The purpose of the PUD Planned Unit Development District is to provide for well-planned developments that conform with the intent of the Comprehensive Plan. Although PUD developments may appear to deviate in certain aspects from a literal interpretation of the Comprehensive Plan, the Planned Unit Development District and its accompanying guidelines and regulations are intended to allow freedom of design in order to promote developments that will be an asset to the City, by equaling or surpassing the quality of developments resulting from the application of more conventional zoning regulations.

   1.   Specific Intent.

      A.   Flexibility. Promote and permit flexibility that will encourage a more creative and imaginative approach in development which results in a more efficient, aesthetic, desirable and economic use of land, while maintaining the density and intensity of use.

      B.   Adjacent and Existing Development. Provide minimal effect upon adjacent properties and existing development.

      C.   Utilities. Promote development that can be conveniently, efficiently, and economically served by existing municipal utilities and services or by their logical extension.

      D.   Special Site Features. Promote flexibility in design, placement of buildings, and use of open space, pedestrian and vehicular circulation facilities, and off-street parking areas in a manner that will best utilize the potential of sites characterized by special features of geography, geology, topography, size or shape.

      E.   Natural and Historic Features. Provide, where it is shown to be in the public interest, for the preservation of historical features and such natural features as streams, drainageways, flood plains, ponds/lakes, topography, rock outcroppings, unique areas of vegetation, stands of trees and other similar natural assets.

      F.   Recreational Facilities. Provide for more adequate recreational facilities and other public and common facilities than would otherwise be provided under conventional land development.

      G.   Natural Setting. Provide for the enhancement of the natural setting through careful and sensitive placement of manmade facilities and plant materials.

   2.   Review Application Procedure. The reviewing and processing of any proposed PUD shall be in two steps:

      A.   Pre-Application. Pre-Application conference with sketch.

      B.   Application. Application for PUD plan approval.

   3.   Pre-Application Sketch. In order to eliminate unnecessary expenditures of time and funds, the developer shall present to the City Administrator a pre-application sketch plan. The City Administrator will involve any City staff department heads necessary. This sketch should show the generalized overall plan for development of the proposed PUD area. Included as part of the overall sketch plan should be the following elements:

      A.   Site. Location and size of site.

      B.   Topography. Existing topography with major earthwork areas, major storm water runoff considerations, and problem drainageway areas so indicated.

      C.   Environmental Characteristics. Existing tree masses and other geological and environmentally important characteristics.

      D.   Traffic and Parking. Generalized vehicular and pedestrian systems and parking areas.

      E.   Buildings. Generalized building locations.

      F.   Density. Approximate gross density, and number and types of dwelling units and the approximate gross floor areas of commercial and industrial land uses.

      G.   Utilities. Generalized utility line considerations with sanitary sewer capacity limitations so noted.

      H.   Lot Ownership. Generalized public and private ownership boundaries, including common ownership areas, if any.

      I.   Sun and Wind. Generalized building locations shall reflect that consideration be given to the positive and negative effects of sun and wind.

      J.   Schedule. Generalized flow chart indicating construction schedule.

The City Administrator shall have 15 days in which to review and comment on the pre-application sketch plan.

   4.   Application for PUD Plan Approval. After the pre-application conference, application for PUD plan approval shall be made to the Council. The Council shall refer the application to the Planning and Zoning Commission for review and recommendation. Such recommendations shall be forwarded to Council within 45 days of referral. Upon written request and approval by Council, an additional 45 days may be granted for a recommendation. All technical assistance to the Planning and Zoning Commission on the application shall be coordinated by the City Administrator. The application shall include the following written and visual materials, and copies shall be supplied in sufficient number as the City deems necessary:

      A.   Statement and Fee.

         (1)   A written statement concerning the proposed development, including the nature of the project, proposed land uses, building types, density ranges, and description of the open space and recreational system.

         (2)   A filing fee of $20.00.

      B.   Plan. A site development plan containing the following:

         (1)   Legal description of the total site being developed along with the names of the owners and seal of the registered land surveyor making the plat.

         (2)   A topographical survey of the site at an interval of not more than one foot, unless characteristics of the site indicate a greater or shorter interval appears appropriate.

         (3)   Dimensions and bearings of external property boundaries.

         (4)   The location of all existing structures, easements, utilities, proposed utilities, and public dedications either contained upon or adjacent to the site.

         (5)   The existing and proposed public and/or private street and sidewalk system.

         (6)   A statement of quantitative data including total number and types of structures to be constructed on the site, individual parcel sizes, lot coverage, gross and net residential densities, areas reserved for open space and recreation, and off-street parking areas.

         (7)   A statement addressing the positive and negative effects of sun and wind on the building locations.

      C.   Site. Site supporting information to include, as appropriate:

         (1)   Any water course areas.

         (2)   Unique natural features.

         (3)   Unique historical sites.

         (4)   General vegetation cover.

         (5)   Soil suitability.

      D.   Landscaping. A landscape plan delineating the proposed treatment of the site. The plan shall be supplemented with a written “Statement of Intent” of the plan and how the intent is to be realized.

      E.   Plans. Representative floor plans and exterior elevations of proposed structures and buildings.

      F.   Schedule. A flow chart indicating the approximate phasing and construction timetable.

   5.   Council Action on PUD Application. The Council shall by resolution grant approval of, or reject, the PUD application and notices are given. If the application is rejected, the Council will advise the owner or developer of any changes which are desired, or should have consideration, before approval will be given. Upon approval of the PUD application, a certification of approval signed by the Mayor and attested by the City Clerk shall be affixed to the original application. Such application may be taken by the Council only after complying with the requirements for Notice and Hearing as required by Section 168.13.

   6.   Design Standards. Even though PUDs promote and permit flexibility of design, certain standards must be applied to assure compatibility of the project with the intent of this chapter. These standards follow:

      A.   Permitted Uses. Normal permitted uses are those of a residential character including single-family (detached or attached), two-family and/or multiple-family dwellings and the usual accessory buildings, such as garages, storage space, maintenance structures, and buildings for recreational purposes. Commercial uses, limited to those specifically approved by the City Council, are permitted provided that such uses are primarily for the service and convenience of the residents of the development. Such commercial uses are encouraged to be located within residential buildings, however, if such uses are proposed to be contained within a separate free-standing structure:

         (1)   It must be so designed to reflect the residential character of the development; and

         (2)   It may contain an identification sign no more than four square feet, placed flush on one wall and generally not observable from the periphery of the development.

No building permit for a free-standing commercial structure will be issued and/or no certificate of occupancy for commercial use of any residential structures will be issued until 60 percent of the development’s dwelling units have been issued a certificate of occupancy.

      B.   Density. The permitted maximum dwelling unit density shall not exceed what is allowable in the zoning district in which the PUD is constructed. Where a PUD is proposed and is contained within two or more zoning districts, density shall be determined by adding the maximum dwelling units allowable for each proportional part.

      C.   Tract Size. There is no minimum tract size.

      D.   Parking. All parking must meet the requirements of the zoning district in which the PUD is constructed. Where a PUD is proposed, and is contained within two or more zoning districts, parking requirements shall be determined by the City Council, but shall not be any less restrictive than the existing requirements in the zones in which the PUD is constructed. Parking lot design consideration shall be as follows:

         (1)   Parking areas shall be treated as an integral part of the development in scale, location, and character.

         (2)   Parking areas shall be so arranged to discourage through traffic.

         (3)   As appropriate, parking areas shall be screened from adjacent structures and streets with hedges, plantings, fences, earth berms, changes in grade, and/or similar examples.

         (4)   Parking areas shall be so designed to allow for drainage of surface water without erosion, flooding, and other inconveniences.

      E.   Height. There shall be no maximum height requirement. However, heights shall be regulated to the extent that it relates to the proposed development and to the general area within which the development is proposed to be located.

      F.   Open Space. A major portion of any PUD is its open space provisions. The desirability is closely tied to the integration of open space with the total development. The Statement of Intent of this section sets forth the overall objective desired for PUDs. Therefore, no quantitative standards are stated in this section. Quality standards acknowledge the separate and multiple functions of open preservation of natural site amenities. In designing the PUD, consideration shall be given to such functions. All land in the PUD indicated as common land and common open space shall be maintained by one of the following methods:

         (1)   If the land is deeded to a Homeowner’s Association (HOA), the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the PUD.

         The provisions shall include, but not be limited to:

            a.   The HOA must be set up before the dwellings are sold.

            b.   Membership must be mandatory for each home buyer and any successive buyer.

            c.   The open space restrictions must be permanent.

            d.   The HOA must be responsible for liability insurance, taxes, and the maintenance of recreational and other facilities.

         (2)   All or any part of the open space system may be conveyed to the City by joint agreement of the developer and City, such conveyance may be by dedication or easement.

      G.   Additional Requirements. PUD plans, where applicable, shall comply with the final plat requirements of the Subdivision Regulations.

      H.   Other Considerations. A number of major factors should undergo evaluation as a portion of design standards. These include:

         (1)   Natural drainage areas shall be retained as appropriate and, if necessary, improved.

         (2)   Due consideration shall be given to preserving natural site amenities and minimizing the disturbance to the natural environment.

         (3)   Existing trees shall be preserved wherever possible. The location of trees is to be considered in designing building locations, underground services, and paved areas.

         (4)   If the development includes floodplain areas, they shall be preserved as permanent open space.

         (5)   Due consideration shall be given to the natural topography and major grade change shall be avoided. If the development includes hillsides and slopes, special evaluation shall be given to geological conditions, erosion, and topsoil loss. If unfavorable development conditions exist, the City Council may restrict clearing, cutting, filling, or other substantial changes in the natural conditions of the affected area.