The Planned Development District (PD) is intended to permit the private or public development or redevelopment of acres throughout the city which shall be substantially in accord with the goals and objectives of the master plan of future land use for the city. The use patterns of the areas involved shall provide a desirable environment and shall be harmonious to the general surrounding uses permitting flexibility in overall development while ensuring the highest of safeguards and standards for public health, safety, convenience and general welfare. Such planned development district may embrace a mixture of one or more distinct uses or zoning categories, in the vertical or horizontal plane. A planned development district shall encourage the use of land in accordance with its character and adaptability; conserve natural resources and energy; encourage innovation in land use planning; and bring about a compatibility of design and use.

(Ord. No. 96-5, § 1350, 3-5-1996; Ord. No. 2003-1, § 1350, 4-1-2003)

(a)

The uses proposed will have a beneficial effect, in terms of public health, safety, welfare or convenience or any combination thereof, on present and potential surrounding land uses. The uses proposed will encourage a more efficient use of public utilities and service and lessen the burden on circulation systems, surrounding properties, and the environment. This beneficial effect for the city (not the developer) shall be one which could not be achieved under any other single zoning classification.

(b)

The uses proposed shall be consistent with the master plan of future land use for the city.

(c)

The zoning is warranted by the design and amenities incorporated in the development proposal.

(d)

Usable open spaces shall be provided, at least equal to the total of the minimum usable open space which would be required for each of the component uses of the development. The city may, if deemed appropriate, require for planned developments more or less open space than that required by this article.

(e)

Off-street parking sufficient to meet the minimum required by section 50-450 shall be provided and the city may, if deemed appropriate, require for planned developments more or less parking than that required by this article.

(f)

Landscaping shall be provided so as to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. The city may, if deemed appropriate, require for planned unit developments more or less landscaping than that required by this article.

(g)

Vehicular and pedestrian circulation, allowing safe, convenient uncongested and well-defined circulation within and to the district shall be provided.

(h)

Natural and historical features of the district shall reasonably be protected and preserved.

(Ord. No. 96-5, § 1351, 3-5-1996; Ord. No. 2003-1, § 1351, 4-1-2003)

Application shall be made to the city council for consideration under this district. The person applying shall be required to make a submittal of the following material for review and recommendation by the planning commission:

(1)

A property area survey of the exact area being required (scale: one inch equals 100 feet).

(2)

A proof of ownership of land being requested for rezoning.

(3)

A topographic map of the entire area at a contour interval showing two-foot changes in elevation. This map shall indicate all natural and manmade features (scale: one inch equals 100 feet). In those instances where more detailed topography is deemed necessary, the city may request a contour interval of one foot. Where extreme slopes exist, the city may allow a contour interval of five feet.

(4)

A preliminary plan of the entire area carried out in such detail as to show the land use being requested, the densities being proposed where applicable, the system of collector streets, and off-street parking system.

(5)

A preliminary plan layout or an overlay of such plan on a currently available aerial photo of the site and its immediate surroundings.

(6)

A written statement explaining in detail the full intent of the sponsor indicating the specifics of the development plan as it relates to the type of dwelling units contemplated and resultant population; the extent of nonresidential development and the resultant traffic generated and parking demands created, and providing supporting documentation, such as, but not limited to, market studies, supporting land use request, and the intended scheduling of development and such other studies as the city council or planning commission may require.

(Ord. No. 96-5, § 1352, 3-5-1996; Ord. No. 2003-1, § 1352, 4-1-2003)

Approval of the preliminary plan by the city council shall be effective for a period of two years, and such accepted plan may be renewed upon expiration of said two-year period, provided conditions have not changed that would be cause for denial of such extension. In reviewing and approving the plan, the following procedures and conditions shall be followed:

(1)

The preliminary plan shall be reviewed and a recommendation shall be made by the planning commission after public hearing to the city council relative to the plan, meeting the intent and the requirements of the master plan of future land use and for the rezoning of the property to PD district. Such rezoning shall be contingent on approved Stage II plans becoming part of such rezoning. The hearing for the preliminary plan may also, with proper notification and advertising, be the hearing for rezoning of the property to a planned development district.

(2)

Approval of the preliminary plan shall be given only after public hearing by the planning commission and shall not constitute final site plan approval. Rezoning procedures under this section will rely on the plan submitted for both Stage I and Stage II and the supporting documentation and the plan, therefore, is basic to the rezoning.

(3)

Once an area has been rezoned to a PD district, no development shall take place therein nor use made of any part thereof except in accordance with the preliminary plan as originally approved, or in accordance with an approved amendment thereto.

(4)

Approval of the preliminary plan by the city council shall not constitute approval of the final site plan. It shall be deemed as approval of the land use plan submitted and shall serve as a guide in the preparation of the final plan.

(5)

The proposed PD district shall be of such area as to represent a sound carrying out of the master plan of future land use, it not being the intention of this district that an unrelated parcel by parcel rezoning be effectuated.

(6)

The zoning ordinance amendment which effectuates the rezoning to the PD district shall refer to and incorporate by reference the Stage I site plan and the Stage II site plan and such zoning amendment shall be carried out in accordance with rezoning procedures of this article.

(Ord. No. 96-5, § 1353, 3-5-1996; Ord. No. 2003-1, § 1353, 4-1-2003)

A presentation of the final site plan shall be made to the planning commission for review and recommendation to the city council of the following:

(1)

A final overall site plan for the entire area being requested under this PD district shall be submitted. This plan shall be worked out in detail showing specific uses, building location, off-street parking, street alignments, open spaces and other physical plan details being proposed. Supporting documentation in the form of building plans, and schedule of construction shall be submitted. The final site plan shall conform to all site plan requirements and all site plan review requirements of this article.

(2)

The final plan shall reflect and adhere to those use patterns as approved in the preliminary plan. Standards for building bulk and off-street parking shall be equal to at least the minimum standards set forth for like uses in article XVI of this chapter and off-street parking requirements of section 50-450.

(Ord. No. 96-5, § 1354, 3-5-1996; Ord. No. 2003-1, § 1354, 4-1-2003)

Approval of the final site plan shall be effective for a period of three years. If development is not completed in this period, the planning commission shall review progress to date and make a recommendation to the city council as to action relative to permitting continuation under an extension of the original approval. In reviewing and approving the final plan, the following conditions shall be set forth:

(1)

A Stage II certificate of compliance may be granted by the city provided that the Stage II site plan is accepted and approved by the planning commission.

(2)

All dedications of the public rights-of-way or planned public open spaces shall be made prior to any construction taking place on the site and shall be recorded by the developer.

(3)

In residential use areas, any prorated open space shall be committed by dedication to an association of residents, either as rights-in-fee, easement, or in a master deed and retained as open space for park, recreation and related uses. All lands dedicated in fee or easement shall meet the requirements set forth by the city council. Provisions satisfactory to the city council shall be made to provide for the financing of any improvements by a means satisfactory to the city council. This may include a development agreement. Such documents shall be recorded with the county register of deeds.

(4)

In those instances where a subdivision plat or site condominium is being utilized as a planned development or a part of such development, the procedures and expiration dates of the land division act or condominium act shall govern.

(Ord. No. 96-5, § 1355, 3-5-1996; Ord. No. 2003-1, § 1355, 4-1-2003)

(a)

All regulations applicable to setbacks, parking and loading, general provisions, and other requirements shall be met in relation to each respective land use in the development based upon zoning districts in which the use is listed as a permitted use or use permitted subject to special conditions.

(b)

Residential density shall be regulated as follows:

(1)

The maximum permitted residential density for single-family dwelling shall not exceed the density allowed for the R-2 single-family district. Yard setbacks for the R-2 district shall apply.

(2)

The maximum permitted residential density for multiple-family areas shall not exceed the requirements of the RM-2 district and shall meet setback requirements of the RM-2 district.

(c)

Requirements for height, bulk and density for all nonresidential uses shall be in accordance with zoning district standards most nearly reflecting policies in the city's master plan or as may be modified if appropriate by the city.

(d)

Density calculations shall meet the following requirements:

(1)

Land areas to be used in calculating gross residential density as provided in this section shall each be delineated on the Stage I plan and the Stage II plan so that the acreage and density computations can be confirmed.

(2)

The land area used for calculating gross residential density shall include the total residential land area designated on the plan, where applicable, less any area within existing public street rights-of-way.

(3)

The planning commission may require, as part of a final site plan review of a phase of a PD, that land shown as open space on the approved plan be held in reserve as part of the phase to be developed, in order to guarantee that density limits for the entire approved PD will not be exceeded when the subject phase is completed. Such reserved land may be included in the development of subsequent phases if the density limits will not be exceeded upon completion of that phase or if other land is similarly held in reserve.

(4)

The surface area of lakes, streams, ponds, (natural, manmade, or stormwater retention), marshlands, and similar areas may be included in the acreage used for calculating density if at least 50 percent of the frontage of such areas are part or lands devoted to parks and open space used for and accessible to all residents in the PD district.

(5)

Common open space, other common properties and facilities, individual properties, and all other elements of a PD district shall be so planned that they will achieve a unified open space and recreation area system, with open space and all other elements in appropriate locations, suitable related to each other, the site and surrounding lands.

(e)

To the maximum extent feasible, the development shall be designed so as to preserve natural resources and natural features.

(f)

There shall be a perimeter setback and berming, for the purpose of buffering the development in relation to surrounding properties. Such perimeter setback shall be established in the discretion of the planning commission taking into consideration the use or uses in and adjacent to the development. The setback distance need not be uniform at all points on the perimeter of the development.

(g)

Thoroughfare, drainage, and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.

(h)

There shall be underground installation of utilities, including cable, electricity and telephone, as found necessary by the city council, upon the recommendation of the planning commission.

(i)

Signage, lighting, landscaping, building architecture and materials, and other features of the project, shall be designed to achieve an integrated and controlled development, consistent with the character of the community, surrounding development or developments, and natural features of the area.

(j)

Where nonresidential uses adjoin residentially zoned property, noise reduction and visual screening mechanisms such as landscape berms and/or decorative walls shall be employed.

(Ord. No. 96-5, § 1356, 3-5-1996; Ord. No. 2003-1, § 1356, 4-1-2003)

Before approving the plan in either the preliminary Stage I site plan or final Stage II plan submittal, the planning commission and the city council shall determine that:

(1)

The cost of installing all streets, sidewalks, bike paths, street lights, park areas and necessary utilities and maintenance thereof has been assured by a means satisfactory to the city council. The city council shall have the option of requiring suitable guarantee in a form suitable to the city for the provision of any or all site improvements.

(2)

The final plan of each project area of the approved plan is in conformity with the overall approved plan. Any changes or amendments requested shall terminate approval of the preliminary plan until such changes or amendments have been reviewed and approved as in instance of the first submittal, it being the intent of this section that no other administrative or board of appeals action shall constitute official approval of such changes or amendments. Denial by the city council of any requested changes or amendments shall not void the originally approved plan.

(3)

Proceeding with a planned development district shall only be permitted if it is mutually agreeable to the city council and the developer.

(Ord. No. 96-5, § 1357, 3-5-1996; Ord. No. 2003-1, § 1357, 4-1-2003)

Minor changes to a previously approved planned development site plan may be approved without necessity of planning commission or city council action thereon if the building inspector certifies in writing that the proposed revision constitutes a minor alteration and does not alter the basic design nor any specific conditions of the plan as agreed upon by the planning commission and city council. The building inspector shall record all such changes on the original PD site plan and shall advise the planning commission and city council of all said minor revisions within 15 days of said administrative approval. Minor alterations or revisions under this section shall be limited to:

(1)

Addition or relocation of fire escapes.

(2)

Shifting of building heights and elevations, providing such shifting does not exceed ten percent of the previously approved dimension and providing such shifting does not significantly alter the conceptual integrity of the plan.

(3)

Construction of additional, or alteration of, approved sidewalks, provided that the full intent of pedestrian movement through and around the site is not inhibited thereby.

(4)

Shifting of, additions to, changes in species of landscape materials, provided such change does not reduce minimum landscape requirements.

(5)

Relocation of refuse collection stations.

(6)

Internal rearrangement of parking lots and curb cut locations, not including the relocation of parking lots, provided such functional rearrangement does not reduce the total number of parking spaces required, and further provided that the minimum landscape requirements are maintained, and further provided that such rearrangement does not inhibit good traffic flow or circulation.

(7)

Any decrease in building size or changes in bedroom counts per dwelling unit in no more than ten percent of the total number of units.

(8)

Installation of recreational or maintenance facilities that do not require erection of a structure intended for human use or occupancy.

(Ord. No. 96-5, § 1358, 3-5-1996; Ord. No. 2003-1, § 1358, 4-1-2003)

Upon adoption by the city council of the zoning amendment, the site plan, building elevation and other development proposals including the proposed uses shall become an integral part of the zoning amendment to the PD district and for the purposes of recordation, shall be referred to as "Planned Development No. _____." All approved plans shall be filed with the city clerk and building inspector.

(Ord. No. 96-5, § 1359, 3-5-1996; Ord. No. 2003-1, § 1359, 4-1-2003)

Fees for legal, engineering and planning review of the site plans shall be as established by the city council.

(Ord. No. 96-5, § 1360, 3-5-1996; Ord. No. 2003-1, § 1360, 4-1-2003)