Through the use of the planned unit development (PUD), the City intends to promote flexibility and innovation in the development of land and the design of development projects within the zoning jurisdiction of the City. The purpose of this Chapter is to promote the following community objectives:

   A.   To ensure growth and development is in accordance with the City's adopted Master Plan;

   B.   To promote logical development patterns of residential, commercial, office, industrial and public uses;

   C.   To improve the design, quality and character of new development;

   D.   To ensure that new development will maintain and enhance the identity and historical development patterns of the City, and to preserve historic resources where feasible;

   E.   To minimize adverse environmental impacts of new development and to protect special urban and natural features;

   F.   To protect existing neighborhoods from the harmful encroachment of incompatible development;

   G.   To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks, and police and fire protection;

   H.   To avoid inappropriate development of lands and to provide adequate drainage and reduction of flood damage; and

   I.   To protect the public health, safety and welfare. (Ord. 246, 7-8-1997)

   A.   Land Uses: An applicant may request approval of a planned unit development having one or more principal uses or structures on a single parcel of ground or contiguous parcels of ground. Any use or combination of uses may be allowed in a planned unit development, provided such uses are consistent with the City's Master Plan and with the provisions of Section 11-11-1 of this Chapter. It is not intended that this Section apply to zone change requests for single parcels where the proposed use and site plan are fully consistent with the district regulations of this Title.

   B.   Ownership: The land designated as a planned unit development shall be either in one ownership or the subject of an application filed jointly by the owners of all the property to be included.

   C.   Title Holdings: The approved final plan shall specify the manner of holding title to areas and facilities of joint use. Normally such areas and facilities shall be retained in title by the developers of the development or deeded to an organization composed of all owners in the development.

   D.   Harmonious Arrangement: Each planned unit development shall consist of a harmonious arrangement of uses, buildings, parking areas, circulation, signs, service spaces as for snow storage and refuse collection, and open spaces.

   E.   Integrated Unit: Each planned unit development shall be designed as an integrated unit that constitutes a safe, efficient, and convenient urban environment. The construction of the planned unit development may be divided into phases.

   F.   Individual Zoning District: Each planned unit development shall be designated as an individual zoning district and numbered consecutively beginning with PUD-1. Records containing the requirements and conditions of approval for each planned unit development shall be retained in the office of the City Clerk and shall be available for public inspection.

   G.   Compliance With Supplementary Regulations: Unless the supplementary regulations of this Title are specifically superseded in an approved planned unit development plan, with the intent of complying with the provisions of Section 11-11-1 of this Chapter and this Section, all planned unit developments shall comply with the existing supplementary regulations.

   H.   Cessation Of Use: In such case that the approved uses and physical features of a planned unit development cease to be in effect, the property shall revert to the zoning classification in effect prior to approval of the planned unit development. (Ord. 246, 7-8-1997)

Approval of a planned unit development shall consist of three (3) procedural steps:

   A.   Concept Plan Review: An applicant shall submit, for informal review by the Zoning and Planning Board, the concept plan for the proposed planned unit development.

      1.   Concept Plan Submittal Requirements: The concept plan shall contain sufficient information to demonstrate its compliance with the provisions of this Section. Concept plan review offers the Zoning and Planning Board an opportunity to review the applicants proposal to identify major problems and potential solutions, and to advise the applicant of such matters prior to the formal application. It is generally expected that the following information shall be submitted for concept plan review:

         a.   Data regarding site conditions, land characteristics, available community facilities and utilities, and other related general information about adjacent land uses.

         b.   Conceptual drawing showing the proposed location of the buildings, uses of land and significant features on the site.

         c.   A table showing the site's proposed land use allocations and the percent of total site area allocated to each.

         d.   Conceptual drawings and elevations of major architectural and landscaping features.

      2.   Zoning And Planning Board Recommendations: After review, the Zoning and Planning Board shall furnish the applicant with written comments regarding the concept plan review, including recommendations to assist the applicant in preparing the preliminary plan.

   B.   Preliminary Plan Review: Upon completion of the concept plan review, an application for preliminary plan approval may be filed with the City Clerk.

      1.   Preliminary Plan Submittal Requirements:

         a.   The preliminary plan shall include sufficient information to permit review, by the Zoning and Planning Board and the City Council, of the land use relationships and densities, and the type, size and location of the buildings and other principal features of the planned unit development. Where applicable, the following additional information shall be provided:

            (1)   A statement of proposed ownership of public and private open spaces.

            (2)   A development schedule indicating the approximate date when construction of the planned unit development, or stages of the same, can be expected to begin and be completed.

            (3)   Dimensions and square footages of public and private streets, parking lots, common open areas, and other features required by this Title.

            (4)   An architectural and landscaping plan showing character and materials of each feature.

            (5)   A drawing showing significant views and vistas from the proposed site, and those from adjacent properties that may be blocked or impaired by the proposed planned unit development.

            (6)   Map and description of designated or potential historic resources (buildings, structures, sites or objects) on or adjacent to the site.

            (7)   Grading and drainage plan indicating the proposed outlet for storm drainage from the property.

            (8)   Preliminary subdivision plat if the project requires platting.

            (9)   The location of proposed vehicular and pedestrian access points to the proposed development.

            (10)   List of off-site improvements, if any, projected completion dates, and indicator of the party responsible for completion.

            (11)   Additional studies or plans as deemed necessary by the Zoning and Planning Board or City Council for adequate review of the proposed planned unit development.

         b.   The preliminary plan application shall be prepared to professional standards such that the required review may be carried out effectively.

      2.   Preliminary Plan Review And Approval Procedures: The Zoning and Planning Board and City Council shall hold public hearings on the preliminary plan. Notice of public hearings shall be made in accordance with Chapter 19 of this Title.

      3.   Preliminary Plan Review Criteria: In reviewing applications for preliminary approval of a planned unit development, the criteria outlined in Section 11-11-5 of this Chapter shall be applied.

      4.   Zoning And Planning Board Recommendation: After conducting a public hearing, the Zoning and Planning Board shall recommend to the City Council the approval, conditional approval, or denial of the preliminary plan. Such recommendation shall include the findings of the Board to support the recommendation. If no recommendation is made by the Zoning and Planning Board, a record of the public hearing shall be forwarded to the City Council.

      5.   Preliminary Plan Approval By City Council: After review by the Zoning and Planning Board, the City Council shall hold a public hearing and may approve, conditionally approve, or deny the proposed planned unit development. Preliminary plan approval shall not guarantee approval of the final plan but shall be deemed an approval of the general layout, densities, and character of the proposed development as a guide to preparation of the final plan.

      6.   Phased Planned Unit Developments: An applicant for a planned unit development intended to be constructed in phases must submit either a preliminary plan for all phases or a preliminary plan for the first phase and development guidelines for all subsequent phases. Subsequent phases shall be presented for preliminary and final plan review when the applicant is ready to proceed.

      7.   Joint Preliminary And Final Plan Review And Approval: For good cause shown and unique circumstances, or for proposals containing only one principal use, the chairperson of the Zoning and Planning Board may permit a final plan application to be concurrent with the preliminary plan application.

   C.   Final Plan Review: Upon approval or conditional approval of a preliminary plan by the City Council, an application for final approval may be submitted to the Zoning and Planning Board. The final plan must be in compliance with the approved preliminary plan or development guidelines.

      1.   Final Plan Submittal Requirements: The final plan submittal shall meet the requirements for preliminary plan submittal under subsection B of this Section. In addition, the following submittals are required for final plan review:

         a.   Final site plan showing land use data, lot lines, easements, and public rights of way.

         b.   Final landscape and open space plan, with indication of maintenance program and guarantee.

         c.   Final subdivision plat.

         d.   Final utility plans.

      2.   Zoning And Planning Board Recommendation: The Zoning and Planning Board shall review the final plan and shall determine whether the final plan meets the criteria of subsection C4 of this Section. If the determination is in the affirmative, the Board shall recommend to the City Council the approval, approval with additional conditions, or denial for cause of the final plan of the planned unit development. Such recommendation shall include the findings of the Board to support the recommendation.

      3.   Final Plan Approval By City Council: After review by the Zoning and Planning Board, the City Council may approve, conditionally approve, or deny for cause, the final plan of the proposed planned unit development.

      4.   Final Plan Review Criteria: In order to be approved, the final plan must meet the following criteria:

         a.   The final plan is in compliance with the approved preliminary plan.

         b.   All conditions imposed by the City Council in its preliminary plan approval have been met.

         c.   The final plan does not change the general use or character of the development.

         d.   The final plan does not decrease the open space indicated on the preliminary plan by more than five percent (5%).

      5.   Amendments To Final Plan: Zoning permits and other development approvals shall be issued on the basis of the approved final plan and any conditions of approval. The City shall not issue permits for improvements that are not indicated on the approved final plan, except for the following:

         a.   Minor Changes:

            (1)   Minor changes to a planned unit development may be approved in writing by the City Council. Such changes may be authorized without additional public hearings, at the discretion of the City Council. Approval of minor changes may be delegated to the Zoning and Planning Board or City Planner at the discretion of the City Council.

            (2)   Minor changes shall not affect the location, placement, shape or arrangement of buildings, lots or blocks; a change of uses; the allocation of reserved open space; increases in density or intensity of the project or, in general, the overall design or intent of the project.

         b.   Major Changes: Major changes to a planned unit development shall be approved, if at all, only by the City Council and must follow the same review and public hearing process as required for preliminary plan approval. "Major changes" shall be defined as:

            (1)   A change in the architectural or site character of the development.

            (2)   An increase of greater than two percent (2%) in the approved number of dwelling units.

            (3)   An increase of greater than two percent (2%) in the approved gross leasable floor area of buildings.

            (4)   A reduction by greater than two percent (2%) in the approved open space.

            (5)   A change in the location or placement of buildings.

            (6)   An increase in problems of traffic circulation and public utilities.

            (7)   Any change in the development that would normally cause the project to be disqualified under the applicable review criteria of Section 11-11-5 of this Chapter.

   D.   Compliance With Review Criteria: The City Council shall determine compliance to the review criteria of Section 11-11-5 of this Chapter based upon the evidence presented during evaluation of the proposed planned unit development. Should the applicant fail to comply with any terms, conditions or limitations contained in the approved documents, the City Council may take necessary enforcement measures or other legal action deemed appropriate by the City Council. (Ord. 246, 7-8-1997)

   A.   Duration Of Preliminary Plan Approval: Within three (3) years after the approval of a preliminary plan, the applicant shall file with the City Clerk a final plan and request final plan approval for all or part of the development. Said request must meet the requirements of subsection 11-11-3C of this Chapter. If no final plan is filed within this time limit, the right to proceed under the preliminary plan shall expire.

   B.   Duration Of Final Plan Approval: Within two (2) years after the approval of a final plan, the applicant must undertake and substantially complete the planned unit development or portion thereof granted final approval. For the purposes of this Chapter, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs and gutters, street lights, and fire hydrants) are installed and completed in accordance with City rules and regulations. Failure to substantially complete the development within the two (2) year period shall cause a forfeiture of the right to proceed under the final plan and shall require resubmittal of all materials and reapproval of the same.

   C.   Extension Of Approval: Upon petition by the applicant and for good cause, the Zoning and Planning Board may extend the period for complying with the requirements of subsection A or B of this Section for successive six (6) month periods. A request for a six (6) month extension of approval must be submitted in writing by the applicant to the City Clerk at least thirty (30) days prior to the expiration date. Failure to do so within the specified time period shall cause forfeiture of the right to extension of preliminary or final approval. (Ord. 246, 7-8-1997)

All proposed planned unit developments shall be reviewed against the criteria listed in this Section. The applicant shall clearly demonstrate how the planned unit development specifically addresses each applicable criterion. In evaluating a planned unit development proposal, the Zoning and Planning Board or City Council may: a) determine that certain criteria are not applicable to a particular proposal and therefore do not apply to that proposal, and b) establish other reasonable review criteria and design standards, guidelines and policies for the purpose of implementing and interpreting the provisions of this Section.

   A.   Assure Accordance With City Plans And Policies: The proposed development must be in accordance with the City's Master Plan and other adopted plans and policies of the City, including the purpose and application of planned unit developments as set forth in Sections 11-11-1 and 11-11-2 of this Chapter.

   B.   Mitigate Effects On The Site And Surrounding Properties: The proposed development should include adequate measures to mitigate adverse environmental effects, including noise and glare, on the site and on surrounding properties. If the project includes dwelling units or is adjacent to a residential zoning district, architectural and landscape design features should be incorporated to mitigate the impacts of conflicting land uses.

   C.   Mitigate Effects On Existing And Anticipated Traffic And Parking: The proposed development should include adequate measures to integrate the project into the traffic circulation plan of the City and to mitigate the adverse effects of generated traffic and parking on surrounding properties. Where feasible, it should incorporate and support nonautomobile transportation modes, such as pedestrian and bicycle paths.

   D.   Conform To Engineering Standards: The proposed development should comply with all City engineering standards and specifications, including those for water supply, sanitary sewers, utilities and streets, and pedestrian and vehicular ingress and egress, including accessibility for persons with disabilities.

   E.   Conserve Natural Resources: The proposed site design should preserve agricultural land where possible, and should create usable open space for recreational or other appropriate uses by residents and employees, and by the public where appropriate. Existing natural vegetation in unbuilt areas should be preserved or suitably replaced if disturbed, in harmony with the existing character of the City.

   F.   Harmonize With City's Architectural Character: The architectural character of buildings on the site should be harmonious with the architectural character and traditions of the City.

   G.   Preserve Historic Resources: If the site includes any designated or potentially significant historic buildings, structures, sites or objects, measures should be taken to preserve them and incorporate them into the development, where such measures will not cause undue hardship.

   H.   Respect Historical Identity: The proposed development should be harmonious with and integrated into the historical identity of the City, as in building orientation, street and alley grid, sidewalk patterns and other features of the City's public spaces. (Ord. 246, 7-8-1997)

   A.   When two (2) adjacent parcels are developed simultaneously, the responsibility for mitigating conflicts is upon the more intense use.

   B.   When a use is the first to develop on two (2) adjacent vacant parcels, the first use shall provide the necessary buffer to any reasonable future use as determined by the City Council.

   C.   When a development is proposed adjacent to an existing developed parcel, the responsibility for mitigating conflicts with and adverse impacts on the developed parcel is upon the proposed use. (Ord. 246, 7-8-1997)