site conditions, land characteristics, available community facilities and utilities, existing covenants, and other related information.
   2. Sketch Plan: A drawing showing the proposed location and extent of the land uses, streets, lots and other features.
   3. Legal Description: A complete property survey and legal description of the site proposed for development.
2. Preliminary Plat Stage:
   1. Detailed Plan: A drawing of the planned unit development shall be prepared at a scale of not less than one inch to 100 feet and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:
      1. Boundary lines; bearings and distance.
      2. Easements; location, width and purpose.
      3. Streets on and adjacent to the tract; street names, rights-of-way width, existing or proposed center line elevations, pavement type, walks, curbs, gutters, culverts, etc.
      4. Utilities; A preliminary engineering study providing information on existing and proposed sanitary, storm, water and other utilities necessary to adequately service the development.
      5. Ground elevations on the tract.
      6. Other conditions on the tract; watercourses, floodplains, marshes, rock outcrops, wooded areas, isolated preservable trees one foot or more in diameter, houses, accessory buildings and other significant features.
      7. Other conditions on adjacent land; approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers, and other nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land refer to subdivision plat by name, and show approximate percent built-up, typical lot size and dwelling type.
      8. Zoning; show zoning districts on and adjacent to the tract.
      9. Proposed public improvements; highways or other major improvements planned by public authorities for future construction on or near the tract.
      10. Open space; all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.
      11. Structures; general location, purpose and height, of each building.
      12. Map data; name of development, name of site planner, north point, scale, date of preparation, and acreage of site.
      13. Miscellaneous; such additional information as may be required by the plan commission.
   2. Objectives: A statement of planning objectives to be achieved by the planned unit development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.
   3. Ownership: Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the county recorder of deeds. If legal title to the property is in trust, then a statement of the names and percentage of interest of all the beneficiaries shall be submitted. If legal title to the property is in a corporation, limited partnership or other legal entity, then a statement of the names of all persons or entities owning stock or other ownership interest shall be submitted.
   4. Schedule: Development schedule indicating:
      1. Stages in which project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plat and through supporting graphic material.
      2. Approximate dates for beginning and completion of each stage.
   5. Covenants: Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space. Said covenants shall be reviewed and approved by the city attorney prior to recordation.
   6. Density: Provide information on the density of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type, and the number of bedrooms in each dwelling unit type.
   7. Nonresidential Use: Provide information on the type and amount of ancillary and nonresidential uses, including the amount of common open space.
   8. Service Facilities: Provide information on all service facilities and off-street parking facilities.
   9. Architectural plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size and type of dwelling units. Also, provide floor area of building types and total ground coverage and height of buildings.
   10. Landscape Plans: Preliminary plans for vegetation, earth sculpturing, berming and aesthetic features shall be submitted.
   11. Facilities Plans: Preliminary plans or information, adequate to indicate that the proposed development can be serviced, shall be submitted for:
       1. Roads including classification, width of right-of-way, width of pavement and typical construction details.
       2. Sanitary sewers.
       3. Storm drainage.
       4. Water supply system.
       5. Lighting programs.
       6. Sidewalks, paths and trails.
   12. School Impact Study: Provide information on the student load and financial impact on the local school districts, including expected scheduling of potential students. A copy of this study will be delivered to the superintendent of schools not less than 14 days prior to the public hearing on the preliminary plat.
   13. Tax Impact Study: Provide information on taxes to be generated by the proposed project and the cost of the various taxing bodies to provide necessary service to the project.
   14. Traffic Analysis: Provide information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the planned unit development. Also, an analysis should be made of the adequacy of the internal vehicular circulation pattern.
   15. Market Study: Provide an economic feasibility study of the proposed development, including information on land utilization and marketing potential. Evidence should be presented showing the need and feasibility of the proposed development.
3. Final Plat Stage:
   1. Final Detailed Plan: A final planned unit development plat, suitable for recording with the county recorder of deeds, shall be prepared and submitted to the plan commission for approval. The purpose of the final plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land not so treated into common open areas and building areas. The final plat shall include, but not be limited to:
      1. An accurate legal description of the entire area under immediate development within the planned development.
      2. A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.
      3. An accurate legal description of each separate unsubdivided use area, including common space.
      4. Designation of the exact location of all buildings to be constructed.
      5. Certificates, seals and signatures required for the dedication of lands, and recording the documents.
      6. Tabulation on separate unsubdivided use area, land area, number of buildings, number of dwelling units, and dwelling units per acre.
   2. Common Open Space Documents: All common open space may be either conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the planned development or retained by the developer. In any event, the plan commission may require legally binding covenants and other guarantees, in a form approved by the city attorney, that the common open space will be permanently preserved as an open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien against the individually owned property in the planned unit development for maintenance and improvement of the common open space. Such documents shall also provide that the city shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have a lien against the individually owned property in the planned unit development for the costs thereof.
   3. Public And Quasi-public Facilities: All public and quasi-public facilities and improvements made necessary as a result of the planned unit development shall be either constructed in advance of the approval of the final plat pursuant to a permit duly obtained, or a bond or letter of credit in a form approved by the city attorney shall be posted to guarantee construction of the required improvements. The bond or letter of credit, payable to the city, shall be sufficient to cover the full cost of the developer's share of the improvements as estimated by the city, plus 20 percent detailed construction plans shall be submitted for all public and quasi-public facilities to be built. Public and quasi-public facilities shall include, but not be limited to, roads, curbs, gutters, sidewalks, street lights, street signs, water, sewer, improvements or open space, recreational facilities, landscaping and public parking facilities.
   4. Construction Plans: Detailed plans shall be submitted for the design, construction or installation of site amenities; including buildings, landscaping, lakes and other site improvements.
   5. Construction Schedule: A final construction schedule shall be submitted for that portion of the planned unit development for which approval is being requested.
   6. Guarantee Deposit: A deposit shall be made to the city in cash, letter of credit or maintenance bond in a form approved by the city attorney, equal to 15 percent of the estimated cost of public facility installations. The deposit shall be a guarantee of satisfactory performance of the facilities constructed with the planned unit development and shall be held by the city for a period of 18 months from the date of acceptance of the facilities by the city. After such 18 months, the deposit shall be refunded if no defects have developed, or if any defects have developed, then the balance of such deposit, if any, shall be refunded after reimbursement for amounts expended in correcting defective facilities.
   7. Covenants: Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned unit development shall be submitted to the city attorney for review and approval. Said covenants shall not be recorded without the written approval of the city attorney.

(Code 1987, § 7-249; Ord. No. 1065, 5-22-1995)

The planned unit development must meet the following standards:

1. Size And Ownership: The site of the planned unit development must be under single ownership and/or unified control and be not less than two acres in area.
2. Compatibility: The planned unit development shall be demonstrated by developer to be of a type, and to be so located as to exercise no undue detrimental influence upon surrounding properties, and to be compatible with surrounding uses.
3. Need: A showing of the desirability of the plan and its benefit to the community must be made.
4. Yards:
   1. The required yards along the periphery of the planned unit development shall be at least equal in width or depth to that of the adjacent zoning district or districts.
   2. Buildings of more than 24 feet in height shall provide a setback from any property line of not less than equal to the height of such buildings.
5. Parking Requirements: Adequate parking shall be provided as required in other sections of this chapter.
6. Traffic: Adequate provision shall be made to provide ingress and egress so designated as to minimize traffic congestion on the public streets and promote safety.
7. Other Standards: The planned unit development may depart from strict conformance with the required density, dimension, area, height, bulk, use and other regulations for the zoning district in which the property is located, so long as the planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(Code 1987, § 7-250; Ord. No. 1065, 5-22-1995)

Prior to the granting of any planned unit development, the plan commission may require, and the city council may require, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned unit development as deemed necessary for the protection of the public interest, protection of the adjacent area, and to secure compliance with the standards specified in OCC 32.28.050. In all cases in which planned unit developments are granted, the city council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

(Code 1987, § 7-251; Ord. No. 1065, 5-22-1995)