The regulations set forth in this article or set forth elsewhere in this ordinance when referred to in this article are the regulations for the Planned Unit Development District. Single-use zoning often has tended to constrain imaginative design for new community projects. The Planned Unit Development District, by offering developers the opportunity to overcome traditional zoning limitations, is intended to encourage innovative design approaches to large-scale subdivisions and commercial development. The purpose of this article is to establish procedures and standards for planned unit developments in order to achieve the following objectives:

(1)

Promote the use of land planning and design techniques that will result in the efficient, economical, and convenient arrangement of differing land uses, including residential and commercial, and their supporting infrastructure;

(2)

Encourage flexibility in design to retain natural land features, including but not limited to floodplains, steep slopes and unique geological formations as well as historical and archeological areas;

(3)

Provide the reservation of land for public or private community facilities, including open space for scenic and recreational use; and

(4)

Encourage the creation of a variety of residential uses and compatible neighborhood arrangements that give the home occupant greater choice in the selection of types of environment and housing units.

(Ord. No. 89-103, 10-3-1989)

A planned unit development is herein defined as a complete development scheme. This scheme should include development programs and plans for all land and structural improvements within the planned area and should be in accord with the comprehensive plan and other such guidelines and objective as may be established by the city council. Such development may be permitted on tracts of at least ten (10) acres which are under unified ownership or control.

Notwithstanding the provisions of this section, an application for a planned unit development on a tract of land less than ten (10) acres may be filed, and a public hearing shall be held thereon as hereinafter provided, but no recommendation for approval of such an application shall be given by the planning commission unless the commission shall find, upon a showing by the land-owner, that the minimum number of acres required should be waived because a planned unit development is in the public interest and that one or more of the following conditions exist:

(1)

Because of unusual features of the property itself or of the neighborhood in which it is located, a substantial deviation from the regulations otherwise applicable is necessary or appropriate in order to conserve a physical or topographic feature of importance to the city;

(2)

The property or its neighborhood possesses an historical character, that is of importance to the community, which will be preserved and protected by a planned unit development; or

(3)

The property is adjacent to or across the street from property which has been developed or redeveloped under the Planned Unit Development District, and a planned unit development will contribute to the maintenance of the amenities and values of the neighboring property.

(Ord. No. 89-103, 10-3-1989)

In areas where a planned unit development is contemplated, the owner or owners shall file an application for inclusion of the area within a PUD zone. Such applications should be filed with the planning commission accompanied by a fee as established by the city council. Such applications shall be accepted for consideration under the following conditions:

(1)

The area proposed shall be in unified ownership or control and the application filed jointly by all of the owners of the properties included in the plan;

(2)

The plan should consider and work toward the implementation of the purposes of the planned unit development zoning district established in this article.

(Ord. No. 89-103, 10-3-1989)

Together with the application for zoning reclassification of the area and evidence of unified control of the proposed development unit, the following information shall be submitted in triplicate:

(1)

A map or maps showing the proposed development in relation to its surrounding area depicting relative size and location of streets, utilities, schools and commercial facilities expected to serve the area;

(2)

A summary and report covering soil conditions, drainage, topography, location and character of surface water and other such information as may be required to determine if the site is suitable for unit development without hazards to occupants or adjoining properties;

(3)

An overall preliminary development plan which shall show:

a.

Proposed major vehicular and pedestrian circulation systems;

b.

Proposed land uses of each lot or tract within the development;

c.

Proposed reservations for parks, parkways, playgrounds, school sites and other community facilities, including open spaces;

d.

Relationship to existing land uses in the surrounding areas;

e.

Proposed landscaping which shall be intended to provide shading, screening, erosion and sedimentation control and a sense of privacy and separation between uses;

f.

Proposed numbers and size of parking spaces, parking lot surfaces and landscaping of parking lots as required by article 19 of the zoning ordinance; and

g.

Proposed locations and dimensions of commercial signage.

(4)

A development schedule of the project if planned in stages.

All maps should be four-hundred-foot scale or less to the inch. Illustrations at this stage may be in generalized form; nothing herein contained shall be deemed to forbid or discourage informal consultations between the developer and the staff of the planning department prior to the filing of an application provided that no statement or representation by a member of the staff shall be binding upon the planning commission or city council.

(Ord. No. 89-103, 10-3-1989)

Upon receipt of an application for a planned unit development meeting the foregoing requirements, the planning commission shall take the same under consideration after review and recommendations by other city departments. The commission shall consider the general plan of the development using as its guide the comprehensive plan, zoning ordinance and other such guides and objectives as established by city council.

Upon review of the tentative plan, the commission shall advertise the proposed planned unit development for public hearing in accordance with the provisions of article 28 of the zoning ordinance.

The commission may recommend approval of the final plan as submitted or, before taking action, may recommend that the applicant modify, alter adjust or amend the plan.

The planning commission may designate divisible geographic sections of the entire parcel to be developed as a planned unit development and shall, in such case, specify reasonable periods within which development of each such section must be commenced and may permit in each section deviations from the number of dwelling units per acre established for the entire planned unit development provided such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the entire planned unit development is not affected. The period of the entire development and the commencement date for each section thereof may be modified from time to time by the planning commission upon the showing of good cause by the developer. The developer shall make such easements, covenants and other arrangements as may be determined by the planning commission to be reasonably required to assure performance in accordance with the plan and to protect the public interest in the event of abandonment of said plan before completion.

(Ord. No. 89-103, 10-3-1989)

The planned unit proposal shall be presented to the city council in accordance with article 28 of the zoning ordinance. If the planned unit development is approved by the city council, the developer before beginning development shall submit final plans phase by phase to the city planning department for staff review and approval. Department approval shall be based on substantial compliance with the comprehensive plan, guides, objective and other such standards as may be established by city council. No building permits or certificates of occupancy shall be issued until final approval of the development plans is given by the department of planning. No structure or use other than those indicated on final approval plans shall be permitted.

(Ord. No. 89-103, 10-3-1989)

An approved plan of development for a planned unit development may be amended in concept or in minor details by application by the owner, owners or an authorized representative of same:

(1)

Where the proposed change is not clearly in keeping with the concept of the plan of development as approved by city council, such change or amendment shall be approved only in the manner of approval of the original plan of development. Any changes to housing type, density, allowed land uses, open space area, type of community facilities, method of management of common land and facilities, location of any of the elements or overall design layout shall be considered to be changes in concept.

(2)

Where the proposed change is one of minor detail, the planning director may approve an amendment to the plan of development, upon being presented a written request clearly stating the nature and reason for the proposed change, including any necessary graphic representations. Changes in the location or design of structures, but not number and height, street utilities, parking, community facilities and landscaping shall be considered to be changes of minor detail.

(Ord. No. 89-103, 10-3-1989)

A development plan or section thereof, after being given final approval, shall be declared abandoned after the applicant or his successors notify the city council in writing of said abandonment or in the event the applicant or his successors fail to commence the planned unit development within two (2) years after final approval has been granted. The applicant or his successor, however, may be granted by city council upon recommendation by the planning commission a single extension of two (2) year in which to commence construction provided the applicant or his successor submits a written request and demonstrates good cause for such extension. Upon termination of an approved plan of development, the remaining undeveloped property shall automatically revert to the original zoning, and the planning commission shall determine if the zoning classification of the developed portion of the planned unit development shall be revised to reflect any changes brought by the proposed development.

(Ord. No. 89-103, 10-3-1989)

This ordinance shall become effective immediately provided, however, that any currently approved planned unit developed shall be governed by the terms of the city's planned unit development ordinance in effect prior to the passage of this article.

(Ord. No. 89-103, 10-3-1989)