A.   It shall be the policy of the city to promote progressive development of land and construction thereon by encouraging planned unit developments to achieve:

      1.   A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements;

      2.   A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services;

      3.   A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns;

      4.   A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and

      5.   A development pattern in harmony with land use density, transportation facilities and community facilities objectives of the city’s Land Use Plan.

   B.   The city is also prepared to accept a greater population density in undeveloped areas than that reflected by present zoning provided the developer can demonstrate that any increment of public cost clearly attributable to increased densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.

(Ord. 188, eff. 2-25-1981)

   Because of the special characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this article and those of the other articles of this chapter, the provisions of this article shall prevail. Subjects not covered by this article shall be governed by the respective provisions found elsewhere in this chapter.

(Ord. 188, eff. 2-25-1981)

   Upon approval by the Planning Commission and the City Council, a planned unit development district may be applied to any existing residential district. Upon approval of a final development plan, the Official Zoning Map shall be annotated for the land area involved so that the district name includes the notation, “PUD”. Planned unit development districts shall be approved by the Planning Commission and the City Council in the manner provided in §§ 53-147 through 53-161.

(Ord. 188, eff. 2-25-1981)

   A.   Compatible residential, commercial and public uses may be combined in PUD districts; provided that, the proposed location of the commercial or industrial uses will not adversely affect adjacent property, and/or the public health, safety and general welfare. Building site area and other setback requirements of the residential districts shall apply, except as modified herein.

   B.   The amount of land devoted to commercial use in a residential-commercial development shall be determined by the Planning Commission and approved by the City Council.

(Ord. 188, eff. 2-25-1981)

   The gross area of a tract of land to be developed in a planned unit development district shall be a minimum of five acres. Smaller parcels may be considered; provided that, they meet the requirements of § 53-133. Provisions for smaller parcels are also contained in § 53-164. When the planned unit development proposes a mixture of residential uses with commercial uses, the Planning Commission may limit the development to not more than 8% of the tract to commercial uses.

(Ord. 188, eff. 2-25-1981)

   The project land may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. The ownership may be by a public or private corporation.

(Ord. 188, eff. 2-25-1981)

   A minimum of 20% of the land developed in any planned unit development project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The open space shall be disposed of as required in § 53-141.

(Ord. 188, eff. 2-25-1981)

   A.   The required amount of common open space land reserved under a planned unit development shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the city and retained as common open space for parks, recreation and related uses. All land dedicated to the city must meet the Planning Commission’s requirements as to size, shape and location. Public utility and similar easements and rights-of-way for water courses and other similar channels are not acceptable for common open space dedication to the city unless the land or right-of-way is usable as a trail or other similar purpose and approved by the Planning Commission.

   B.   The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.

(Ord. 188, eff. 2-25-1981)

   Underground utilities, including telephone and electrical systems, are required within the limits of all planned unit developments. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the Planning Commission finds that the exemption will not violate the intent or character of the proposed planned unit development.

(Ord. 188, eff. 2-25-1981)

   A.   In platted area or site condominium projects, the building site area per dwelling unit may be reduced by not more than 40% of the minimum building site area required in the schedule of regulations.

   B.   Building site widths may be varied to allow for a variety of structural designs. It is also recommended that setbacks be varied.

   C.   Densities may not exceed 150% of that which is permitted in the existing zoning district.

(Ord. 188, eff. 2-25-1981)

   Every property developed under the planned unit development approach should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. In areas where townhouses are used, there shall be no more than eight townhouse units in any contiguous group.

(Ord. 188, eff. 2-25-1981)

   For each foot of building height over the maximum height regulations, the distance between the buildings and the side and rear property lines of the planned unit development project area shall be increased by a one-foot addition to the side and rear yard required in the districts.

(Ord. 188, eff. 2-25-1981)

   Off-street parking, loading and service areas shall be provided in accordance with Article XIX of this chapter. However, off-street parking and loading areas shall not be permitted within 15 feet of any residential use.

(Ord. 188, eff. 2-25-1981)

   Notwithstanding the provisions of this article, every building site abutting the perimeter of the planned unit development district shall maintain all setback requirements for the applicable conventional zoning district.

(Ord. 188, eff. 2-25-1981)

   A.   When planned unit development districts include commercial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. Planning screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.

   B.   The plan of the project shall provide for the integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic circulation, landscaping and other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas.

   C.   All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by this chapter.

(Ord. 188, eff. 2-25-1981)

   Planned unit development districts shall be approved in accordance with the procedures in §§ 53-149 through 53-154.

(Ord. 188, eff. 2-25-1981)

   The developer shall meet with the City Manager and Planning Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this chapter and the criteria and standards contained herein and to familiarize the developer with the policies contained in the city’s Land Use Plan.

(Ord. 188, eff. 2-25-1981)

   A.   An application for preliminary planned unit development shall be filed with the City Clerk by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information submitted in with 15 copies:

      1.   Name, address and phone number of applicant;

      2.   Name, address and phone number of registered surveyor, register engineer and/or site designer assisting in the preparation of the preliminary development plan;

      3.   Legal description of property;

      4.   Description of existing use;

      5.   Zoning district(s);

      6.   A vicinity map at a scale approved by the Planning Commission, showing property lines, streets, existing and proposed zoning and other items as the Planning Commission may require to show the relationship of the planned unit development to the land use and to existing schools and other community facilities and services;

      7.   A preliminary development plan at a scale approved by the Commission showing topography at two-foot intervals; location and type of residential, commercial and industrial land uses; layout, dimensions and names of existing and proposed streets, rights-of-way, utility easements, parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas; and other characteristics as the Planning Commission deems necessary;

      8.   Proposed schedule for the development of the site; and

      9.   Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two years.

   B.   The application for preliminary planned unit development shall be accompanied by a written statement by the developer setting forth the reasons why the planned unit development would be in the public interest and would be consistent with the city’s statement of objectives for planned unit developments in § 53-133.

(Ord. 188, eff. 2-25-1981)

   Within 30 days after receipt of the preliminary development plan, the Planning Commission shall hold a public hearing.

(Ord. 188, eff. 2-25-1981)

   Before holding the public hearing provided in § 53-152, notice of the hearing shall be given in one or more newspapers of general circulation of the city at least 15 days before the date of the hearing. The notice shall set forth the time and place of the public hearing and a general description of the planned unit development.

(Ord. 188, eff. 2-25-1981)

   Before holding the public hearing required in § 53-152, written notice of the hearing shall be sent by the Chairperson of the Planning Commission by first class mail, at least 20 days before the hearing, to all owners of property contiguous to or directly across the street from the area proposed to be included within the planned unit development district. The failure to deliver the notice, as provided in this section, shall not invalidate any approval. The notice shall contain the same information as required of notices published in newspapers as specified in § 53-153.

(Ord. 188, eff. 2-25-1981)

   Within 30 days after the public hearing required by § 53-152, the Planning Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this chapter; whether the proposed development advances the general welfare of the community and neighborhood; and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The Commission’s approval in principle of the preliminary development plan shall be necessary before an applicant may submit a formal development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels or engineering feasibility.

(Ord. 188, eff. 2-25-1981)

   After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the Planning Commission. The final development plan shall be in general conformance with the preliminary development plan approved in principle. Five copies of the final development plan shall be submitted and may be endorsed by a qualified professional team which should include a registered land surveyor, registered civil engineer and registered landscape architect.

(Ord. 188, eff. 2-25-1981)

   An application for approval of the formal development plan shall be filed with the City Clerk by at least one owner or lessee of property for which the planned unit development is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two years from the date of issuance of the approval. At a minimum, the application shall contain the following information:

   A.   A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses;

   B.   All the information required on the preliminary development plan; the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use considered suitable for adjacent properties;

   C.   A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type, estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit; and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard zoning districts or other ordinances governing development;

   D.   Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements and nature and extent of earth work required for site preparation and development;

   E.   Site plan, showing building(s), various functional use areas, circulation and their relationship;

   F.   Preliminary building plans, including floor plans and exterior elevations;

   G.   Landscaping plans; and

   H.   Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained.

(Ord. 188, eff. 2-25-1981)

   Within 30 days after submission of the final development plan, the Planning Commission may hold a public hearing. If a second public hearing is held, notice shall be given as specified in §§ 53-152 and 53-153.

(Ord. 188, eff. 2-25-1981)

   Within 60 days after receipt of the final development plan, the Planning Commission shall recommend to the City Council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The Planning Commission shall then transmit all papers constituting the record and the recommendations to the City Commission.

(Ord. 188, eff. 2-25-1981)

   Before making its recommendation as required in § 53-159, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:

   A.   The proposed development can be initiated within two years of the date of approval;

   B.   Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that the objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under standard district regulations;

   C.   The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic and increased densities will not generate traffic in amounts as to overload the street network outside the planned unit development;

   D.   Any proposed commercial development can be justified at the locations proposed;

   E.   Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accord with the planned unit development and the adopted policy of the Planning Commission and the City Council;

   F.   The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development;

   G.   The planned unit development is in general conformance with the Land Use Plan of the city; and

   H.   The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.

(Ord. 188, eff. 2-25-1981)

   Within 60 days after receipt of the final recommendation of the Planning Commission, the City Council shall either approve, approve with supplementary conditions or disapprove the application as presented. If the application is either approved or approved with conditions, the City Council shall direct the Building Inspector to issue building permits only in accordance with the approved formal development plan and the supplementary conditions attached thereto.

(Ord. 188, eff. 2-25-1981)

   In approving any planned unit development district, the City Council may prescribe appropriate conditions and safeguards such as performance bonds or escrow accounts in conformity with this chapter. Violation of the conditions or safeguards, when made a part of the terms under which the final development plan is approved, shall be deemed a violation of this chapter.

(Ord. 188, eff. 2-25-1981)

   A.   The approval of a final development plan for a planned unit development district shall be for a period not to exceed two years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within two years after approval is granted, the approved formal development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit or modification of the approved final development plan may be approved if the Planning Commission finds that the extension or modification is not in conflict with the public interest.

   B.   No zoning amendment passed during the time period granted for the approved final development plan shall, in any way, affect the terms under which approval of the planned unit development was granted.

(Ord. 188, eff. 2-25-1981)

   A.   On parcels less than five acres, the PUD provision can be utilized. The purpose of this provision is to encourage innovative residential development on small, irregularly shaped parcels that have limited potential for platting. The development shall be limited to single-family attached or detached dwellings and the density shall not exceed that which is permitted by the existing zoning district. The parcel under consideration for this cluster housing provision shall have a minimum frontage of 66 feet on a public street.

   B.   The developer shall have a pre-application meeting as specified in § 53-150. The developer shall submit an application the contents of which are specified in § 53-151. The Planning Commission shall hold one public hearing in accordance with §§ 53-152 and 53-153 and recommend to the City Council, approval, approval with conditions or denial of the application within 30 days of review. Criteria for the Planning Commission’s recommendation shall be:

      1.   The area surrounding the development can be planned and developed in coordination and substantial compatibility with the proposed development;

      2.   The planned development is in general conformance with the Land Use Plan for the city; and

      3.   The planned development will not generate traffic in amounts as to have a significant negative impact on adjacent properties.

   C.   Within 60 days of receipt of the recommendation of the Planning Commission shall approve, approve with conditions or deny the application. Supplementary conditions and safeguards as specified in § 53-162 may also apply.

(Ord. 188, eff. 2-25-1981)