A Planned Unit Development (PUD) provides a means by which land can be developed or redeveloped with innovation, creativity and design effort. The Planned Unit Development accommodates the fulfillment of the objectives of the City Comprehensive Plan while allowing limited relief from strict application of use and bulk regulations which may cause undue hardship or complications for desirable but unconventional development. This Article is intended to grant such flexibility through the Special Use Permit process of public hearings to establish specific regulations, standards and criteria to address concerns of each case consistent with the Comprehensive Plan. Objectives of Planned Unit Development are as follows:

1.

To stimulate creative approaches to the residential, commercial and industrial development of land.

2.

To provide more efficient use of land.

3.

To preserve natural features and provide open space areas.

4.

To develop new approaches to the living environment through variety in type, design and layout of residential structures, commercial and industrial buildings, transportation systems, and public facilities.

5.

To accommodate diversification of permitted land uses and variation in the relationship of uses, structures, open spaces and structural height in projects conceived as a cohesive unified development consistent with the City Comprehensive Plan.

The Planned Unit Development shall be designed in accordance with the following standards and criteria:

1.

The Planned Unit Development shall be under single ownership and/or unified control at the time of filing an application for approval of the Planned Unit Development.

2.

All public improvements shall conform to the regulations and design standards of the State Subdivision Regulations, except that the design standards may be modified if the function of the public improvement is not altered.

3.

The Planned Unit Development shall provide for the dedication of land for park and recreational purposes and land for school sites or a cash contribution in-lieu-of actual land dedication or a combination of both all in accordance with City Ordinances.

4.

A Planned Unit Development may provide a means to utilize a parcel of land or lot for the purpose of erecting more than one (1) principal building or structure.

5.

All buildings, structures and uses of land within the Planned Unit Development shall conform to the area, lot width, yard, height and bulk regulations of the zoning district in which the Planned Unit Development is located or, for those uses which are not allowed in that zoning district but are allowed as part of the Planned Unit Development, the area, lot width, yard, height and bulk regulations of the zoning district in which they are first permitted. These regulations may be waived or modified if supported by findings of the Planning Commission and City Council.

6.

The development plan shall include sufficient covenants, easements and other provisions relating to bulk, layout, land uses and public facilities as are necessary to protect the welfare of the Planned Unit Development and adjoining properties and are not inconsistent with the City Comprehensive Plan.

7.

A minimum of twenty five percent (25%) of the land area of the Planned Unit Development devoted to multiple-family residential use shall consist of common open space. No area within thirty feet (30') of any building or structure, except one used for recreational purposes, shall be included in the computation of the common open space requirements. In no event shall the total amount of common open space, including the required park donation, have to exceed forty five percent (45%) of the gross land area of the Planned Unit Development.

8.

Exceptional landscaping features such as larger caliper, varied species and reduced spacing of trees and plantings shall be provided for Planned Unit Developments compared to standards specified by the State Subdivision regulations and site development regulations.

A Planned Unit Development shall be granted as a special use to the zoning district in which it is located. The process for obtaining a Planned Unit Development shall be as follows:

1.

Concept Plan: A concept review before the Planning Commission and City Council shall be conducted after an initial review by City Staff. Recommendations and findings listed during the concept stage are preliminary only, subject to modification as a result of information provided during later public hearing stages.

2.

Preliminary Plat:

a.

An application for approval of a Preliminary Plat of Planned Unit Development shall be filed in writing with the City Zoning Administrator. The City Zoning Administrator shall transmit the application to the Planning Commission for review and duly published public hearing. The application shall contain such information as may be required to conduct a comprehensive review and evaluation of the proposal as determined by City Staff, the Planning Commission or City Council.

b.

Notice of the public hearing shall be published in accordance with State Statutes.

c.

The applicant shall give written notice to owners of adjoining property as required by law.

d.

The public hearing shall be conducted by the Planning Commission and a record of such proceedings shall be preserved in such manner as the Planning Commission shall, by rule, prescribe from time to time.

e.

The Planning Commission shall make written findings of fact and shall submit same together with its recommendations to the City Council.

f.

After recommendation by the Planning Commission, the City Council may grant, deny or grant with modification, the proposed Planned Unit Development. If the City Council grants the proposed Planned Unit Development, it shall adopt an ordinance authorizing the Planned Unit Development as a special use.

g.

Attached to the ordinance, as exhibits, shall be the Preliminary Plat of the Planned Unit Development and supporting documents as necessary. Approval of a Preliminary Plat of Planned Unit Development shall not constitute final approval of the Final Plat of Planned Unit Development, rather it shall be deemed an expression of approval of the concept and layout submitted on the Preliminary Plat as a guide to the preparation of the Final Plat of Planned Unit Development.

3.

Final Plat:

a.

The Planned Unit Development may be final platted in segments. The Final Plat or plats of the Planned Unit Development shall conform substantially to the Preliminary Plat of Planned Unit Development as approved. The Preliminary Plat of Planned Unit Development shall generally specify uses of land and locations of buildings, whereas the Final Plat of Planned Unit Development shall designate with particularity of the uses of land and the location of buildings.

b.

An application for approval of a Final Plat of Planned Unit Development shall be filed in writing with the City Zoning Administrator. The City Zoning Administrator shall transmit the application to the Planning Commission for review. The application shall contain such information as may be required to conduct a comprehensive review and evaluation of the application as determined by the City Staff, the Planning Commission or City Council.

c.

The review shall be conducted by the Planning Commission and a record of such proceedings shall be preserved in such a manner and the Planning Commission shall, by rule, prescribe from time to time.

d.

The Planning Commission shall make written findings of fact and shall submit same together with its recommendations to the City Council.

e.

After recommendation by the Planning Commission, the City Council may grant, deny or grant with modification, the proposed Planned Unit Development. If the City Council grants the proposed Planned Unit Development, it shall adopt an ordinance authorizing the Planned Unit Development as a special use. Attached to the ordinance as exhibits shall be the Final Plat of Planned Unit Development and supporting documents as necessary.

For each stage in the Planned Unit Development review process, the following information and data shall be submitted:

1.

Concept Plan: The following information and data is required:

a.

Data regarding site conditions, land characteristics, available community facilities and utilities, and other related general information about uses of land on site and surrounding sites.

b.

Sketch drawing showing the proposed location of the uses of land, major streets and other features.

c.

Property survey and legal description of the subject parcel of land.

2.

Preliminary Plat: The following information and data is required:

a.

Preliminary Plat: A drawing of the Planned Unit Development, at a scale of one hundred feet to one inch (1" = 100'), composed of one (1) or more sheets showing the following information:

1.

Title by which the proposed Planned Unit Development is to be referred.

2.

Legal description of the property and total acreage included.

3.

Date, scale, north point, and date of preparation.

4.

Name and address of the owner, applicant, engineer and land surveyor.

5.

Location of corporate boundary, county and township lines at or near the Planned Unit Development.

6.

Location, dimensions and acreage of proposed land uses including single-family residential, multi-family residential, business areas, industrial areas, open spaces and school sites.

7.

Location and dimensions of proposed streets, alleys, easements and storm water control areas.

8.

Dimensions of the lots into which the property is proposed to be subdivided.

9.

Density of the Planned Unit Development for both the entire development and individual land use areas.

10.

Location map showing the location of the Planned Unit Development within the City.

11.

Character of the surrounding area adjacent to the Planned Unit Development including existing land uses, subdivision of lands, location and dimensions of streets, alleys, easements, and storm water control areas, and location of buildings and structures.

12.

The zoning classification of the subject property and the surrounding area adjoining the site.

13.

Location and dimensions of existing streets, alleys, easements, storm water control areas, buildings, structures and public utilities within the Planned Unit Development.

14.

Plan for sidewalks or pedestrian access and circulation.

15.

General internal uses of each building or structure.

16.

Ground elevations on the tract showing one foot (1') contours for land that slopes less than one-half percent (.5%); two foot (2') contours for land that slopes more than one-half percent (.5%); spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions.

17.

Flood plain lines including floodway and flood fringe delineation.

b.

Character: An explanation of the character of the Planned Unit Development, the reasons why it needs the flexibility of the Planned Unit Development regulations, how the official plan affects the property, and how it accomplishes the purposes of the Planned Unit Development regulations.

c.

Design Schedule: A listing of the area, lot width, yard, height and bulk requirements applicable to the Planned Unit Development.

d.

Service Facilities: Information on all service facilities and off-street parking facilities.

e.

Preliminary Engineering: Engineering in sufficient detail which will convey the general basis of design of the sanitary sewer, water, storm water control, flood control and street facilities.

f.

Natural Features Study: An analysis of the natural features and drainage patterns of the property.

g.

Geological and Soil Analysis: An examination of the adequacy of the property for development.

h.

Impact Studies: Impact studies and geological analysis and other information and data as the Planning Commission may require for the full and complete consideration of the Planned Unit Development.

3.

Final Plat: The following information and data is required:

a.

Final Plat: A drawing of the Planned Unit Development, suitable for recording with the County Recorder of Deeds, showing the following information:

1.

Designation with particularly the uses of the land and the location of buildings and structures.

2.

Title under which the proposed Planned Unit Development is to be recorded.

3.

Legal description of the property and total acreage included.

4.

Date, scale, north point and date of preparation.

5.

Location, dimensions and acreage of proposed land uses including single-family residential, multi-family residential, business areas, industrial areas, open spaces and school sites.

6.

Location and dimensions of proposed streets, alleys, easements and storm water control areas.

7.

Dimensions of the lots into which the property is proposed to be subdivided.

8.

Plan for sidewalks or pedestrian access and circulation.

b.

Design Schedule: A listing of the area, lot width, yard, height and bulk requirements applicable to the Planned Unit Development.

c.

Statement of Intent and Agreement: A document by the applicant setting forth the nature, kind, character and the extent of all the public improvements to be constructed, the specific park and school donation, applicable fees and charges, agreement on cost sharing of public improvement, and agreement on any other items.

d.

Financing Surety: Guarantee of funds in accordance with the provisions of the City Subdivision Regulations.

e.

Covenants: Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the Planned Unit Development.

f.

Final Engineering: Complete and detailed engineering which shows the design of the sanitary sewer, water, storm water control, flood control, and street facilities including specifications.

g.

Cost Estimate: Estimates of cost for all public improvements.

h.

Other information and data as the City Staff, Planning Commission or City Council may require for full and complete consideration of the Planned Unit Development.

A Planned Unit Development shall be constructed in accordance with the approved Preliminary or Final Plat of Planned Unit Development and all supporting data. These plats shall control and limit the use of the parcel of land (including the general internal use of buildings and structures) and the location of buildings and structures in the Planned Unit Development as indicated on the plats.

Modification to the Planned Unit Development shall be defined as follows:

1.

Major changes are modifications which alter the concept or intent of the Planned Unit Development such as, changes in density, changes in location and type of uses of land, increases in the height of buildings or structures, reduction in the acreage of open space, modification increasing the number of dwelling units in any designated land use area, or alteration in road alignment.

2.

Minor changes are changes not defined as major changes and which do not alter the concept or intent of the Planned Unit Development.

A revised Preliminary Plat of Planned Unit Development and supporting data shall be submitted upon a major change. The procedure for approval shall be in accordance with the provisions of Subsection 9-32-2 of the Article. If a Final Plat of Planned Unit Development has also been approved, it shall also be amended at the time of approval of the revised Preliminary Plat of Planned Unit Development.

Minor changes shall be approved by the City Council without the review and recommendation of the Planning Commission. This provision shall not prohibit the City Council from requesting of the Planning Commission its new review and recommendation.

The Planning Commission shall not recommend nor the City Council grant a Planned Unit Development unless it shall make findings based upon the evidence presented to it in each specific case that:

1.

The design of the Planned Unit Development presents an innovative and creative approach to the development of land and living environments.

2.

The Planned Unit Development meets the requirements and standards of the Planned Unit Development regulations.

3.

The physical design of the Planned Unit Development efficiently utilizes the land and adequately provides for transportation and public facilities while preserving the natural features of the site.

4.

Open space areas and recreational facilities are provided.

5.

The modifications in design standards from the subdivision control regulations and the waivers in bulk regulations from the zoning regulations fulfill the intent of those regulations.

6.

The Planned Unit Development is compatible with the adjacent properties and the neighborhood.

7.

The Planned Unit Development fulfills the objectives of the Comprehensive Plan and land use policies of the City.

The Planned Unit Development shall be constructed in a timely manner. The Planned Unit Development shall be subject to revocation under the following conditions:

1.

Final Platting does not occur within two (2) years from the date of approval of the Preliminary Plat of Planned Unit Development.

2.

Construction does not commence and a letter of credit and proceed within two (2) years from the date of approval of the Final Planned Plat of a Planned Unit Development.

The City Council may extend those time limits in one (1) year increments.

The City Council may initiate or the owner of the parcel of land on which the Planned Unit Development is to be constructed may apply for the revocation of the Planned Unit Development. Said owner shall be notified, in writing, at least thirty (30) days prior to the City Council consideration of the revocation.

Upon the revocation of the Planned Unit Development, the parcel of land shall conform to the permitted uses and other regulations of the zoning district of which it is a special use unless an amendment or other special use is initiated by the City Council or is applied for by the owner of the parcel of land on which the Planned Unit Development was to be constructed and granted by the City Council in accordance with the provisions of Article 3 of this Ordinance.