The purpose of the Planned Unit Development District is to encourage a more efficient use of land and services while preserving or protecting resources such as open space, natural habitat, agricultural lands and topographic and geological features by allowing the use of modern planning and development standards and criteria as set forth in each of the zoning districts of this Ordinance.

In order to insure the effective management of land and its environmental resources within the City of Linn Valley while recognizing the economic constraints and limitations inherent in all types of development, the following objectives are established:

A.    Promote and encourage innovation in residential, recreational, limited retail business and employment center developments by creative planning so that the growing demands of the residents of the City of Linn Valley may have a greater variety in type, design and layout of buildings and development.

B.    To aid in the reduction of development costs by allowing developers to incorporate changes in technology and market demands for land development.

C.    Encourage a more desirable environment by providing for a combination of different land uses which complement each other but which may not, in all aspects, conform to the requirements and strict application of other sections of these Regulations.

D.    Promote a development environment that is in harmony with the character of the developments in the surrounding community and in a manner consistent with the County Comprehensive Plan.

The Planned Unit Development District is intended to be used in conjunction with any zoning district established in these regulations to create a combined zoning district to provide small and large scale development incorporating a single type or a mix of related land uses which are planned and developed as a unit. The Planned Unit Development District may provide a greater overall development density based on the gross project area where private roads, common open space and common recreation areas and facilities are incorporated in the development plan. Applications for rezoning to include a Planned Unit Development District shall be submitted and processed in accordance with the provisions of K.S.A. 12-757.

All uses permitted by the Planned Unit Development District shall comply with those uses specifically permitted by the basic zoning district with which the Planned Unit Development District zone is combined, except for those uses and activities requiring a Special Use Permit as identified in the basic zoning district.  Additional uses may be approved by the Planning Commission provided such uses are shown on the Preliminary Development Plan and found to compliment the other uses included in the Development Plan and to be consistent with the provisions of the City Comprehensive Plan.

Any use or activity included on the Preliminary Development Plan submitted with an application for rezoning to combine a Planned Unit Development Zone that requires a Special Use Permit as identified in the basic zoning district, shall submit a request for a Special Use Permit concurrently with the rezoning application. The Planned Unit Development District and Preliminary Development Plan shall not be approved unless the Planning Commission approves the Special Use Permit as provided by Article 16 of this Ordinance.

A Preliminary Development Plan shall be submitted and approved concurrently with the rezoning application for a Planned Unit Development District. The Preliminary Development Plan shall be reviewed at the public hearing(s) for the rezoning and approved or conditionally approved. The Preliminary Development Plan shall include the following: 

A.    Shall be drawn to a scale not smaller than one (1) inch = 200 feet.

B.    Date and North Arrow

C.    Names, addresses and phone numbers of the applicant, owner and designer of the Plan.

D.    Legal description of the property.

E.    Names of surrounding streets/roads.

F.    Existing and proposed contours at no greater than two (2) foot intervals.

G.    Boundaries of the area included in the development plan, including dimensions and references to section corners, quarter section corners or recorded plats.

H.    Names of adjoining property owners.

I.     Location of any existing water lines, sewer lines and other utilities including size of facilities if applicable.

J.     The location and dimensions of existing structures or permanent buildings and natural features such as ponds, lakes, drainages and nay land area subject to the Floodplain.

K.    Location, number and size of proposed lots.

L.    Location, number and size of all proposed buildings or structures.

M.   Location and number of parking spaces to be provided.

N.    General location, arrangement and purpose of any open space, recreational or other common areas proposed.

O.    General location, dimensions and improvement standards for roads, vehicular access dries, pedestrian trails, sidewalks or walkways proposed.

P.    Location, height and general materials to be used for walls, fences and landscaping.

Q.    Preliminary sketches of building elevations depicting the general style, size and exterior materials of the buildings proposed in sufficient detail to indicate the relative compatibility of the proposed development with the character of the surrounding community.

R.    Indication of the proposed schedule, sequence and location of each development phase if the project is to be developed in phases.

Prior to the issuance of any building permits for construction on land within a Planned Unit Development District, a Final Development Plan shall be submitted and approved as provided in the following:

A.    The applicant for a Planned Unit Development District shall file a Final Development Plan for at least the first phase within one (1) year after approval of the Preliminary Development Plan and rezoning by the City Council.  Failure to do so shall cause the approval of the Preliminary Development Plan to become null and void, unless a time extension is applied for and approved by the Planning Commission and granted by the City Council.  A request for a time extension must be submitted at least fourteen (14) days prior to expiration date of the Preliminary Development Plan and may be extended for a period of twelve (12) months.

B.    Where a zoning change to include the Planned Unit Development District was approved based on the Preliminary Development Plan and the time frame has expired, the Planning Commission shall review the Planned Unit Development District and initiate an action to change the zoning back to the previous zoning classification or such other zoning district as may be determined to be consistent with the Comprehensive Plan.

A Final Development Plan must be submitted at least thirty (30) days prior to the Planning Commission meeting at which the application is requested to be considered.  The Final Development Plan shall conform to all requirements and conditions placed on the approval of the Preliminary Development Plan, and the Planning Commission must find that the Final Development Plan substantially complies with the Preliminary Development Plan and all conditions of approval.

Upon approval of the Final Development Plan by the Planning Commission, the applicant shall be authorized to apply for the building permits and such other permits as may be required for the proposed development.

If the Planning Commission, or upon appeal the City Council, find that the Final Development Plan is not in substantial compliance with the Preliminary Development Plan and conditions of approval, the Planning Commission, or City Council, shall take one of the following actions:

1.    Specify what changes to the Final Development Plan are necessary to bring it into compliance with the Preliminary Development Plan and conditions of approval and grant conditional approval subject to verification of the Zoning Administrator that all required changes have been satisfied; or

2.    Disapprove the Final Development Plan and advised the applicant of the reasons for the disapproval.

C.    Where a Final Development Plan has been denied, a revised Final Development Plan may be submitted provided such submittal complies with the times frames set forth above.