The planned unit development (PUD) district is intended and designed to encourage large-scale and quality development of vacant or underutilized tracts of land throughout the city pursuant to a unified building and site development plan incorporating a comprehensive design based on a thorough application of professional standards of excellence. It is further the intent of this division to allow greater flexibility of standards and diversification of land uses than provided in the regulations of other zoning districts set forth in this section in order to accomplish the objectives to:

(1)

Preserve open space and other environmentally sensitive areas, and historic buildings, structures and sites consistent with the intent of a designated historic district.

(2)

Permit development of land which, because of topographical or shape problems or other practical difficulties, otherwise cannot be feasibly developed.

(3)

Encourage innovative design and appropriate mixed-use developments.

(4)

Encourage revitalization of older neighborhoods by permitting development or redevelopment of vacant or underutilized tracts of land substantially surrounded by other properties which have been developed with buildings.

(Code 1970, § 38-67; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

The owner of a contiguous parcel of land may file an application for a change to the PUD district classification. Such land shall be no less than two acres in area, exclusive of streets and alleys.

(b)

Before submitting such application, the developer shall confer with representatives of the planning and development department and other relevant city departments. The purpose of the conference shall be to discuss the feasibility of the proposal and to provide the developer with information and guidance regarding applicable city ordinances, specifications, standards and procedures before the developer enters into binding commitments or incurs substantial expenses.

(c)

The developer is encouraged to contact neighborhood groups, if applicable, and organizations as soon as possible and shall conduct at least one neighborhood meeting prior to the planning and zoning commission's public hearing.

(Code 1970, § 38-68; Ord. No. 3088, § 2(exh. A), 12-1-2015)

The application for a change to the PUD district classification shall be accompanied by six copies of a conceptual plan of the entire proposed development, prepared and signed by an architect, engineer, or a landscape architect registered in the state. The application and all required information must be filed by the applicant for placement on the planning and zoning commission agenda. The application also shall be accompanied by two copies of evidence, e.g., background studies, letters from appropriate agencies, agency comments from the pre-application conference, etc., showing the following:

(1)

The proposed development is in harmony with existing or anticipated uses of other properties in the neighborhood.

(2)

The manner in which the developer proposes to maintain any common ground to be included within the development.

(3)

The feasibility of providing adequate stormwater and surface water drainage, sanitary sewer capacity, grading plan, and water service for the proposed development. All plans shall be designed to a level that is deemed conceptually satisfactory before being approved.

(4)

The surrounding streets are capable of accommodating the increased traffic that would be generated by the new development, including a traffic study if required by city staff at the pre-application conference.

(5)

Off-street parking and loading will be provided as appropriate to the size and character of the proposed development.

(6)

A study to indicate a market for the proposed development, provided such study is required by city staff at the pre-application conference.

(7)

The developer has the financial resources and the professional ability to successfully complete the proposed development within the time schedule set forth in the conceptual plan.

(8)

An environmental report, if required by city staff at the pre-application conference, shall be submitted by a qualified professional addressing issues relative to development on the site, including effects on the flora and fauna.

(9)

The minimum size required for any PUD shall be two acres.

(10)

A written statement by the applicant shall be submitted setting forth the reasons why the PUD would be in the public interest and would be consistent with the comprehensive planning and zoning regulations.

(Code 1970, § 38-69; Ord. No. 3088, § 2(exh. A), 12-1-2015)

The conceptual plan required in section 38-662 shall be submitted on a sheet size no larger than 24 inches by 36 inches, including a north arrow, scale, general lot and block layout, and a summary table of subsection (2) of this section. The conceptual plan shall show in schematic form the following:

(1)

The boundaries of the proposed PUD district and a description of the existing structures and uses on surrounding properties within 200 feet.

(2)

A project narrative describing the following:

a.

Net area in square feet or acreages. Net area does not include land dedicated or necessary to be dedicated for public rights-of-way.

b.

Density in dwelling units per acre or a total number of dwelling units for the entire plan.

c.

Total square footage of all commercial and industrial uses, including outdoor display and/or storage; percentage of building coverage.

d.

Percentage of the development that will be provided for open space.

e.

A description and timeline for all recreational facilities.

f.

Proposed development standards for all land uses other than existing zoning districts.

g.

Project phasing plan.

(3)

Topographic features of the site, including major existing natural features.

(4)

A building plan showing all proposed buildings and uses, number of stories, general exterior design and building materials, dimensions, and floor areas, prepared by an architect or engineer registered in this state.

(5)

Parking areas and access drives.

(6)

Streets abutting and within 200 feet of the proposed development.

(7)

Landscaping plan for the entire PUD district showing the general location and type of proposed landscaping and screening buffers, including sidewalks, fences, walls and other screenings methods. Unless otherwise expressly provided in the conceptual plan, fencing shall be allowed as per the standards for the R districts for all lots devoted to single- or two-family use, with the required yards for fence purposes to be determined by the setbacks shown by the typical lot layout identified in the plan. If no fences are intended, the plan shall specifically state that no fences are to be allowed. Depending on the proposed land use, staff may require a decorative wall rather than a fence to provide sufficient screening and noise abatement.

(8)

Location, size, and type of any existing and proposed signs.

(9)

Required peripheral yards.

(10)

Common land, detention basins, recreation areas, parks, school sites and any other amenities, and shall show if any area is to be dedicated to a governmental entity with its written acknowledgement of such dedication.

(11)

Existing and proposed utility and other easements.

(12)

Development stages and schedule for commencement after the director's approval of the development plan and completion of construction after commencement in each stage.

(Code 1970, § 38-70; Ord. No. 3088, § 2(exh. A), 12-1-2015)

The application, accompanying evidence, and conceptual plan required by section 38-662 shall be considered by the planning and zoning commission at a public hearing. The commission shall review the conformity of the proposed development with the standards of article XXII of this chapter and with recognized principles of civic design, land use planning, and landscape architecture. Any proposed dedication of park or open space land to the city shall be considered by the parks' advisory board in a timely manner prior to final action by the city planning and zoning commission. At the conclusion of the hearing, the commission may vote to recommend either approval or disapproval of the conceptual plan and request for rezoning as submitted, or to recommend that the developer amend the plan or request to preserve the intent and purpose of this section to promote public health, safety, and general welfare. The recommendations of the commission shall be referred to the city council. The council may approve or disapprove the conceptual plan and request for rezoning, as submitted or as amended after hearing before the commission, or may require such changes in the plan or rezoning as the council deems necessary to preserve the intent and purpose of this section to promote public health, safety, and general welfare.

(Code 1970, § 38-71; Ord. No. 3088, § 2(exh. A), 12-1-2015)

If the city council approves the conceptual plan and request for rezoning as provided in section 38-664 the developer shall submit within two years thereafter to the planning and development department six copies of a development plan of one or more development stages which must be no less than two acres in area. The planning director, upon written application and for good cause shown, such as regulatory delays, unavailability of financing, or unusual weather conditions, may grant one extension of not more than one year for the submission of a development plan.

(Code 1970, § 38-72; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Every development plan submitted pursuant to this section shall comply with the conceptual plan requirements in section 38-663 and approved by the city council. In addition to depicting all the information from the conceptual plan required in section 38-663, the development plan shall include the following items of information, unless otherwise waived by the planning director:

(1)

Existing and proposed contours at an interval not to exceed two feet, provided that at least two contours shall be shown.

(2)

Existing and proposed utility lines and easements.

(3)

Certification by a licensed land surveyor that the dimensions and bearings of the property lines are accurately delineated.

(4)

Location, shape, exterior materials and dimensions, and number of stories of each existing building to be retained and of each proposed building.

(5)

All required yard setbacks.

(6)

Location, grade, and dimensions of all existing and proposed paved surfaces and of all abutting streets.

(7)

Complete traffic circulation and parking plan, showing the location and dimensions of all existing and proposed parking stalls, loading areas, entrance and exit drives, dividers, planters, and other similar permanent improvements.

(8)

Location of existing trees six inches or larger in diameter, any rock outcrops, any landslide areas, any springs and streams and other water bodies, and any areas subject to flooding.

(9)

A vicinity map showing the general location of the property.

(10)

Soils tests and similar information if deemed necessary by the planning director to determine the feasibility of the proposed development.

(11)

If the applicant proposes to fill or grade on the site, he shall submit to the planning and development department an application for a fill permit, containing all of the information set forth in section 40-38. The planning and development department shall process the application in the manner set forth in section 40-38.

(Code 1970, § 38-73; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Every development plan submitted pursuant to this section shall be accompanied by the following documents, unless such documents have been previously submitted to the planning and development department:

(1)

If the proposed development includes common land which will not be dedicated to the city and the proposed development will not be held in single ownership, proposed bylaws of a unit owners' association fully defining the functions, responsibilities and operating procedures of the association. The proposed bylaws shall include but not be limited to the following provisions:

a.

Automatically extending membership in the association to all owners of units within the development.

b.

Limiting the uses of the common property to those permitted by the final development plan.

c.

Granting to each owner of a unit within the development the right to the use and enjoyment of the common property.

d.

Placing the responsibility for operation and maintenance of the common property in the association.

e.

Giving every owner of a unit voting rights in the association.

f.

If the development will include rental units, stating the relationship between the renters and the association and the rights renters shall have to the use of the common land.

(2)

Performance bonds approved by the city legal department and director of finance in an amount not less than the estimated cost of the following:

a.

Stabilizing the site if the grading and soil erosion measures are not done in accordance with the approved grading plan, which may include but not be limited to, grading, seeding, and/or construction of retaining walls.

b.

Amenities and facilities proposed for construction or installation on any land within the entire PUD district to be either:

1.

Dedicated to the city; or

2.

Used as common land which will not be dedicated to the city.

(3)

Covenant to run with the land, in favor of the city and all persons having a possessory interest in any portion of the development premises, providing that the owners of the land or their successors in interest shall maintain all interior streets, parking areas, sidewalks, parks, plantings and others as deemed necessary by the city council, which have not been dedicated to the city in compliance with city ordinances and with the development plan as approved by the city council, which covenant shall be recorded by the developer in the office of the county recorder.

(4)

Warranty deeds to all land to be dedicated to the city, all required easements and all agreements which may be required by the city council at the time of conceptual plan approval, provided that all such deeds and any such easements and agreements which run with the land shall be recorded by the developer in the office of the county recorder.

(Code 1970, § 38-74; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Every development plan and required documents submitted pursuant to this article shall be reviewed by the planning director or designee, who shall approve the development plan if it complies with the standards of this article and is in compliance with the conceptual plan.

(Code 1970, § 38-75; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Any change in a conceptual plan proposed after the city council has approved the plan pursuant to this article shall be resubmitted in the same manner as the original conceptual plan. Any such change, except an insubstantial change as described in this section, shall be considered in the same manner as the original conceptual plan. However, any proposed change to the approved conceptual plan which is disapproved by the planning and zoning commission, or would increase the allowed number of dwelling units or the allowed square footage of commercial and industrial space and which is the subject of written protest filed with the city clerk duly signed by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property proposed for change shall not become effective except by the favorable vote of at least four-fifths of all members of the council. An insubstantial change may be approved by the planning director if it complies with the standards of this article. Within the meaning of this article, insubstantial changes are those changes, as determined by the planning director, to be minor and in harmony with the intent and objectives of this section.

(Code 1970, § 38-76; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Any change in a development plan proposed after the planning director has approved the plan pursuant to this article shall be resubmitted and considered in the same manner as the original development plan. However, if any such change involves an amendment to the conceptual plan, the planning director shall not approve the amendment to the development plan until the city council has approved the amendment to the conceptual plan pursuant to section 38-669.

(Code 1970, § 38-77; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

The applicant aggrieved by a decision of the planning director to approve or deny a proposed development plan or amendment thereto pursuant to this article shall have the right to appeal any determination or action of the planning director made within the scope of this article. Appeal shall be made, without cost, by written notification received by the planning and development department within 45 days after the date of the action by the planning director.

(b)

The appeal shall first be considered and acted upon by the planning and zoning commission. The planning and zoning commission shall decide all appeals within 45 days after the written notification has been received by the planning and development department, provided the appellant may agree to a longer time period not to exceed 90 days after receipt of the written notification. Failure to decide the appeal within such time period shall have the effect of overturning the director's action and approving the development site plan as appealed. The decision of the planning and zoning commission may be appealed to the city council. Appeal shall be made, without cost, by written notification received by the city clerk within 30 days after the date of the action by the planning and zoning commission.

(c)

The city council shall decide all appeals within 45 days after the written notification has been received by the city clerk, provided the appellant may agree to a longer time period not to exceed 90 days after receipt of the written notification. Failure to decide the appeal within such period shall have the effect of overturning the planning and zoning commission action and approving the development site plan as appealed. Except as provided in this subsection, the affirmative vote of four-fifths of the city councilmembers shall be necessary to overturn or modify the action of the planning and zoning commission.

(Code 1970, § 38-78; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Any use of structures or land permitted in any district may be permitted in the PUD district.

(Code 1970, § 38-79; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

All uses proposed in a PUD district plan shall be in harmony with the existing or anticipated uses of other properties in the surrounding neighborhood and shall generally be in conformance with the city's land use plan. The design of a PUD district shall be based on harmonious architectural character, compatible materials, orderly arrangement of structures and open space, and conservation of woodlands, streams, scenic areas, open space and other natural resources.

(b)

Setbacks and other appropriate screens shall be provided around the boundary of a PUD district to protect the adjoining district properties. Only in exceptional circumstances shall such a setback be less than the amount of the setback which the adjoining district is required to maintain from the PUD district.

(c)

A PUD district shall comply with all applicable city ordinances, specifications, and standards relating to all dedicated street, sanitary sewer, and storm sewer facilities, and to surface drainage and floodwater retention.

(d)

The streets surrounding a PUD district must be capable of accommodating the increased traffic that would be generated by the new development. The development shall be designed to provide maximum feasible separation of vehicular traffic from pedestrian ways and recreational areas. If turning lanes or other forms of traffic controls within or adjacent to the development are deemed necessary by the city council, the developer shall provide the necessary improvements.

(e)

Off-street parking and loading spaces shall be provided as appropriate to the size and character of the development. Each off-street loading space shall be not less than ten feet in width and 25 feet in length. All off-street parking spaces shall be provided in accordance with the requirements of article XXX of this chapter.

(f)

Where appropriate to the size and character of a PUD district, provision shall be made therein for open space for recreation and other outdoor uses, and for places of worship, convenience shopping, and other community services.

(Code 1970, § 38-80; Ord. No. 3088, § 2(exh. A), 12-1-2015)

No building permit concerning any stage of a planned unit development shall be issued until after the development plan for that stage has been approved by the planning director, and until after the developer has provided the planning and development department with satisfactory evidence of the recording with the county recorder of the approved development plan and any amendments thereto and of any covenant, deed, easement, or agreement required to be so recorded pursuant to section 38-667(1).

(Code 1970, § 38-81; Ord. No. 3088, § 2(exh. A), 12-1-2015)

No fill permit concerning any stage of a planned unit development shall be issued until after the PUD conceptual plan and the land restoration bond required pursuant to section 38-667(2) has been approved by the city council.

(Code 1970, § 38-82; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Because the PUD district is intended to provide relief from the rigid regulations of more conventional zoning districts pursuant to a carefully integrated overall development plan, the zoning board of adjustment shall have no jurisdiction to grant any variation, exception, or special permit relating to any property in the PUD district.

(Code 1970, § 38-83; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

If the developer fails either to submit a development plan within the time requirements of section 38-665 or to commence construction in accordance with the time schedule set forth in the development plan, a public hearing shall be scheduled before the planning and zoning commission regarding such failure, and the developer shall be served prior notice thereof by certified mail.

(b)

At such meeting, the commission shall consider all circumstances relevant to the developer's failure and shall vote to recommend to the city council that appropriate remedial measures be initiated, which measures may include:

(1)

The initiation of rezoning of the subject property to the zoning classification effective immediately prior to the rezoning of the subject property to a PUD district classification; and/or

(2)

Referral of the matter to the legal department for institution of enforcement proceedings in the courts pursuant to this Code.

(c)

Upon receipt of the recommendations of the commission, the city council shall act to initiate remedial measures in conformity to the commission's recommendations or to initiate such other remedial measures as the council determines to be reasonably necessary under the circumstances.

(Code 1970, § 38-84; Ord. No. 3088, § 2(exh. A), 12-1-2015)

In addition to conditions of approval described for a specific PUD district and development plan, all private common areas, landscaping, amenities, parking lots, roads, stormwater management facilities, and other privately-owned areas shall be maintained by the property owner and any subsequent property owner in perpetuity, unless such areas are dedicated to the city or amended by city council in accordance with this section.

(Code 1970, § 38-85; Ord. No. 3088, § 2(exh. A), 12-1-2015)