A. Purpose: Planned unit developments are a specific type of conditional use that may be permitted only when recommended by the planning and zoning board and granted by the city council according to the standards and procedures of this section. The purpose of the planned unit development option is to permit:
1. A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this title;
2. Permanent preservation of common open space and recreation areas and facilities;
3. A pattern of development to preserve natural vegetation, topographic and geologic features;
4. A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities;
5. An efficient use of the land resulting in more economic networks of utilities, streets and other facilities; and
6. A land use which promotes the public health, safety, and general welfare.
B. Prerequisites; Location, Ownership And Size:
1. Planned unit developments are authorized in each of the following zoning districts of this title subject to the regulations of this section.
2. The site of a planned unit development must be under single ownership and/or unified control.
3. The minimum size of a planned unit development shall be not less than:
a. In the R-1, R-2, R-3, and R-4 zoning districts: Two (2) acres; provided, however, that there is no minimum size for detached single- family and attached townhouse developments consisting of multiple principal buildings where the planned unit development is associated with a petition for annexation.
b. In the C-1, C-2, C-3 and C-4 zoning districts: Two (2) acres;
c. In the C-5 zoning district: One acre;
d. In the C-7 zoning district: Ten (10) acres; and
e. In the M-1, M-2, M-3 and I-1 zoning districts: Two (2) acres.
C. Permitted Bulk Exceptions And Minimum Development Standards: To achieve the intent of this section, the planning and zoning board may recommend and the city council may authorize any exceptions to the applicable bulk regulations of this title; provided however, the following minimum standards are met:
1. Necessity Of Bulk Exceptions: Any bulk exceptions authorized under this provision shall be solely for the purpose of promoting a unified site plan, and meeting the objective of this title and the comprehensive plan.
2. Perimeter Yards: The minimum front, side and rear yards on the perimeter of the planned unit development shall be provided in accordance with the underlying zoning district or districts, although exceptions may be granted. Greater minimum yards and/or landscape buffers may be required to foster aesthetically pleasing planned unit developments and to make planned unit developments more compatible with adjacent uses, to minimize possible adverse impacts and to provide privacy.
3. Compatibility: The uses permitted in a planned unit development must be of a type and located to minimize detrimental influence upon surrounding properties.
4. Parking Requirements: In no case shall the required parking be less than 75% of the base parking requirement of the uses as required collectively.
5. Traffic: Adequate provision shall be made to provide safe ingress and egress and designed to minimize traffic congestion in the public streets.
6. General Design: The planned unit development shall not be designed as to be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The planned unit development shall be designed to offer more architectural features, enhanced landscaping and extra open space.
D. Procedure For Review And Decision: A planned unit development shall be granted as a specific type of conditional use in accordance with the procedures and standards of this section, and that of section 12-3-4, "Conditional Uses", of this chapter. The review procedure shall include the preparation and submission of both a preliminary plat and a final plat as described below:
1. Preapplication Conference: Prior to filing of an application for a planned unit development, the developer may request an informal meeting with the zoning administrator to discuss the development of a planned unit development. The preapplication conference is not mandatory and does not require formal application fee, or filing of a planned unit development application.
2. Preliminary Plat Review:
a. Application: Applications for a planned unit development preliminary plat shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter.
b. Action By Zoning Administrator: Upon receipt of a properly completed application for a preliminary plat, the zoning administrator shall conduct a site plan review subject to the regulations of section 12-3-2, "Site Plan Review", of this chapter. The written report and recommendations of the zoning administrator shall be forwarded to the planning and zoning board for its review and recommendations.
c. Action By Planning And Zoning Board:
(1) The planning and zoning board shall hold a public hearing on the preliminary plat in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter.
(2) Within thirty (30) days of the close of the public hearing, the planning and zoning board shall forward its recommendation of either approval, approval with modifications, or disapproval in writing to the city council.
d. Action By City Council:
(1) The city council shall consider the preliminary plat at its next available scheduled public meeting and either approve, approve with modifications, or disapprove of the preliminary plat by a duly adopted ordinance. The failure of the city council to act at such time, or such further time to which the applicant may agree, shall be deemed to be a decision of disapproval.
(2) If the application is approved or approved with modifications, the city council shall instruct the zoning administrator to accept the preliminary plat, listing any specific conditions specified by the council or by the planning and zoning board. If the application is disapproved, the city council shall instruct the zoning administrator to provide the applicant with written notification of the council's decision.
3. Approval Is Preliminary: Approval of a preliminary plat for a planned unit development shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat, which shall be submitted by the developer not later than 12 months (or such additional time as may be authorized by resolution of the city council) after approval of the preliminary plat. The final plat shall be approved as the final land use and zoning plat if it conforms with the preliminary land use and zoning plat.
4. Optional Joint Submission: The preliminary and final plat may be filed and reviewed simultaneously, if all requirements hereof are met. No building permit shall be issued for any structure until the approval of the final plat.
5. Final Plat Review:
a. The final plat for the planned unit development shall conform substantially to the approved preliminary plat. A major change shall be considered changes which alter the concept or intent of the planned unit development; including increases in density, increases in the height of buildings, reductions of proposed open space, changes in the development schedule, changes in road standards, or changes in the governing agreements, provisions, or covenants. Minor changes shall be considered any change not described as a major change.
b. If desired by the developer, the final plat may be submitted in stages with each stage reflecting a portion of the approved preliminary plat which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations.
c. The required procedure for approval of a final plat shall be as set forth below:
(1) Application: Applications for a final plat shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter.
(2) Action By Zoning Administrator: Upon receipt of a properly completed application for a final plat, the zoning administrator shall conduct a site plan review subject to the regulations of section 12-3-2, "Site Plan Review", of this chapter. The purpose of this review shall be to certify that the final plat is in conformity with these regulations and in agreement with the approved preliminary plat. The zoning administrator shall forward his written report and recommendations to the planning and zoning board for its review and recommendations.
(3) Action By Planning And Zoning Board:
(A) The planning and zoning board shall hold a public hearing on the final plat in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter.
(B) Within thirty (30) days of the close of the public hearing, the planning and zoning board shall forward its recommendation of either approval, approval with modifications, or disapproval in writing to the city council.
(4) Action By City Council:
(A) The city council shall consider the application at its next available scheduled public meeting, and shall schedule a hearing if, in the opinion of the mayor, city manager or by written call by three (3) of the aldermen, it appears necessary and either approve, approve with modifications, by a duly adopted ordinance, or disapprove of the final plat. The failure of the city council to act at such time, or such further time to which the applicant may agree, shall be deemed to be a decision of disapproval.
(B) If the application is approved or approved with modifications, the zoning administrator shall issue a conditional use permit for the planned unit development, listing any specific conditions specified by the council or by the planning and zoning board for approval. If the final plat is disapproved, the city council shall instruct the zoning administrator to notify the applicant in writing.
(C) The city council may, as a prerequisite of approval of the conditional use permit and final plat, require the developer and/or owners of the planned unit development to enter into a development agreement with the city governing the construction, ownership, and maintenance of public and private improvements, required performance security, construction schedules and other conditions. The development agreement shall be recorded by the applicant as a supplement to the deed for the planned unit development property, in the county recorder's office.
6. Recording Of Final Plat: The ordinance authorizing construction of the planned unit development shall be effective only upon recording of the final plat and supporting data with the county recorder's office. No zoning certificate or other permit, allowing construction of a building or other development, shall take place until the required recording of the final plat. All recording costs shall be paid by the applicant.
E. Findings: The planning and zoning board and the city council, in their review of planned unit development applications, shall review the particular facts and circumstances of each proposed planned unit development and recommend or authorize approval, approval with modifications, or disapproval of the planned unit development in terms of the following findings to the extent applicable:
1. The extent to which the proposed plan is or is not consistent with the stated purpose of the planned unit development regulations set forth in subsection A of this section;
2. The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations;
3. The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk and use and the reasons why such departures are or are not deemed to be in the public interest;
4. The extent to which the physical design of the proposed plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation and visual enjoyment;
5. The extent to which the relationship and compatibility of the proposed plan is beneficial or adverse to adjacent properties and neighborhood;
6. The extent to which the proposed plan is not desirable to the proposed plan to physical development, tax base and economic well being of the entire community; and
7. The extent to which the proposed plan is not in conformity with the recommendations of the comprehensive plan.
F. Supplementary Conditions And Safeguards: The planning and zoning board may recommend and the city council may require such conditions and restrictions upon the construction, location and operation of a planned unit development as may be deemed necessary to promote the general objective of this title and to minimize any injury to the value of property in the neighborhood. Such conditions shall be expressly set forth in the ordinance granting the conditional use permit for the planned unit development as well as the development agreement, if determined to be appropriate by the director of community and economic development, and shall be recorded by the applicant as a supplement to the deed for the property, in the county recorder's office. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such conditional use permit, pursuant to chapter 4, "Enforcement And Penalties", of this title.
G. Changes In The Planned Unit Development After Approval: The planned unit development shall be developed only according to the approved and recorded final plat unless changed pursuant to the provisions of the minor change provisions as set forth in subsection B of this section. Changes, which alter the already approved site plan, will require a new plat for recording, after approval by the planning and zoning board and the city council. The recorded final plat, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the planned unit development project as set forth therein.
1. "Major Changes": Changes which alter the concept or intent of the planned unit development such as the following:
a. Any increase in density.
b. Any reduction in the dimension or number of off street parking and/or loading spaces, except when the reduction provides additional mobility impaired accessible parking or electric vehicle charging spaces, and the facility, after the reduction, will fully comply with the parking requirements set forth in Chapter 9: Off Street Parking and Loading Facilities.
c. Any change in location and types of nonresidential land uses.
d. Any reduction of an amount of common open space, landscaping, or buffering.
e. Any changes in proportion of housing types.
f. Any changes in road standards.
g. Any changes in final governing agreements, provisions or covenants.
h. Any significant change to exterior elevations of buildings which alter rooflines, building materials, approved color schemes, height of buildings, or result in a significant change in architectural style.
Said changes shall require the submission by the applicant of a new application that shall be processed and approved in the same manner as required of an original application.
2. "Minor Changes": Minor changes are modifications that are not defined as major changes and do not alter the concept or intent of a planned unit development. The director of community and economic development may approve minor changes that meet the criteria set forth in this subsection through an administrative adjustment process without the approval of the city council. The director of community and economic development shall report the proposed minor changes to the council in writing through the city manager.
3. Recording Of Changes: All changes to the final plat shall be recorded with the county recorder's office as amendments to the final plat, or reflected in the recording of a new corrected final plat.
H. Schedule: The city council shall consider revocation of the planned unit development if construction falls more than 18 months behind the construction schedule filed with the final plat. The developer shall be notified at least ninety (90) days preceding any revocation proceeding. The city council may, upon request, modify the recorded construction schedule of a planned unit development. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-7-04, 1-19-2004; Ord. Z-27- 05, 11-21-2005; Ord. Z-8-13, 4-1-2013; Ord. Z-11-15, 5-18-2015; Ord. Z-29-15, 10-5-2015; Ord. Z-22-16, 9-6-2016; Ord. Z-29-16, 12-5-2016; Ord. Z-30-16, 12- 5-2016; Ord. Z-13-19, 6-3-2019; Ord. Z-15-20, 6-1-2020; Ord. Z-55-21, 12-6-2021; Ord. Z-23-23, 9-5-2023)