The planned unit development (PUD) district is established to encourage and promote improved environmental design in the city by allowing for greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance to the basic intent of this chapter and the general plan for community development. The PUD district allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive, unified projects. It is further intended to encourage more rational and economic development in regard to public services and encourage and facilitate preservation of open land.

(Code 1988, § 10-1-18(1); Ord. No. 1997-003, § 10-1-18(1), 4-14-1997)

This section contemplates that there may be residential, commercial, and industrial planned unit developments and also mixed compatible use developments.

(Code 1988, § 10-1-18(2); Ord. No. 1997-003, § 10-1-18(2), 4-14-1997)

Uses permitted in a planned unit development may consist of one or a mixture of land uses clearly designated by type on the approved final development plan. Mixed uses may occur among or within buildings as long as the uses are compatible with each other and with planned and existing uses surrounding the planned unit development. Mixed uses may include any combination of residential, commercial, or agricultural uses planned and developed in an orderly and compatible relationship to one another.

(Code 1988, § 10-1-18(3); Ord. No. 1997-003, § 10-1-18(3), 4-14-1997)

Any land use not clearly designated by type on the approved final development plan shall be permitted in a PUD only upon issuance of a conditional use permit.

(Code 1988, § 10-1-18(4); Ord. No. 1997-003, § 10-1-18(4), 4-14-1997)

(a)

Standards enumerated. The district standards shall be as follows:

(1)

Access. All land uses shall abut on a public street or have adequate access to a public street by means or a private drive. All streets and drives must tie in effectively with the city's existing street system and with those arterial and collector streets proposed in its future land use plan.

(2)

Architectural style. The architectural style of individual structures shall be compatible with other structures in the planned unit development, with the overall site design and with surrounding land uses.

(3)

Common open space. Whenever possible, common open space shall be linked to the open space areas of surrounding developments. Common open space shall be of a size, shape, location and usability for its proposed purpose.

(4)

Density. Density shall be governed by the standards of the zoning district most similar in function of the proposed use. A residential planned unit development may function to the proposed use. A residential planned unit development may provide up to a 25 percent increase in the number of units per acre if the planned unit development provides substantially more site amenities than are found in a conventional residential development. The character, use of existing landscape, design variation and environmental concern of a planned unit development shall govern the amount of density increase which may be approved. Where previous zoning exists, density shall be computed based on such zoning. Where no zoning exists or where changes in zoning are proposed, a preliminary zoning request and sketch plan shall be presented.

(5)

Determining standards. Standards for lot area, coverage, setbacks, parking and screening shall be governed by the standards of the zoning district most similar in function to the proposed planned unit development use, as determined by the plan commission. Deviation from those standards may be permitted only if such deviation is consistent with the total design of the development, encourages a desirable living environment and is not detrimental to the welfare of the city.

(6)

Exterior boundary setback. No principal building shall be set back less than 25 feet or the height of the building, whichever is greater, from the exterior of a planned unit development or a public street right-of-way. No commercial or industrial structure shall be nearer than 50 feet to its side or rear property lines where such line abuts a single-family use.

(7)

Property owner's association. Membership in a property owner's association shall be mandatory for all owners of property within the planned unit development. The property owner's association shall own and maintain all common open space and private interior drives.

(8)

Minimum pud development area. Ten acres of land in single ownership or control. A land use of less than ten acres may qualify if one or more of the following conditions exist:

a.

Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features;

b.

The land is adjacent to or across the street from property which has been developed as a planned unit development and is to be developed in relationship to such prior development;

c.

The planned unit development process is desirable to insure compatibility and careful consideration of the effect of a development on surrounding land uses; or

d.

Detrimental site features affecting the development potential of a site such as heavily used highways, railroad tracks traversing a property, rock outcroppings, adjacent incompatible land uses or others may also justify consideration of a planned unit development in order to give the design flexibility needed to deal with site constraints.

(9)

Designated recreational area. At least ten percent of the area of the residential portion of a planned unit development shall be designated as common recreational areas.

(10)

Signs. In the PUD district, signs shall be permitted in accordance with the requirements of the sign regulations of the city, and such requirements as are made a part of an approved recorded development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this article.

(11)

Off-street parking. In the PUD district, off-street parking facilities shall be provided as set forth in an approved recorded precise development plan which shall be, along with the recorded plan itself, construed to be and enforced as part of this article.

(12)

Division of land. Each PUD district shall be considered as one tract, lot or parcel, and the legal description must define said planned unit development as a single parcel, lot or tract and be so recorded with the county register of deeds.

(b)

Subsequent divisions. The subsequent division of any land or lands within a planned unit development for the purpose of change or conveyance of ownership may be accomplished pursuant to the land division/subdivision regulations of the city when such division is contemplated.

(Code 1988, § 10-1-18(5); Ord. No. 1997-003, § 10-1-18(5), 4-14-1997)

Before the plan commission may review a preliminary development plan, the plan and an application shall be submitted to the clerk-treasurer at least 30 days prior to the plan commission meeting. The preliminary plan shall include the following items:

(1)

Existing trees over six inches in trunk diameter measured at two feet above grade, streams, marshes and other predominant natural features;

(2)

Phasing schedule stating the geographical phasing and approximate construction timing of the planned unit development or portions thereof;

(3)

Preliminary drainage plan;

(4)

Preliminary utility plan for all public utilities;

(5)

Site plan showing the lot lines, building locations, street system, parking spaces, drives, common open space areas, recreational improvements and structures and proposed park or school sites;

(6)

Summary sheet indicating the area of land in each land use, number of units proposed, density of development, percentage of land in usable open space, number of acres of common recreational open space and number of parking spaces provided; and

(7)

Vicinity map showing sufficient area surrounding the proposed planned unit development to demonstrate the development's relationship to the adjacent land uses and street system.

(Code 1988, § 10-1-18(6); Ord. No. 1997-003, § 10-1-18(6), 4-14-1997)

Six copies of an application development plan along with items below shall be submitted to the city clerk-treasurer which shall transmit copies to other agencies as appropriate:

(1)

The application shall include a written explanation of the character and purpose of the proposed planned development including: the type and density of any housing proposed; the nature and purpose of any nonresidential development; proposed method for preserving and maintaining open space, streets and parking areas; and a general statement of proposed financing for the project.

(2)

a.

Each proposal for planned development should be accompanied by a schedule showing the times within which each phase or segment of the planned unit development will be completed. Approval of any planned unit development by the city council shall carry with it approval of the time schedule for completion of each phase or segment thereof as contained in the proposal and any changes or amendment thereto. In the event that any portion of such time schedule is not met, the city council, upon written request of the developer for an extension of time, delivered to the city council at least 20 days prior to the expiration of the completion date for which such extension is requested, may, for good cause, extend the said completion date. There shall be no limit upon the number of time extensions which may be requested. Upon failure of the developer to satisfactorily meet any phase or segment of the completion schedule within 20 days of the expiration date thereof, or within 30 days of denial by the city council for extension thereof, the conditional use permit shall become null and void for all of the tract of land subject to such or any portion thereof, at the discretion of the city council.

b.

If final development plan approval is given to a developer and thereafter he wishes to abandon the plan, the developer shall notify the city in writing, of this action. The city, at its discretion, may retain a portion of the required security instrument to complete improvements to terminate the development or the phase of development in an orderly manner.

(3)

Within 45 days from receipt of an application for a planned unit development, the city clerk-treasurer shall schedule a conference with the developer to jointly review the proposal and consider any modifications or conditions which will be included in a report to the plan commission.

(4)

Within 45 days from receipt of city clerk-treasurer report on the proposed development, the plan commission shall make a recommendation to the city council to approve, approve with modifications or disapprove the proposal.

(5)

After receipt of the plan commission report, the city council shall approve conditionally or disapprove the proposed planned unit development. Conditional approval shall be valid for one year and shall be subject to acceptance by the plan commission of a final plan for all or for a portion of the development. The final plan shall incorporate all conditions and modifications as imposed by the city council.

(6)

Upon approval of final plans, a conditional use permit shall be issued by the city clerk-treasurer.

(7)

If part of the planned unit development involves the subdivision of land into parcels for sale to individual owners, the site plan review required pursuant to this section shall suffice for plan commission review in accordance with city subdivision regulation and the regulations and the public hearing held by the city council shall suffice for a public hearing on the subdivision.

(Code 1988, § 10-1-18(7); Ord. No. 1997-003, § 10-1-18(7), 4-14-1997)

In reviewing a proposed planned development the city clerk-treasurer shall apply the following general standards and the plan commission shall recommend approval of such planned development only when it determines that the said standards have been reasonably satisfied.

(1)

The proposal shall demonstrate an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation of scenic features and physical amenities of the site and the surrounding areas.

(2)

The project shall be planned and developed to harmonize with any existing or proposed development in areas surrounding the project site.

(3)

Individual buildings shall be related to each other in design, mass, placement and connection to provide a visually and physically integrated development.

(4)

Treatment of the sides and rear of all buildings within the project shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.

(5)

All buildings shall be arranged so as to be accessible to service and emergency vehicles.

(6)

Landscape treatment for open spaces, roads, paths, service and parking areas shall be designed as integral part of a coordinated landscape design for the entire project area.

(7)

Primary landscape treatment shall consist of shrubs, ground cover and street trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.

(8)

All streets bordering the project area shall be planted at regular intervals with street trees.

(9)

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, trash removal facilities and outdoor storage areas. All such facilities shall be designed to city specifications.

(10)

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained, and consistent with their function.

(11)

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design. To reduce unsightliness and the visual monotony of parking cars such facilities shall be screened from public view.

(12)

Any abovegrade loading facility should be screened from public view to the extent necessary to reduce unsightliness.

(Code 1988, § 10-1-18(8); Ord. No. 1997-003, § 10-1-18(8), 4-14-1997)

The decision of the plan commission shall be reviewed by the city council for compliance with this article.

(Code 1988, § 10-1-18(9); Ord. No. 1997-003, § 10-1-18(9), 4-14-1997)

The application for final development plan approval shall include the following items:

(1)

Final site plan with all pertinent dimensions shown to the nearest foot.

(2)

Final grading, drainage, utility, lighting and landscape plans.

(3)

Sign plan specifying design, height, location, size and illumination.

(4)

Deed restrictions and instruments dedicating all rights-of-way, easements and public lands drafted to the satisfaction of the city attorney, insuring the preservation and maintenance of the common open space areas.

(5)

Bylaws of the proposed property owner's association.

(6)

Building elevation drawings, including specifications, except for detached single-family dwellings meeting required residential district standards. This requirement may be waived.

(7)

Before a building permit may be issued, the developer shall file with the city a security instrument (i.e., a performance bond or irrevocable letter of credit acceptable to the city) in an amount equal to 150 percent of the estimated cost of public utilities and infrastructure, paved parking, landscaping, walkways, recreational equipment and lighting in accordance with final development plans. Such security instrument shall be posted for each phase as it is proposed for development. The estimated cost for termination of each phase shall be retained by the city until subsequent phases are under construction.

(8)

Such other information that may be requested to fully represent the intent of the development plan or to determine if the plan meets the conditions for approval.

(Code 1988, § 10-1-18(10); Ord. No. 1997-003, § 10-1-18(10), 4-14-1997)

(a)

Within 60 days after the final development plan is submitted, the plan commission shall make a recommendation to the city council on such plan as to its conformity with the preliminary development plan, fulfillment of all required items and continued compliance with findings required for preliminary development plan approval.

(b)

Upon receiving the plan commission's recommendation, the city council shall either grant, grant subject to conditions or deny the final development plan. If approval is granted, a conditional use permit shall be issued to the developer by the city clerk-treasurer, which permit shall contain any conditions attached by the city council.

(Code 1988, § 10-1-18(11); Ord. No. 1997-003, § 10-1-18(11), 4-14-1997)

(a)

Requirements. The plan commission, in making recommendations for approval and the city council, in making a determination approving the final development plan for a planned unit development, shall find as follows:

(1)

That the applicable physical requirements made and provided for in this section will be met;

(2)

That the requirements as to public services and facilities made and provided for in this section will be met.

(b)

Proposed construction schedule. The plan commission and city council, in making their respective recommendation and determination, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed planned unit development, commencement of the physical development within one year of approval being deemed reasonable.

(c)

Residential planned unit development, considerations. The plan commission and city council, in making their respective recommendation and determination as to a proposed residential planned unit development, shall further consider whether:

(1)

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the community.

(2)

The total net residential density within the planned unit development will be compatible with the city land use plan, and shall be compatible with the density of the district wherein located. Residential PUD parcels shall contain at least six dwelling units.

(3)

Structure types will be generally compatible with other structural types permitted in the underlying basic use district.

(4)

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities if privately owned.

(5)

Provision has been made for adequate, continuing fire and police protection.

(6)

The population density of the development will or will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

(7)

Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan as approved either by private reservation and maintenance or by dedication to the public.

(d)

Commercial planned unit development, considerations. The plan commission and city council, in making their respective recommendation and determination as to a proposed commercial planned unit development, shall further consider whether:

(1)

The economic practicality of the proposed development can be justified.

(2)

The proposed development will be served by off-street parking and truck service facilities in accordance with this article.

(3)

The proposed development shall be adequately provided with, and shall not impose any undue burden on, public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

(4)

The locations of entrances and exists have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood.

(5)

The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

(e)

Industrial planned unit development, considerations. The plan commission and city council, in making their respective recommendations and determination as to a proposed industrial planned unit development, shall further consider whether:

(1)

The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect on the property values of the surrounding neighborhood.

(2)

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water sanitary sewer and stormwater drainage and maintenance of public areas.

(3)

The proposed development will include provision for off-street parking and truck services areas in accordance with this article and will be adequately serviced by easy-access rail and/or arterial highway facilities.

(4)

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

(f)

Mixed use planned unit development, considerations. The plan commission and city council, in making their respective recommendation and determination as to a proposed mixed use planned unit development, shall further reconsider whether:

(1)

The proposed mixture of uses presents a unified composite which is compatible with the zoning district and which, as a total development entity, is compatible with the surrounding neighborhood.

(2)

The various types of uses conform to the general requirements as herein before set forth, applicable to projects of such use and character.

(3)

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

(Code 1988, § 10-1-18(12); Ord. No. 1997-003, § 10-1-18(12), 4-14-1997)

Upon approval, the city clerk-treasurer shall certify two copies of such plan and have them on file. Such plan shall be drawn to a scale of 40 feet to one inch or larger. The dimensions of such plan shall not exceed three feet by six feet. In case of a large plan, two or more sheets may be required. If so, the sheets shall be numbered.

(Code 1988, § 10-1-18(13); Ord. No. 1997-003, § 10-1-18(13), 4-14-1997)

After approval, the PUD district shall be designated on the city's official zoning map.

(Code 1988, § 10-1-18(14); Ord. No. 1997-003, § 10-1-18(14), 4-14-1997)

Any significant changes in the approved final development plan may be made only after a public hearing by the plan commission and approval by the city council. No changes in the final development plan may be made unless they are shown by the developer to be required by changes in conditions or circumstances not foreseen at the time of the final plan approval. Any significant changes shall be recorded as amendment to the approved final development plan. Minor changes must be approved by the city clerk-treasurer.

(Code 1988, § 10-1-18(15); Ord. No. 1997-003, § 10-1-18(15), 4-14-1997)

If final development plan approval is given to a developer and thereafter he wishes to abandon the plan, the developer shall notify the city in writing. If the developer fails to commence the development within 12 months or upon a finding by the plan commission that there has not been substantial development (as indicated by installation of utilities or completion of five percent of the proposed floor area) within the site area within 18 months after final development plan approval has been granted, such approval shall be terminated after public hearing by the plan commission and upon approval by the city council. Such time period may be extended by the city council upon written application by the developer for up to, but not to exceed, six months.

(Code 1988, § 10-1-18(16); Ord. No. 1997-003, § 10-1-18(16), 4-14-1997)

(a)

It is recognized that certain planned unit developments may involve construction over an extended period of time. If it is proposed to develop a project during a period exceeding two years, the developer may request concept approval from the plan commission and city council for the entire project and permission to submit application for preliminary development plan approval on the first stage of the project.

(b)

A public hearing shall be required by the plan commission for consideration of concept approval as well as for each stage of development in the extended staged planned unit development. Each stage of the planned unit development shall require both preliminary and final development plan approval.

(Code 1988, § 10-1-18(17); Ord. No. 1997-003, § 10-1-18(17), 4-14-1997)

No building permit shall be issued for a building in a planned unit development until the plans have been reviewed and approved by the building inspector.

(Code 1988, § 10-1-18(18); Ord. No. 1997-003, § 10-1-18(18), 4-14-1997)