1. Land use. Cluster and inner block developments provide more intensive use of land in further developing existing areas. Requests for cluster or inner block development proposals shall be forwarded to the land use authority for a special review process described herein.
2. Review procedure.
   1. Plan submission. Applicants shall supply suitable plans and information concerning the location, function and characteristics of any use proposed to the city.
   2. Hearing; fee. If a public hearing is required, the city may collect a fee upon development request for the purpose of covering the costs of advertising and/or mailing of notice. Such notice will be published in accordance with state code.
   3. Approval. The land use authority may, approve, conditionally approve or reject the request. If approved conditionally, the written response or report shall be required to contain conditions, limitations or amendments to the development plan to ensure that the development is integrated into its surroundings and serves the public interest to the greatest extent possible. A copy of such response or report shall be furnished to the applicant without delay and additional copies shall be made available at the city office for other interested persons.
      1. Development that includes a subdivision of property shall be required to meet the subdivision requirements. Concept plan approval may be combined with a special request. Approval of a special request does not vest the development or guarantee subdivision approval.
   4. Endorsement of approval. All approved site plans for development, including modifications and conditions, shall be endorsed by the land use authority chairperson as approval of the land use authority.
3. General criteria and conditions.
   1. Findings. No special review application shall be approved by the land use authority unless the land use authority finds that the application:
      1. Complies with all requirements imposed by this title, PCC title 11, any other applicable city ordinance or regulation;
      2. Is consistent with the objectives and purposes of this title;
      3. Is designed to be compatible with surrounding land uses; and
      4. Is designed to be compatible with the physical features of the site upon which the proposed development will be placed.
   2. Modifications. In considering an application for a cluster or inner block development, the land use authority may impose modifications or conditions concerning the following development features to the extent that such modifications or conditions are necessary to ensure compliance with criteria in subsection C.1 of this section:
      1. Size and location of site;
      2. Street and road capacities in the area;
      3. Ingress and egress to adjoining public streets;
      4. Location and amount of off-street parking;
      5. Internal vehicular circulation system;
      6. Fencing, screening and landscape separation;
      7. Building mass and location;
      8. Usable open space;
      9. Signs and lighting;
      10. Noise, vibration, air pollution and other environmental influences;
      11. Setback, yard and area requirements; and
      12. Others as deemed appropriate by the land use authority.
   3. Site plan amendments. No approved development may be modified, structurally enlarged or expanded in ground area unless the site plan is amended and approved in accordance with the procedures applicable to original approval of the development.
   4. Number of dwelling units. No increase in the number of dwelling units beyond that specified for the zoning district in which the site is located shall be allowed.

(Code 1998, § 10-14-1; Zon. Ord., 5-8-1991; Ord. of 1-9-2007; Ord. No. 2019-026, 12-4-2019)

1. Intent. The intent of this chapter is:
   1. Provide regulations that shall further the objectives of the general plan relating to residential developments.
   2. Achieve a balance between open space and buildings, harmony between new development and the surrounding area, and an overall project atmosphere that concurs with goals for a more attractive city.
   3. Ensure superior maintenance, and longer life expectancy of structures and environs.
   4. Require the developer to demonstrate by the plans submitted for approval that the objectives and goals of the general plan have been fostered. If these requirements cannot be met, approval of the planned unit development with its inherent density increases will not be given.
2. Procedure.
   1. Comply PCC 11-3-1.
   2. Comply PCC 11-3-2.
   3. Comply PCC 11-3-3.
   4. Comply with PCC 11-4-4 through 11-4-11.
   5. Comply with PCC 11-5-5 through 11-5-9;
      
      And include PCC 11-5-11 through 11-5-15.
   6. A developer shall provide a written statement that describes the impact the development will have on natural features of the area. Include any measures taken to mitigate negative conditions that occur as a result of the project.
   7. Provide a development agreement between the developer and the city, approved by the city attorney that includes the following:
      1. The developer shall construct and complete the project in accordance with the approved plans and in accordance with city ordinances.
      2. The terms of the contract shall be binding upon all successors of the PUD.
      3. A landscaping plan shall be provided to the city and approved before occupancy permits are issued. The landscaping shall be completed as part of the project.
      4. A perpetual, irrevocable homeowners' association shall be established prior to any occupancy permits issued. The owner/developer shall constitute a pseudo homeowners' association until sufficient occupants are available to establish an association according to CCR. The homeowners' association shall be responsible for the following:
         1. Maintenance of all water works in the PUD.
         2. The fire line shall be the responsibility of the city.
         3. A separate agreement will be generated with the city for right-of-way, easements and a method of payment for repairs.
         4. Maintenance of sewer lines, clearing, repair and controlling the sewer out fall from the PUD in accordance with PCC 8-2-12.
         5. Maintenance of grounds, plant trees, shrubs in accordance with the landscaping plan.
         6. Maintenance of streets, parking lots, sidewalks, playgrounds and other items described in the CCR.
         7. Collection and payment of city utility billings and other billings as designated by the CCR.
   8. Declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters, or occupants within the planned unit development.
   9. Other documents that the land use authority deems necessary to carry out the intent of this title.
   10. Fees are charged in accordance with a fee schedule set by the city council.
3. Project density. The permitted densities allowed in a planned unit development for each zone shall not exceed the 110 percent of density allowed in the use chart for the zone in which the PUD will be built.
4. Permitted uses.
   1. Residential living and home businesses as shown on the use chart in PCC chapter 10-6.
   2. Commercial will be allowed in areas that will be of benefit to the PUD and the community as a whole. Both service and commercial centers will be considered.
   3. Recreation facilities.
5. Standards and requirements. The following standards, requirements and conditions shall apply to all planned unit developments:
   1. Design team. The project must be prepared by a design team composed of a civil engineer, an architect, a landscape architect and an attorney, all of whom must be licensed to practice in the state.
   2. Sewer, water and utilities. All dwelling units and commercial buildings will be served by the public sewer and a city water supply. All utilities will be placed underground.
   3. Project management. One project manager designated by the owners will provide full supervision and control of the PUD during development and construction.
   4. Landscaping. All areas not covered by buildings, parking, streets or drives shall be planted with plant materials as approved by the planning commission in a final landscape plan. A permanent sprinkler system shall be installed with back flow protection for all planted landscaping.
   5. Minimum land area. The minimum land area for a PUD shall be two acres.
   6. Location and setbacks for dwellings and structures. All structures on a public street shall have a 30-foot setback. On private roadways the setbacks will be a minimum of 20 feet.
   7. Open space. Not less than 35 percent of the area of the PUD shall be retained in permanent open space, parks and playgrounds. Land used for streets, parking and driveways will not be used in the computation of open space, park or playground.
   8. Maximum height. The maximum height of buildings within a PUD shall be 35 feet. Measured from an average grade to the highest point of the building.
   9. Minimum parking. Two parking spaces for every dwelling unit shall be provided. One additional space for every three units shall be provided for guest parking. Commercial businesses will follow the parking requirements in PCC 10-8-5 and 10-8-6.
   10. Surfacing. All parking spaces, parking areas and driveways shall be hard surfaced and properly drained with no drainage running across public or private sidewalks or roadways.
   11. Installation of public improvements. Developer shall install all public improvements on site and off site as identified by the land use authority. Additional requirements may be imposed in order to implement the intent of this section.
6. Water systems.
   1. There shall be four water systems installed in a PUD, a fire line system, a culinary system, an outside irrigation system, and stormwater system. A PUD may contain any or all of the following: SFA, SFD, commercial and service centers, recreation facilities.
      1. Fire line system.
         1. This system may take advantage of the water lines in the public way as long as the layout of the PUD permits all points of the buildings within approved distance to a hydrant.
         2. A system shall be installed to provide fire protection for the building in a PUD. No point of a building shall be farther than 250 ft away from a fire hydrant. This system cannot be metered and back flow protected and cannot have services connected to it.
         3. The city will be provided a right-of-way to access fire hydrants for flushing and repairs.
         4. Repairs on fire hydrants not in the public right-of-way shall be billed to the association.
         5. Fire hydrants will not be used by either the association or individuals for any purpose.
         6. Fire hydrants shall be flushed by the city public works.
      2. Culinary system.
         1. The culinary water system shall be serviced by one master meter.
            
            Exception: If a public road divides an approved PUD then, two master meters shall be used.
         2. All meters shall be set in the public way.
         3. All service lines shall be protected by an approved back flow prevention assembly on the service side of the meter.
         4. All dwelling units shall be individually protected by an approved back flow prevention assembly.
         5. All water lines shall be located, maintained, repaired and governed by approved CCRs from the service side of the meter to the shutoff valve in the dwelling unit.
         6. Individual dwelling units shall have the following minimum items:
            1. Supply shutoff both inside and outside.
            2. Pressure reducer.
            3. Back flow prevention assembly.
            4. Expansion tank.
            5. Supply lines will not pass through, over or under another dwelling unit.
      3. Sprinkler system for outside irrigation.
         1. Sprinkler system shall be approved by the city.
         2. Each system shall be serviced by a separate meter.
         3. Each system shall be serviced by an approved back flow prevention assembly designed for sprinkler systems.
         4. Each back flow protection unit shall be registered with the city and have a certified test submitted to the city annually prior to the start of the irrigation season.
         5. Each sprinkler system shall be designed by an approved agency and sized in accordance with the adopted plumbing code.
         6. Sprinkler systems that have the option of being connected to a nonpotable water supply are illegal except as approved.
      4. Stormwater system.
         1. Stormwater systems shall meet the requirements listed in PCC 7-8-1, 8-4-5 and 11-4-8.
         2. The homeowners' association shall be responsible for repair and maintenance of all privately-owned stormwater infrastructure.
7. Water impact fees and billing services.
   1. The water impact fees have been established by the city through extensive analysis of the impact of each dwelling unit on the system. The methodology is accountable to the off-site infrastructure, supply and storage requirements. The impact fees are established on the basis that there is one connection per dwelling unit. The standard basic connection is a one-inch line. An impact fee on this basis will be imposed on each dwelling unit within the PUD. If any structure, other than a dwelling unit, such as a club house, business or pool that requires a higher demand than a one-inch supply, the impact fee for that structure will be imposed according to the fee schedule, published in the city office.
      1. All impact fees will be levied upon issuance of a building permit in accordance with an established fee schedule. Water impact fees are established for:
         1. Dedicated fire lines.
         2. Meter for sprinkler.
         3. Meters for dwelling units.
   2. Monthly billing for water service:
      1. Each DU will be assessed a base rate as established by the current rate schedule. The homeowners' association will receive the billing and be responsible for payment.
      2. Any structure other than a DU will also be billed to the association. Fees will be based on current established rates.
      3. Overage charges will be based on current established rates and will be billed to the association.
      4. Fees for the sprinkler system will be billed to the association.
8. Sewer system.
   1. A sewer system will be installed to service a PUD. A PUD may contain any or all of the following: SFA, SFD, commercial and service centers, recreation facilities.
   2. No PUD shall be approved without connecting to the city public sewer system. All units must be connected to the system.
   3. In addition to the city sewer ordinance, this section will provide specific requirements:
      1. Each dwelling unit shall be served with a building sewer which will not be less than four inches in diameter.
      2. A dwelling unit drain/sewer shall go directly to the common area and will not pass through, under or over any other dwelling unit or building.
      3. A dwelling unit sewer shall be serviced by a common sewer. The common sewer may service more than one dwelling unit, however, the common sewer will be sized according to the presently adopted plumbing code.
      4. A dwelling unit clean out shall be provided as per the adopted plumbing code. Clean outs for the common sewer shall also be according to the plumbing code with the addition of a clean out at the property line, with a brass cap. There will also be a clean out at the farthest upstream end of the pipe. This clean out shall be in the commons area and shall also have a brass cap. Additional clean outs may be required based on length and bends as per the plumbing code.
      5. Each dwelling unit will be provided with a back water valve as per the plumbing code.
9. Sewer impact fees and billing service.
   1. The sewer impact fees have been established by the city through extensive analysis of the impact of each dwelling unit on the system. The methodology is accountable to the off-site infrastructure and future up sizing of sewer lines to accommodate new growth. The impact fees are established on the basis that there is one connection per dwelling unit. The standard out fall line per dwelling unit is a four-inch line. An impact fee as established by the city for a dwelling unit will be assessed on each dwelling unit. If any structure other than a dwelling unit requires a larger service, as determined by the water line size input to that structure, an impact fee for that structure will be imposed according to the size of the supply line and according to the schedule published in the city office.
   2. All impact fees will be levied upon issuance of a building permit in accordance with an established fee schedule.
   3. Monthly billing for sewer services.
      1. Each DU will be assessed a base fee established by the current rate schedule. The homeowners' association will receive the billing and be responsible for payment.
      2. Any service to another structure other than a DU will be billed to that association and based on the current established rate.
      3. Any pretreatment fees will be billed to the association.
10. Stormwater impact fees and billing services.
    1. The establishment of stormwater impact fees will follow the requirements of the state code.
    2. Monthly billing for stormwater services.
       1. Stormwater fees will be billed fees established by the current rate schedule. The homeowners' association will receive the billing and be responsible for payment.
11. Right-of-way, public and private.
    1. Public right-of-way. All public rights-of-way will be designed and constructed in accordance with the city department of public works standards and specifications for public right-of-way.
    2. Private right-of-way. Private rights-of-way may be allowed in a PUD subject to the following requirements:
       1. All private rights-of-way must meet public safety and fire code requirements.
       2. PUD must provide for pedestrian traffic, either in connection with the right-of-way or in another suitable location within the PUD.
       3. PUD must plan for stormwater generated by the right-of-way.
12. Road and park impact fees.
    1. The road and park impact fees have been established by the city through extensive analysis of the impact of each dwelling unit on the system.
    2. All impact fees will be levied upon issuance of a building permit in accordance with an established fee schedule.
       
13. Land use authority action.
    1. Findings. Before approval of the preliminary plat, the land use authority must make the following findings:
       1. That the development provides an attractive living environment.
       2. That the proposed development creates no detriment to adjacent properties nor to the general area in which it is to be located.
       3. That the PUD shall provide more effective use of the land with more usable open space than a conventional development.
       4. That increased densities allowed in an area shall be compensated by better site design and increased amenities and recreational facilities.
       5. That the development shall not create a hazard to any part of our community.
       6. That the PUD is in compliance with all ordinances and the intent of this chapter.
    2. Approval. Upon presentation of the preliminary plat and documents, the land use authority will approve them as submitted, approve them with conditions, or refer them back to the developer for one or more of the following reasons:
       1. The land use authority determines the project to be inconsistent with the intent of the section.
       2. The land use authority requires that certain specific changes be made within the plans.
       3. The plans or documents are not complete or are poorly prepared.
       4. Fees have not been paid by the developer.
    3. Imposition of conditions.
       1. The land use authority may impose such conditions on preliminary development plans as it may deem appropriate to meet the goals and objectives of this section.
       2. The land use authority may disapprove a PUD that is found to be deficient in meeting the intent of these provisions.
    4. Time limit of approval. Any failure to submit a final development plat within one year of the approval of the preliminary plat will terminate all proceedings and render the preliminary plat null and void.
14. Failure to comply with regulations. In case of failure or neglect to comply with any and all conditions as established by law and the supporting documents of the PUD, the city will refuse to issue additional building permits, stop construction until violations or noncompliance conditions have been eliminated.

(Code 1998, § 10-14-2; Ord. No. 013-99, 8-24-1999; Ord. No. 007-2003, 8-12-2003; Ord. of 1-9-2007; Ord. No. 2019-026, 12-4-2019)