(A) Purpose and intent. This section is adopted for the purposes of:
(1) Recognizing the economic and cultural advantages that will accrue to the residents of a planned community;
(2) Providing an optional procedure for an area where designation of a single use zoning district and/or application of standard zoning requirements may be too rigid for practical application; and
(3) Encouraging the use of contemporary land planning principles and coordinated community design.
(B) Definitions. The language set forth in the text of this section shall be interpreted in accordance with the following.
(1) This section shall have no effect upon other developments or district requirements as set forth in this chapter.
(2) The minimum area required for a planned unit development shall be one acre.
(3) Planned unit developments shall be excluded from requirements of this chapter and specifically approved as a PUD. The exclusions shall only be granted for the purpose of creating better overall design and an improved living environment and not solely for the economic advantage of the developer.
(4) The granting of a PUD permit does not alter in any manner the existing zoning district classification; except that, building permits shall not be issued which are not in conformity with the approved PUD permit unless it is amended, cancelled or modified by other provisions of this section.
(5) Wherever a question arises concerning the interpretation of any provision of this section, it shall be the duty of the Planning Commission and the City Attorney to ascertain all facts and forward a recommendation to the Council for a determination.
(C) Procedure. The procedures for obtaining approval of the preliminary development plan of a PUD shall be as follows.
(1) Preliminary discussion. Prior to filing a petition, any person may request a meeting with the Planning Commission or City Engineer to discuss the feasibility of a PUD.
(2) Petition. The petition for a PUD shall be on a form provided by the city and shall include all of the following information:
(a) Signature(s) of owner(s) and developer(s);
(b) All data normally required by the city for a rezoning application; and
(c) All information and plans comprising a “preliminary development plan”, as described herein.
(3) Processing of petition. The petition for a “preliminary development plan” of a PUD shall be processed by the city in the same manner in which rezoning petitions are processed as described in this chapter.
(4) Fees. The fee for a PUD shall be the same as the fee charged for a rezoning.
(D) Preliminary development plan. The preliminary development plan of a PUD shall include the following information:
(1) An overall plan indicating the proposed use of all areas of the site, including the density, type and number of stories of all dwelling units, size and use of proposed commercial areas, recreation areas, walkway locations, public streets and similar features;
(2) A staging plan indicating the proposed sequence and timing of development of all areas of the site. This shall include number of dwelling units, commercial structures, public streets, utilities and recreation areas; and
(3) A detailed plan of first phase development indicating buildings, parking areas, driveways and similar detail, on a site plan and including architectural elevation drawings of all buildings.
(E) Final development plan.
(1) The “final development plan” may be approved in phases along with the progression of development. The final development plan shall be reviewed by the Planning Commission with final determination by the Council. A public hearing shall not be required provided the Final Development plan is in substantial conformance with the preliminary plan. Any major change as determined by the Council shall require a public hearing.
(2) The final development plan for any phase of development shall include the following:
(a) A final plat, if required, adopted in accordance with this chapter;
(b) A final site plan showing all structures, parking areas, driveways, recreational improvements, walkways and similar detail on a scaled and dimensioned drawing;
(c) A landscape plan showing the location, species and size of all plant materials. Landscape information shall be located on a grading plan;
(d) A utility plan showing the location and size of all utilities and easements. The utility plan shall include sanitary sewer, water, storm sewer and drainage, electricity and gas. Note: may be omitted if plat is required for PUD;
(e) Building plans shall be submitted in detail and in accordance with the state’s Building Code; and
(f) Covenants, agreements or contracts governing the use or maintenance of the development shall be filed with the city. Where the information is lacking, the city may require a bond or similar guarantee to ensure that areas held common by persons residing in the development will be developed and maintained.
(F) General provisions.
(1) Residential unit densities shall be determined as a part of the approval of the PUD. Final determination on density shall be made when the final development plan for each phase is approved, in determining densities, the city shall be guided by the city’s Comprehensive Plan, this chapter, the proposed PUD, the zoning of the property and adjoining area and similar planning information.
(2) Site coverage of all buildings on a PUD site shall not exceed 30% of the net land area (site area excluding public street).
(3) Uses approved and permitted under a PUD shall only include uses permitted in residential districts in the city and those commercial uses specifically approved as a part of the approval of a PUD.
(4) Upon approval of a preliminary development plan, a PUD may not be altered, revised or withdrawn without the approval of the Council. The approval shall have the same effect as the zoning of the property.
(5) All approved preliminary development plans shall be so designated on the zoning map as it is revised from time to time. The map shall be related by number or other means to an approved preliminary or final development plan of a PUD on file with the city. The plans shall be available for the general public to review.
(6) Enforcement of the provisions of this section shall be the same as for other provisions of this chapter.
(Ord. 111, effective 6-8-1976)