The purpose of the planned unit development regulations is to encourage flexibility in the use and development of land in order to promote its most appropriate use; to provide a high level of urban amenities; to preserve the quality of the natural environment; and to provide flexibility in the development of land subject to development standards coordinated with the provisions of necessary public services and facilities.

(Ord. No. 1986-49, § 1(7.101), 9-16-86; Ord. No. 1987-25, § 10, 5-12-87)

The definitions included in section 28-1, except for the definition of "common open space" apply to this article. The following definitions also apply to this part:

City secretary shall mean the city secretary of the city.

Common open space shall mean a parcel or parcels of land or an area of water, or a combination of land and water within the planned unit development, designed and intended for the use and enjoyment of the residents of the planned unit development. Common open space may contain such complementary buildings and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the planned unit development.

Landowner shall mean the legal or beneficial owner of all of the land included in a planned unit development. The term "landowner" also includes the holder of an option or contract to purchase, a lessee having a remaining term of not less than 40 years, and any other person having an enforceable proprietary interest in such land.

Planned unit development (PUD) shall mean a single building or a group of buildings designed for construction as a unified development under plans approved under this part of this chapter.

Single-ownership shall mean the proprietary interest of a landowner.

(Ord. No. 1986-49, § 1(7.201), 9-16-86; Ord. No. 1987-25, § 11, 5-12-87; Ord. No. 2003-0617, § 1, 11-18-03)

Cross reference— Definitions and rules of construction generally, § 1-2.

A PUD must have at least one acre of land.

(Ord. No. 1986-49, § 1(7.301), 9-16-86; Ord. No. 1987-25, § 10, 5-12-87)

A PUD must be under the control of a single landowner or otherwise subject to legal controls that ensure its unified planning and development.

(Ord. No. 1986-49, § 1(7.401), 9-16-86; Ord. No. 1987-25, § 10, 5-12-87)

Prior to making an application for a PUD, a landowner may consult the director of planning to obtain information and guidance before entering into binding contractual commitments or incurring substantial expense in the preparation of plans, surveys and other data.

(Ord. No. 1986-49, § 1(7.501), 9-16-86; Ord. No. 1987-25, § 10, 5-12-87)

A PUD may be located in any zoning district created by this chapter.

(Ord. No. 1986-49, § 1(7.601), 9-16-86; Ord. No. 1987-25, § 10, 5-12-87)

The commission may adopt rules implementing the procedures and requirements contained in sections 28-978 and 28-980.

(Ord. No. 1986-49, § 1(7.701), 9-16-86; Ord. No. 1987-25, § 10, 5-12-87)

(a)

Application. A landowner may prepare an application and concept plan for a PUD and shall file the required number of the application and concept plan with the planning department together with a filing fee in an amount approved by the city council, payable to the city.

(b)

Map. The concept plan shall include a map or maps indicating the following:

(1)

Existing topography and a conceptual grading plan for the PUD and adjacent land within 100 feet of the PUD.

(2)

The zoning classification and permitted land use for land within the PUD, including any special district created by section 28-796, and the approximate location of major buildings within the PUD and on adjacent sites within 300 feet of the PUD.

(3)

A general land use plan showing proposed uses and densities.

(4)

A general public facility plan showing the approximate location of existing and proposed private streets, pedestrian ways, trails, circulation features, public service facilities, and public or community facilities and uses.

(c)

Written statement. The concept plan shall include a descriptive written statement indicating the following:

(1)

The architectural and design features of the PUD.

(2)

A general description of proposed land uses, site development regulations and performance standards sufficient to govern the preparation and approval of a final development plan, including, but not limited to, the following:

a.

Land use regulations.

b.

Regulations governing density, building floor area, floor area ratio, site coverage, lot size and dimensions, yard requirements, common open space and landscaping.

c.

Site development standards applicable at the perimeter of the PUD.

(d)

Additional requirements. The concept plan shall also include the following:

(1)

A development schedule indicating the anticipated time for the beginning of construction and for the completion of construction for each phase of the PUD, if the PUD is to be developed in phases.

(2)

Evidence that the applicant has sufficient control over the land included in the PUD to be able to complete the development of the PUD.

(Ord. No. 1986-49, § 1(7.801—7.804), 9-16-86; Ord. No. 2002-0724, § 1, 12-17-02)

(a)

Report of director of planning. The director of planning shall review the application and concept plan and shall submit a report with his recommendations to the commission.

(b)

Action by commission. The commission shall review the concept plan and the director of planning's report and shall submit its recommendations to the council.

(c)

Action by council. The council shall hold a hearing, following notice as provided by section 28-121 et seq., at which it shall consider the application and concept plan and the recommendations of the director of planning and the commission.

(1)

The council may approve an application and concept plan for a PUD if it finds that the PUD is consistent with the comprehensive plan, the purposes of this chapter, and the planned unit development regulations.

(2)

The council shall consider the regulations contained in any applicable special district created by section 28-796 and shall approve the concept plan only if it determines that it complies with the regulations contained in the applicable special district.

(d)

Council approval. The council shall approve each application and concept plan for a PUD as an amendment to the zoning map and ordinance that supersedes all previously existing zoning regulations applicable to the land included in the PUD. The amending ordinance shall incorporate the concept plan for the PUD, as approved by the council. Each approved PUD concept plan shall be shown on the zoning map by the letters "PUD" and identified sequentially by order of enactment and by reference to the enacting ordinance.

(Ord. No. 1986-49, § 1(7.805—7.808), 9-16-86)

No building may be constructed in a PUD for which the council has approved a concept plan until the commission and city council has approved a final planned unit development (PUD) plan covering the land on which the building will be constructed.

(Ord. No. 1986-49, § 1(7.901), 9-16-86; Ord. No. 1987-25, § 10, 5-12-87; Ord. No. 1997-42, § 1, 10-7-97; Ord. No. 2002-0724, § 1, 12-17-02)

After the council has approved a plan for a PUD, the landowner shall submit a final PUD plan to the commission for a recommendation to the city council for its approval. The applicant may submit a final PUD plan covering all or some of the land included within the PUD. If the PUD is to be developed in phases, the applicant shall submit final PUD plans for later phases of the PUD in compliance with the development schedule contained in the approved concept plan.

(Ord. No. 1986-49, § 1(7.1001), 9-16-86; Ord. No. 1997-42, § 1, 10-7-97; Ord. No. 2002-0724, § 1, 12-17-02)

The final PUD plan shall be consistent with the approved concept plan and shall include the following:

(1)

A tract map showing proposed street lines, lot lines, easements and dedications.

(2)

A land use plan designating uses for each site, and detailed land use regulations, site development regulations, and performance standards applicable to each use or site.

(3)

A circulation plan, indicating all existing and proposed vehicular, pedestrian, equestrian or other circulation or transportation facilities, and showing the location and general design of all parking and loading facilities.

(4)

A public services and facilities plan, including requirements for and means of providing all utility services and public facilities necessary to serve the PUD. The plans shall include specific requirements for land dedications, installation of improvements by the developer, payment of development fees and other provisions necessary to implement the public service and facility extension policies of the city.

(5)

Schematic preliminary architectural plans and building elevations for all uses sufficient to indicate building height and bulk, general architectural design and appearance, and the arrangement of principal open spaces and uses.

(6)

A fully dimensioned site development and landscaping plan showing existing and proposed building locations, site improvements, principal landscape and design features, common open space, and all significant visual features.

(7)

Proposals for the maintenance and preservation of any common open space.

(Ord. No. 1986-49, § 1(7.1002), 9-16-86; Ord. No. 1997-42, § 1, 10-7-97; Ord. No. 2002-0724, § 1, 12-17-02)

The applicant may submit the tract map required by section 28-982(1) in a form sufficient for approval as a plat under the subdivision ordinance and may request concurrent commission and council review and approval of the tract map under the planned unit development regulations and the subdivision ordinance. The council may approve the tract map and a plat under the subdivision ordinance notwithstanding its noncompliance with any requirements in the subdivision ordinance if it finds that the final PUD plan complies with the provisions of the planned unit development regulations.

(Ord. No. 1986-49, § 1(7.1003), 9-16-86; Ord. No. 1997-42, § 1, 10-7-97; Ord. No. 2002-0724, § 1, 12-17-02)

(a)

The commission and council shall hold hearings on the final PUD plan following notice as required by section 28-151. Following the hearings, the council shall:

(1)

Approve the final PUD plan as submitted; or

(2)

Approve the final PUD plan subject to conditions; or

(3)

Refuse to approve the final PUD plan as submitted.

(b)

The council shall be deemed to have approved the final PUD plan as submitted if it does not make a decision on the final PUD plan within 45 days following the conclusion of its hearing.

(Ord. No. 1986-49, § 1(7.1004), 9-16-86; Ord. No. 1997-42, § 1, 10-7-97; Ord. No. 2002-0724, § 1, 12-17-02)

The council's decision shall be contained in a written resolution, which shall include findings of fact and reasons indicating why the council has approved or denied approval of a final PUD plan or why it has approved a final PUD plan with conditions. The findings of fact and reasons shall consider each of the following:

(1)

The consistency of the final PUD plan with the approved concept plan;

(2)

The adequacy of any common open space included in the PUD plan and proposals for the maintenance and preservation of the common open space; and

(3)

The adequacy of the circulation plan, public facilities and services plan, preliminary architectural plan, and site development and landscaping plan included in the final PUD plan. In determining the adequacy of these plans, the commission shall consider as a guide the circulation, public facilities and service elements of the comprehensive plan, the zoning regulations applicable to the most comparable zoning district, and the development plan review standards contained in section 28-171.

(Ord. No. 1986-49, § 1(7.1005), 9-16-86; Ord. No. 1997-42, § 1, 10-7-97; Ord. No. 2002-0724, § 1, 12-17-02)

The council shall file a resolution approving a final PUD plan with the city secretary and shall mail a certified copy to the landowner. The landowner shall be deemed to have accepted a council resolution approving a final development plan with conditions unless within ten days of receiving a copy of the resolution, the landowner notifies the commission of refusal to accept the conditions. The reference number of the approval final PUD plan shall be shown on the zoning map, identified by the corresponding approved concept plan for the PUD.

(Ord. No. 1986-49, § 1(7.1006), 9-16-86; Ord. No. 1997-42, § 1, 10-7-97; Ord. No. 2002-0724, § 1, 12-17-02)

Editor's note— Ord. No. 2002-0724, § 1, adopted Dec. 17, 2002, repealed §§ 28-987—28-989, which pertained to application for final PUD plan approval, action on final PUD plan, and council decision on final PUD plan; and derived from Ord. No. 1986-49, §§ 1(7.1006)—(7.1009), adopted Sep. 16, 1986; Ord. No. 1997-42, § 1, adoopted Oct. 7, 1997.

If a PUD is to be developed in phases, the council may require, in its resolution approving the final PUD plan for each phase, that the density or intensity of use in the final PUD plan for that phase shall not exceed by more than 15 percent the density or intensity of use approved for the entire PUD.

(Ord. No. 1986-49, § 1(7.1010), 9-16-86; Ord. No. 1997-42, § 1, 10-7-97)

The director of planning may require in a letter, or the council may require, in its resolution approving a final PUD plan, that the landowner shall execute easements or covenants and shall furnish a performance bond to ensure the development of the PUD is in compliance with the final PUD plan and to protect the interest of the city if the landowner fails to complete the development of the PUD.

(Ord. No. 1986-49, § 1(7.1011), 9-16-86; Ord. No. 1997-42, § 1, 10-7-97)

Editor's note— Ord. No. 2002-0724, § 1, adopted Dec. 17, 2002, repealed § 28-992, which pertained to final PUD plan approval, and derived from Ord. No. 1986-49, § 1(7.1012), adopted Sep. 16, 1986; Ord. No. 1997-42, § 1, adopted Oct. 7, 1997.

If the council refuses to approve a final PUD plan, the landowner may resubmit the plan to the commission for reconsideration and a recommendation to the council within 30 days of receiving a copy of the council resolution disapproving the plan. The resubmitted plan shall include any changes necessary to remedy the reasons identified by the council in its resolution as its reasons for disapproving the plan.

(Ord. No. 1986-49, § 1(7.1013), 9-16-86; Ord. No. 1997-42, § 1, 10-7-97; Ord. No. 2002-0724, § 1, 12-17-02)

The building official shall issue building permits for buildings in an area of a PUD covered by an approved final PUD plan if they comply with the requirements of the approved final PUD plan and all other applicable ordinances.

(Ord. No. 1986-49, § 1(7.1101), 9-16-86; Ord. No. 1987-25, § 10, 5-12-87; Ord. No. 1997-42, § 1, 10-7-97)

The building official shall issue a certificate of occupancy for any completed building in an area covered by an approved final PUD plan if the building complies with the building permit, the requirements of the final PUD plan, and all other applicable ordinances.

(Ord. No. 1986-49, § 1(7.1201), 9-16-86; Ord. No. 1987-25, § 10, 5-12-87; Ord. No. 1997-42, § 1, 10-7-97)

(a)

The council, commission or the landowner may propose an amendment to an approved PUD concept plan. The council may amend a PUD concept plan under the same procedures applicable to its initial approval.

(b)

The council, commission or the landowner may propose an amendment to an approved final PUD plan.

(c)

The director of planning may authorize minor modifications or revisions to an approved final PUD plan if required by engineering or other circumstances not foreseen when the final PUD plan was approved. The term "minor modification" means a change in the location, siting, character or height of a building or structure required by engineering or other circumstances not foreseen when the final PUD plan was approved. A minor modification may not increase the size of the building or structure by more than ten percent, nor change the location of any building or structure by more than ten feet in any direction.

(Ord. No. 1986-49, § 1(7.1301—7.1303), 9-16-86; Ord. No. 1987-25, § 12, 5-12-87; Ord. No. 1997-42, § 1, 10-7-97; Ord. No. 2002-0724, § 1, 12-17-02)

The director of planning shall annually review each incompleted PUD and shall submit a report on each incompleted PUD to the landowner, commission and council containing the following:

(1)

The summary of the development status and an assessment of the progress toward completion of the PUD, including compliance with the development schedule included in the concept plan;

(2)

A statement of any changes in the planning policies of the city, land use and market trends, or programs for the provision of public services and facilities which in the opinion of the director may affect the completion of the PUD; and

(3)

The commission and council shall review the report of the director of planning, and may take any action it considers necessary, including the amendment of the PUD concept plan or final plan, as authorized by section 28-996. The council, after giving notice as provided by section 28-121 et seq. and holding a public hearing, may also revoke its approval of the concept plan and may adopt a new zoning classification for the area of the PUD that is not completed.

(Ord. No. 1986-49, § 1(7.1401—7.1403), 9-16-86; Ord. No. 1987-25, § 13, 5-12-87; Ord. No. 1997-42, § 1, 10-7-97)

Development plan review, as provided by section 28-171, is not required for a single-family dwelling PUD which is reviewed and approved under this article.

(Ord. No. 1986-49, § 1(7.1501), 9-16-86; Ord. No. 1987-25, § 10, 5-12-87; Ord. No. 1997-42, § 1, 10-7-97; Ord. No. 2002-0724, § 1, 12-17-02)