A. Purpose: This subdistrict is intended to:
1. Foster and promote a variety in the development pattern;
2. Encourage developers to use a creative approach in land development;
3. Retain and conserve natural land and topographic features;
4. Promote the creation and efficient use of open spaces;
5. Create flexibility and variety in the location of improvements on lots with diversity of the use of the land.
B. Overlay Concept: Each zoning district within a development may be overlaid by one or more zoning subdistricts having the same prefix as the underlying zoning district. Such a zoning subdistrict shall be called the basic zoning subdistrict. To allow for the mixing of certain uses and for increasing densities in a planned development, each basic zoning subdistrict may be overlaid by one or more secondary zoning subdistricts having a prefix which is different from the underlying zoning district and/or subdistrict.
C. Use Regulations: Any permitted or special use shown herein to be allowed in any zoning subdistrict whose prefix is the same as the zoning district. The following uses may be permitted:
1. In residential zoning subdistricts, the number of units per building shall be determined by commission and council action.
2. Private parks and playgrounds.
D. Property Development Standards: The following property development standards shall apply to all land and buildings in planned unit development subdistricts:
1. Project Size:
a. The minimum project size shall be two (2) acres for a basic zoning subdistrict unless the commission and city council find that property of less than two (2) acres is suitable as a planned unit development by virtue of:
(1) Unique character; or
(2) Topography or landscaping features; or
(3) Its qualifying as an isolated problem area, as recommended by the planning department and determined by the planning commission.
b. The minimum project size of a subdistrict with a secondary subdistrict shall be as follows:
(1) Residential subdistrict with a secondary overlay - ten (10) acres (secondary overlay not to exceed 10 percent of project).
(2) Residential subdistrict with secondary residential overlay - ten (10) acres (secondary overlay not to exceed 50 percent of project size).
(3) Commercial subdistrict with a secondary overlay - twenty (20) acres (secondary overlay not to exceed 10 percent of project).
(4) Manufacturing subdistrict with secondary overlay - forty (40) acres (secondary overlay not to exceed 10 percent of project).
2. Density Per Acre: The density per acre of a subdistrict shall be in substantial conformity with that of the underlying zoning district. Buildings may be clustered and individual lot sizes may be reduced below the requirements of the underlying zoning district. In residential subdistricts the total number of dwelling units shall not exceed the number permitted in the underlying district per acre, multiplied by the number of acres in the development. The remaining land not contained in individual lots shall be set aside for parks and playgrounds. If there is a subsurface sewage disposal system, there can be no more than one residential unit per acre.
3. Building Height: The building height of a subdistrict shall not exceed that of the underlying zoning district.
4. Yards:
a. Along the periphery of subdistricts, yards shall be provided equal to the required front yard of the underlying zoning district. In unusual conditions in which impact on adjacent property may be lessened, the commission may recommend and the council may approve minor modifications to this setback requirement.
b. Spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this title on separate zoning lots, due consideration being given to the openness normally afforded by intervening streets and alleys.
c. All buildings shall have a trafficway setback from centerline of forty five feet (45') on a public street and twenty five feet (25') on a private street.
5. Approval Of A PUD Subdistrict:
a. Preliminary Development Plan: The petitioner for a planned unit development subdistrict may, after preapplication conferences with the planning staff, submit a preliminary development plan to the commission for review, which development plan shall include the following:
(1) The proposed site plan, showing building locations and land use areas;
(2) Proposed traffic circulation, parking areas, pedestrian walks and landscaping;
(3) Proposed construction sequence for buildings, streets, spaces and landscaped areas;
(4) Existing zoning district boundaries;
(5) A survey of the property, including topography, buildings, watercourses, trees over six inches (6") in trunk diameter, streets, utility easements, drainage patterns, right of way and land use;
(6) Other requirements that the planning department, planning commission, or legislative body may request.
b. Public Hearing: After commission review, a public hearing shall be held before the commission and council for a zoning district and zoning map amendment.
c. Final Development Plan: Within one year after approval of the preliminary development plan, the petitioner shall submit to the planning commission a final development plan. This plan shall include the following information:
(1) Site Development Plan: The developer shall provide the commission with a colored rendering of adequate scale to show the completed development that will include at least the following where applicable:
(A) Architectural style and building design.
(B) Building materials and color.
(C) Landscaping.
(D) Screening.
(E) Solid waste areas.
(F) Parking.
(G) Open space.
A concept site development plan may be approved by the commission and/or design review committee, but shall be conditioned upon approval of a final site development plan before final approval of the PUD or condominium subdivision.
(2) Homeowners' Association: The homeowners' association bylaws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities or open space, shall meet with the approval of the council. Any and all powers as specified in such agreements may also be assigned to the council and the city may elect to accept said powers for the purpose of assessing property for delinquencies and enforcement of motor vehicle regulations to protect the best interests of the owners involved and of the general public.
(3) Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, two hundred (200) square feet shall be provided every two (2) living units. This may be reduced by the council if there is a showing that the needs of a particular development are less.
(4) Parking Space: One additional parking space beyond that which is required by chapter 17.10 of this title may be required for every three (3) dwelling units to accommodate visitor parking.
(5) Maintenance Building: A maintenance building shall be provided, size and location to be suitable for the service needs that are necessary for the repair and maintenance of all common areas.
(6) Open Space: The location of open space shall be appropriate to the development and shall be of such shape and area to be usable and convenient to the residents of the development.
(7) Control During Development: Single ownership or control during development shall be required and a time limit may be imposed to guarantee the development is built and constructed as planned.
(8) Storm Drainage: Shall be provided the same as "new development and subdivision".
(9) Conformance: Such final development plan shall be in general conformance with the approved preliminary development plan.
(10) Final Approval: Final approval shall be binding on the development and changes from the final plan shall be subject to approval by the planning commission and legislative body.
(11) Extension Of Time Limit: The applicant may request extension of the time limit not later than thirty (30) days prior to the expiration of the base year limit.
6. Findings Required: The commission shall recommend to the council approval, approval with modifications, or disapproval of the final development plan. Upon approval, the plan shall constitute the zoning requirements and subdivision plat for the land in the planned unit development subdistricts.
7. Standards: Approval of planned unit development subdistrict shall be based on the following standards:
a. The proposed uses shall not be detrimental to present and potential surrounding uses; nor shall they be detrimental to the health, safety and general welfare of the public.
b. The density of the planned unit development shall be in substantial conformity with the density of surrounding zoning districts.
c. Any variation from the basic zoning district requirements must be warranted by the design and amenities incorporated in the final development plan.
d. The final development plan must be in conformance with the comprehensive land use plan.
e. Existing and proposed streets and utility services must be suitable and adequate for the proposed development.
f. The execution of a PUD agreement signed by the developer and the city that delineates commitments of the developer to the city and of the city to the developer. (Ord. 542, 2007)