Each zoning district of the city includes its own guidelines and requirements for development, aimed primarily at developments on individual lots or in residential subdivisions. Planned unit development offers opportunities for more efficient and innovative uses of land, including clustering and the combination of commercial, industrial and residential commercial uses into a single master-planned development. Land use variety, maximum efficiency of services and facilities, enhanced livability and the preservation of existing amenities, natural resources and area aesthetics are the purposes of this section.

(Ord. 225, passed 10-20-1994, § 25.1)

   The Planning Commission, with advice from the City Engineer and any other needed professionals, shall have the authority to approve, approve with conditions, deny or make amendments to planned unit developments within the jurisdiction of the city, subject to the provisions of this section, the applicable zoning district in which the development is located and other land use and development regulations of the city.

(Ord. 225, passed 10-20-1994, § 25.2)

   (A)   A pre-application conference between the applicant and city staff to review a concept plan is required prior to submitting an application for a planned unit development. City costs of a pre-application conference shall be reimbursed by the preparers of the concept plant.

   (B)   The applicant shall submit a "preliminary plan" as described in § 154.174, along with the application fee as established by the City Council.

(Ord. 225, passed 10-20-1994, § 25.3)

   (A)   A planned unit development shall be a minimum of two acres in size.

   (B)   There shall be no maximum size for a planned unit development, but an overall project that cannot be fully completed with a two-year construction period shall be designed in phases so that the approval process and construction activities are not more than two years apart, but still in accordance with the overall plan.

(Ord. 225, passed 10-20-1994, § 25.4)

   The "preliminary plan", along with a supporting narrative, will provide the primary basis for review and approval of the planned unit development by the Planning Commission, and is necessary for that approval.

(Ord. 225, passed 10-20-1994, § 25.5)

   (A)   Within 12 months of the Planning Commission's preliminary plan approval, the applicant shall file the final development plan with the Planning Commission, along with the final plan for any land divisions, and evidence of completion of conditions of approval.

   (B)   The final development plan map shall contain at least the following:

      (1)   All information contained on the "preliminary plan", but in final form, with dimensions, and with any revisions required by the Planning Commission.

      (2)   The final development plan map may be submitted in phases, if done in accordance with a phasing plan for the development, so that major public improvements can also be phased and completed prior to approval of the final development plan map.

(Ord. 225, passed 10-20-1994, § 25.6)

   (A)   Within 60 days of submittal of a complete "preliminary plan" for a Planned Unit Development, the Planning Commission shall schedule a public hearing on the proposal.

   (B)   After conducting the public hearing and considering any and all comments that were offered, including written comments, the Planning Commission may approve, approve with conditions, or disapprove the proposed PUD.

   (C)   A conditional approval may include any reasonable conditions that are determined by the Planning Commission to be necessary to protect natural features or surrounding development, either existing or planned, or to provide for the public health and safety of those that will eventually be residing within the development or otherwise using it. Conditions may also pertain to the most efficient use of streets, parking, other public utilities and facilities, or to the overall function of the development itself.

   (D)   Approval of either the "preliminary plan" or the "final plan" shall include adoption of findings of fact that relate specifically to the approval criteria of § 154.177.

   (E)   Approval of the final development plan shall be given by the Planning Commission following completion of the following:

      (1)   Applicant's submittal of the final development plan, as described in § 154.175.

      (2)   Applicant's completion of any modification to the plan map.

      (3)   Applicant's completion of any conditions of approval that was specifically required to be completed prior to final approval.

      (4)   Dedication of lands for parks, streets, or other public uses, as required by the Planning Commission or as proposed by applicant.

      (5)   Applicant's completion of all improvement work, including construction or improvement of public streets or highways and related improvements, or the providing of a bond or other assurance that such work will be completed as planned and approved.

      (6)   A partial approval of the final development plan may be given when the plan's development is intended to be phased over a period of several years, or when further adjustments or refinements are likely in future phases.

   (F)   In the event that construction has not commenced within one year from the date of final approval, or construction has been discontinued for a period of one year or longer, no development or further development shall take place without Planning Commission approval, following reconsideration of the project. The Commission may grant extensions of time, as it deems appropriate, and no additional public hearings shall be required prior to granting such extensions of time.

(Ord. 225, passed 10-20-1994, § 25.7)

   (A)   In granting approval of a proposed Planned Unit Development, the Planning Commission shall find that the standards of this section, including the following criteria, are either met, can be met through conditions of approval, or are not applicable:

      (1)   The proposal is not in conflict with any goals, policies, or community development proposals contained in the comprehensive plan, and will not prevent or discourage other planned development in the same zoning district or general vicinity.

      (2)   The proposal is in compliance with the standards of the affected zoning district and the provisions of this section.

      (3)   The proposal includes adequate provisions for the preservation of unique and important natural resources and cultural or historic sites that may be affected.

      (4)   The development will have no significant adverse impacts an surrounding lands or uses, including environmental impacts on the water, air, scenic qualities or other area features.

      (5)   Natural and man-made hazards to public health and safety have been minimized through the development's design.

      (6)   The project will have an adequate circulation system of streets and off-street parking areas for both occupants and visitors, including any needed improvements to off-site streets or highways that may be necessary to ensure safety and minimal congestion.

      (7)   There are adequate provisions for the on-going maintenance of open space and common areas within the development, such as through a homeowners' association or other means determined to be acceptable to the city.

      (8)   In the case of a phased development, the first phase(s) will have the same or higher ratio of amenities and open space as proposed for the development as a whole.

      (9)   Water, sewer, electricity, and other necessary public utilities and services are sufficient to serve the development and have been approved by the city's engineer.

      (10)   All developments, including commercial and industrial, will be sufficiently buffered by distance, physical features, and/or landscaping from incompatible or conflicting adjacent uses or proposed uses to minimize any potential conflicts or adverse effects.

   (B)   The final development plan for the PUD will control all subsequent site plan approvals and provide the guidance for farther development.

   (C)   Following issuance of a certificate of completion by the Building Official, any further development within the PUD, Including modifications to buildings or structures, shall be processed through the Site Plan review process to determine compliance with the final development plan.

(Ord. 225, passed 10-20-1994, § 25.8)

   (A)   The dwelling unit density of any Planned Unit Development shall not exceed that allowed within the zoning district in which the project is located, with the following exceptions.

   (B)   A density bonus of up to 20% may be granted by the Planning Commission at the time of preliminary map approval if it is determined that the project's design:

      (1)   Contains a combination of public and private open space, recreational facilities, and preserved natural areas in excess of the city's needs, as stated in the comprehensive plan's standards and policies, and the higher density can be effectively accommodated without environmental conflicts; or

      (2)   Demonstrates that the development contains distinctive or excellent qualities in the areas of site planning architectural design, landscaping, solar orientation, recreational opportunities, or other features that will provide a unique or superior living environment or that will significantly enhance the general area or neighborhood.

(Ord. 225, passed 10-20-1994, § 25.9)

   (A)   The following are permitted in a Planned Unit Development:

      (1)   Any permitted or conditional use that is listed in the zoning district in which the PUD is located.

      (2)   Accessory structures and uses that are common or typical for the types of permitted uses.

      (3)   Land uses not necessarily included as permitted or conditional uses in the underlying zoning district, but that are compatible with those that are permitted or conditional and that interact In a positive manner with permitted uses, as determined by the Planning Commission. Uses or structures that are not permitted or conditional uses in the underlying zoning district must be subordinate In density and impact to the permitted and conditional uses.

   (B)   In addition to the uses permitted in division (A) above, the following may also be considered for inclusion within a Planned Unit Development, if designed as an integral part of development and primarily for the occupants and/or other users of the development.

      (1)   Golf course, putting greens, driving range.

      (2)   Private or public parks, lakes, or waterways.

      (3)   Playgrounds, athletic fields, and other outdoor recreation area.

      (4)   Recreation of multi-purpose building, clubhouse, activity center, social center, day care center, and similar uses.

      (5)   Equestrian facilities, including stables and trails, provided an adequate distance separation can be achieved from residential development and other potentially conflicting uses.

      (6)   Bicycle paths, pedestrian walkways, jogging trails, physical fitness courses.

      (7)   Private airstrip and related hangar facilities intended for the use of occupants and visitors.

      (8)   Other uses which the Planning Commission finds to be complementary to and compatible with the primary uses provided all other site development requirements of all regulating agencies can be met.

(Ord. 225, passed 10-20-1994, § 25.10)

   (A)   Perimeter building setback requirements of the underlying zoning district shall apply within the PUD, except that residential dwellings shall be set back a minimum of ten feet from any perimeter property line.

   (B)   Within the PUD, the Planning Commission may authorize building heights in excess of the maximum district limitation, provided such building comprise no more than 20% of all proposed building floor area of the PUD and are aesthetically integrated into the overall design of the PUD.

   (C)   The Planning Commission shall have the authority to adjust, or allow adjustments to, building setbacks, yard areas, and other development standards to permit design innovation, efficiency, solar orientation, natural resource preservation, zero lot-line development, or other design features that will enhance the PUD and that will be consistent with the purpose of this section.

   (D)   To the maximum extent possible, all electrical, telephone, cable television and other utilities shall be located underground.

   (E)   Off-street parking and loading requirements of a PUD shall be based on the sum of parking and loading requirements for each individual use, in accordance with zoning ordinance § 25. The Planning Commission is authorized to approve reductions in these standards in cases where the applicant can show how parking can be shared effectively, or can be reduced to other reasons. Additional parking may also be required in cases where the design may justify more spaces than normally required.

   (F)   Fire safety provisions shall be a primary consideration in the approval of a PUD, and its overall design shall not create fire safety or access problems, nor a fire potential greater than the local fire district's suppression capabilities as determined by the Fire Chief.

   (G)   The PUD plan shall have a basic architectural “theme” established with the final plan approval. Design coordination shall include all buildings, accessory structures, signs, outdoor lighting, fencing, street trees, and other major features.

(Ord. 225, passed 10-20-1994, § 25.11)

   (A)   A generalized landscape plan is required as a part of the preliminary map approval. A specific landscape plan shall be submitted for site development plan approval prior to issuance of building permits. That specific plan shall include types, sizes, and a placement of all landscape materials, all irrigation systems, and a plan for maintenance and conform to the following standards.

   (B)   Areas of the Planned Unit Development not built upon shall be landscaped with trees, shrubs, grass or other materials, except for natural undisturbed areas specifically set aside for purposes of preservation and approved to remain in their natural state.

   (C)   Automobile parking lots shall include a combination of trees and other landscaped materials intended to provide shade, to break up the large expanse of asphalt or other hard surface, and to reduce the visual impact of the lots from adjacent areas.

   (D)   All trash receptacles shall be fully screened from public view by fencing or landscaping.

   (E)   A minimum of 25% of the total site, exclusive of streets, parking areas, and non-residential development, shall be set aside, dedicated, or reserved as common open space.

   (F)   Open space may include other required landscaped areas and outdoor areas planned and developed for recreational purposes, such as traits, bikeways, pedestrian areas, golf courses, parks and structures intended for recreational or social purposes, and may also include areas set aside for natural area preservation purposes.

   (G)   No open space may be accepted as common open space within a Planned Unit Development unless it meets the following requirements:

      (1)   The common open space is appropriate for the scale and character of the PUD in terms of size, usable shape, topography, and to the size, density and anticipated user population of the PUD.

      (2)   Any structures or other improvements within an approved open space areas are appropriate for the intended function of that area and will conserve and enhance the open space quality and amenities.

      (3)   Steep slopes greater than 25% or submerged, marshy, boggy land that is marginally useable shall comprise no more than one-half the total common open space requirement.

      (4)   If any buildings, structures or other improvements are proposed within any common open space area, the developer shall post a bond or other adequate assurance that those improvements will be completed as designed. The bond or assurance shall be released upon completion of the improvements, as approved.

      (5)   Land approved on the final plan as common open space shall be conveyed under one of the following options:

         (a)   To a public agency, such as the city, which agrees to maintain the areas and any buildings or other improvements within the common open space. The city shall only accept the dedication of open space lands that are intended for natural resource preservation of park and open space use by the general public.

         (b)   To an association of owners or tenants, created as a nonprofit corporation under the laws of this state, which shall adopt and impose articles of incorporation and bylaws and adopt and impose a declaration of covenants and restriction on the common open space that is acceptable to the City Attorney as providing for the continued care of the areas. The association shall be formed and continued in perpetuity for the purpose of maintaining and managing the common open space.

         (c)   Other options as may be proposed by the developer and found to be equally effective by the Planning Commission.

      (6)   If the common open space areas are not conveyed to the city or other public agency or nonprofit corporation, the city shall be authorized to enforce the provisions of any covenants governing the use, improvement, and maintenance of the common open space.

(Ord. 225, passed 10-20-1994, § 25.12)

   In permitting a new PUD, or an alteration to an existing PUD, the Planning Commission may impose conditions of approval that are found to be necessary to avoid a detrimental environmental impact or to otherwise protect the public interest, including but not limited to the public health and safety, of the surrounding area and the community as a whole. Such conditions may include:

   (A)   Limiting the manner in which a land use is conducted, including restrictions on the hours of operation and requirements that noise, vibration, glare, odor, dust, air and water pollution, and other adverse environmental effects be minimized.

   (B)   Limiting the height, size or location of buildings or other structures.

   (C)   Designating more or fewer vehicular access points to and from the development

   (D)   Adjusting the amount of street right-of-way dedication and street improvement standards, including curbs, gutters, paving, etc.

   (E)   Limiting the sizes, locations, and numbers of signs, outdoor lighting, and other development features.

   (F)   Requiring diking, screening, buffering, fencing, or other methods of separating or protecting adjacent incompatible or conflicting use of land.

   (G)   Requiring the protection of specific trees, vegetation, water resources, wildlife habitat, unique views, or other significant natural resources of the area.

   (H)   Requiring sidewalks, bikeways, or similar facilities that may be desirable or necessary within the development or that may be required as an element of a larger community or regional system.

   (I)   Requiring adjustments to public facilities locations or sizes, in order to properly serve the proposed development, and including off-site improvements that may be necessary to adequately serve the PUD, including off-site street improvements.

   (J)   Requiring agreements or other means that will guarantee ongoing upkeep and maintenance of all structures, landscaping, and open space areas within the PUD and giving lien rights to the city in the event that such maintenance does not occur as planned.

   (K)   Requiring the establishment of a homeowners' association, or similar entity for the purpose of ongoing maintenance and management, especially when individual units will be said as condominiums or will be retained as rentals.

(Ord. 225, passed 10-20-1994, § 25.13)

   (A)   Following approval of the final development plan by the city, any amendments to that plan shall be processed as follows:

      (1)   Minor modifications of existing buildings or structures that will have no effect on the density, intensity, or function of the PUD may be considered by the Planning Commission at a regular meeting, without a public hearing, and approved, approved with conditions, or denied in accordance with the provisions of this section.

      (2)   A major modification that will affect the projects density, intensity, general appearance, or that may affect other aspects of the development, such as parking, circulation, open space, etc., shall be considered by the Planning Commission at a public hearing, or following a public hearing that has been property advertised to solicit the public's comments pertaining to that proposal.

      (3)   Any building or structure that is totally or substantially destroyed may be reconstructed without approval of an amendment, provided the replacement structure is in compliance with the approved Development Plan.

   (B)   No amendment to an approved Planned Unit Development shall be considered as a waiver of any covenants limiting the use of the land, buildings, structures, or improvements within the area of the PUD. All rights to enforce covenants are expressly reserved by the city.

(Ord. 225, passed 10-20-1994, § 25.14)

   When a Planned Unit Development includes design proposals that require granting exceptions to or variation from the requirements and standards of Chapter 153, the Planning Commission may grant those exceptions as parts of the PUD approval process, Approval of the "preliminary plan" for a PUD shall also constitute tentative approval of a preliminary map for a subdivision or land partition, if the application materials provide the necessary information that is required by the subdivision ordinance.

(Ord. 225, passed 10-20-1994, § 25.15)

   (A)   The city shall have 30 calendar days to review a PUD application and to notify the applicant of any additional information that may be necessary to process the request.

   (B)   Following acceptance by the city of a complete "preliminary plan" the Planning Commission shall have a period of 60 days in which to schedule and conduct a public hearing on the request.

   (C)   Following the public hearing, the Planning Commission shall have a period of not more than 30 days to consider the proposal and make its decision.

   (D)   The Planning Commission's decision to approve or approve with conditions shall be followed by a one-year period, during which the applicant shall complete (if necessary) certain conditions of approval and prepare and submit the final development plan for final approval. The Commission may extend this period, upon request, and for good reason.

   (E)   Pre-application conferences and review of "concept plans" are not included in time limitations for approval of a PUD since both are considered preliminary, optional, and may pertain to other related approvals, such as a zone change, UGB amendment etc.

   (F)   Other time constraints related to actual development or phasing of development may be established as conditions of approval.

(Ord. 225, passed 10-20-1994, § 25.16)

   Any decision of the Planning Commission related to approval or denial of a Planned Unit Development may be appealed to the City Council in accordance with the city's normal appeal procedures.

(Ord. 225, passed 10-20-1994, § 25.17)

   (A)   The Planning Commission, following a pubic hearing, may amend certain conditions of approval or revoke an approved PUD for noncompliance with the conditions of approval.

   (B)   Substantial construction or development shall lake place within one year from the date of final approval of the PUD unless an extension of time or phasing plan is accepted. Otherwise the PUD approval shall automatically expire and no permits shall be issued. The project may be revived by repeating the final approval process.

(Ord. 225, passed 10-20-1994, § 25.18)