(a)

Purpose. It is the purpose of this district to provide a method for landowners or developers to submit proposals for unique zoning district provisions for individual planned developments which are not provided for or allowed in the zoning districts otherwise established by the Keystone Heights Land Development Code. Rezoning for planned developments will be an entirely voluntary procedure; and the approval of planned development rezoning rests entirely with the Keystone Heights City Council, after review and recommendation by the plan board. The approval may include in the rezoning any conditions the hearing officer or commission deems necessary. Planned developments may include any uses and any mixture of uses, but they must conform to all aspects of the Keystone Heights Comprehensive Plan. However, the comprehensive plan may also be changed so as to permit a particular planned development.

(b)

Basic goal. The goal of the planned unit development district is to permit planned residential, commercial, industrial and mixed use developments within both the designated urban development areas and rural areas of the City of Keystone Heights which are intended to:

(1)

Encourage the development of land as planned developments;

(2)

Encourage flexible and creative concepts of site planning;

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open areas;

(4)

Accomplish a more desirable environment than would be possible through the strict application of the minimum requirements of zoning and subdivision requirements;

(5)

Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; and

(6)

Provide a stable environmental character compatible with surrounding areas.

(c)

Objectives. The planned development provisions are intended to promote flexibility of design and permit planned diversification and integration of uses and structures, while at the same time retaining in the Keystone Heights City Council the absolute authority to establish limitations and regulations thereon for the benefit of the public health, welfare and safety. By encouraging maximum flexibility in the proposals which may be considered, while at the same time retaining maximum control in the Keystone Heights City Council over the approval or disapproval of such proposals, the planned development provisions are designed to:

(1)

Promote more efficient and economic uses of land;

(2)

Encourage a more compatible and harmonious development of contiguous lands;

(3)

Promote home ownership opportunities for all residents of the city;

(4)

Provide flexibility to meet changing needs, technologies, economics and consumer preferences;

(5)

Permit a more efficient use of bypassed lands;

(6)

Be totally controllable based on the needs of the city, in terms of the impact on the proposed site and surrounding land uses and neighborhoods;

(7)

Encourage uses of land which reduce transportation needs and which conserve energy and natural resources;

a.

Preserve to the greatest extent possible, and utilize in a harmonious fashion, existing landscape features and amenities;

b.

Provide for more usable and suitably located recreational facilities than would otherwise be provided under conventional land development procedures;

c.

Provide for more open spaces and scenic areas, either commonly-owned or publicly-owned, than would otherwise be provided under conventional land development procedures;

d.

Lower development and building costs by permitting smaller networks of utilities and streets and the use of more economical building types and shared facilities;

e.

Accomplish more desirable living and working environments than would be possible through the strict application of minimum requirements of the city's other land development regulations;

f.

Permit the combining and coordinating of architectural styles, building forms, and building relationships within a planned development;

g.

Provide an environment of stable character compatible with surrounding developments;

h.

Permit specific limitations and requirements in excess of those included in other zoning districts, based on the unique characteristics of the individual site, where necessary to the public health, welfare, or safety, or for the protection or preservation of lands either internal or external to the planned development; and

i.

Ensure the preservation and maintenance of common areas and open spaces in developments within Keystone Heights.

(d)

Definitions. For purposes of this article, relating to planned developments, the following words and phrases shall have the following meanings:

Applicant means a landowner, developer, builder or other person who files a petition for a zoning change to planned unit development district.

Approved development plan means a development plan submitted for a proposed planned development which has been approved and adopted by ordinance by the Keystone Heights City Council.

Buffering means the use of any man-made or natural materials or open space in any fashion designed to limit the effects of one land use upon adjoining land uses.

Common area means any part of a planned development designed and intended to be used in common by the owners, residents or tenants or the planned development.

Development plan means the plan submitted in accordance with the requirements of this article as the basis for a rezoning to planned development, consisting of both a development plan map and a development plan report, both of which shall be adopted by reference in any amendatory ordinance rezoning to planned development and approving the development plan.

Impervious ground coverage means an area of ground covered by any part of a building, street, parking lot, or any other structure, improvement, facility or material which is incapable of being penetrated, as by moisture.

Intensity of use means the gross floor area of all nonresidential uses.

Land use regulation means any ordinance or resolution controlling the use, development, maintenance or transfer of real property.

Plaza means any open space which contains more than 50 percent impervious ground coverage.

Recreational area or recreation area means any common area or dedicated public area, including open space or buildings, but not including streets or off-street parking or loading areas, which is usable for either passive or active recreational activities. Passive recreational activities are those which involve mere observation or only a small amount of activity to derive relaxation or pleasure, and they include such pursuits as sightseeing, bird watching, picnicking, fishing, and the like. Active recreational activities are those which require a certain degree of physical exertion in order to obtain exercise or a release of energy, and they include both team sports and individual sports, playground activities, exercise facilities, and the like.

Sediment means solid material, mineral or organic, that is in suspension, is being transported, or has moved form its site or origin, by water.

Sedimentation means the deposition of waterborne sediment into a body of running water, into a lake, on property other than the site of origin, or on public rights-of-way.

(Ord. 01-317, passed 3-20-01)

In general, these planned development provisions are designed to allow a landowner or developer to submit any proposal for consideration, for any use or any mixture of uses, and allow the Keystone Heights City Council to approve any proposal which it determines to be in the best interest of the public health, welfare and safety, along with any conditions or requirements or limitations thereon which the city council deems desirable. Regardless, however, of this designed flexibility, no planned development may be approved under these provisions which:

(1)

Includes less than three acres of land when at least 50 percent of the property line immediately adjacent (or where property abuts a right-of-way) to the proposed planned development is designated as low density residential or moderate density residential on the land use element of the Keystone Heights Comprehensive Plan. This provision does not apply to lots under three acres that are occupied by existing businesses or vacant nonresidential buildings that are appropriate for adaptive reuse;

(2)

Includes proposed uses or proposed buildings on the perimeter of the development which have minimum setback requirements less than those for adjacent areas outside the planned development; or

(3)

Is inconsistent with the planned uses, planned residential density, or open space objectives or the comprehensive plan, unless a corresponding change to the comprehensive plan is also approved.

(Ord. 01-317, passed 3-20-01)

(a)

Generally. The approval process is also designed to be flexible, so that, depending on the site, complexity and novelty of a proposed development and the desires of the applicant, approval of a planned development may be obtained (or ultimately rejected) in either a one-step, two-step, or multi-step procedure, depending on the complexity of the proposal and the desires of the applicant. The first possible step, concept review, is optional. The first required step is development plan approval, after which there will be one or more required steps for detail approval. If an applicant wishes, he or she may attempt to obtain any required detail approval at the same time as development plan approval.

(b)

Concept review. Prior to making any expenditures or developing any detailed plans or data, an applicant may, at his or her sole option and expense, submit to the plan board for review the concept of a proposed planned development. This may be done with or without any supporting plan or sketch, but the applicant shall be required to pay a filing fee in accordance with the schedule contained elsewhere in this Land Development Code, and notice of such concept review shall be mailed by the city to all persons owning property being used for residential purposes within 400 feet of the property proposed for planned development zoning, as shown on the most recent tax rolls. Such notice shall be mailed at least 15 days before the concept review occurs at the office of the city administrator. The plan board's concept review is intended solely to alert an applicant to problems with, or objections to, a particular proposed development, so that a proposal may be abandoned without significant expenditure by the applicant if he or she determines that approval of the proposal will be questionable or unlikely. During concept review, no comment concerning a proposed development concept, nor any expressed approval of such a concept by the plan board, any officer or employee of the city, shall be relied upon by the applicant or any other person as representation or implication that the particular concept proposed will ever be ultimately approved in any form as a planned development.

(c)

Development plan approval. The first required step in the approval process of a planned development is the submission of a development plan for approval, accompanied by a filing fee in accordance with the schedule as outlined elsewhere in this Land Development Code and a petition to rezone the land involved to a planned unit development district in accordance with the development plan submitted pursuant to the requirements specified hereinafter. The rezoning petition will be advertised, noticed and heard by the plan board following the same procedures as are used for other rezoning petitions. The plan board public hearing on the rezoning petition may be continued from time to time, as necessary, to facilitate the inclusion in the development plan of such changes, conditions and additions as my be agreed upon by the plan board and the applicant. The development plan finally agreed to by the applicant will be forwarded to the Keystone Heights City Council for its consideration, along with the plan board's recommendation to either deny the rezoning, approve the rezoning, or approve the rezoning only with further amendments or additions to the development plan. Following the Keystone Heights City Council public hearing on the proposed rezoning forwarded to it, the city council may either deny the rezoning, approve the rezoning, or approve the rezoning with whatever amendments or additions to the development plan it deems necessary and appropriate. Should the applicant not be agreeable to a development plan in the form in which it is approved by the city council, the rezoning petition may be withdrawn at any time prior to the second reading of an ordinance enacting the rezoning. The applicant must file concurrently with the rezoning petition any petition for amendment to the Keystone Heights Comprehensive Plan which is necessary to the approval by the city council of the proposed rezoning. An applicant may file concurrently with the rezoning petition any applications for subdivision or site plan approval as required hereinafter.

(d)

Detail approval. Detail approval shall consist of subdivision approval, site plan approval, or both:

(1)

Zoning to planned unit development district shall not relieve any person of the requirement of compliance with the provisions of this Land Development Code relating to the subdivision of lands.

(2)

Applications for approvals required under this Land Development Code may be filed and processed at the same time as an application for rezoning to planned development. Any such approval given by the plan board pursuant to other sections of this Land Development Code must be in conformance with the development plan finally agreed to by the applicant and submitted to the city council and must be conditioned upon the enactment of a rezoning ordinance based upon such development plan. If the rezoning includes any additions or amendments by the city council to the development plan submitted to it, any prior approval by the plan board shall be automatically revoked and reconsidered. Any approvals given by the city council shall be in conformance with the development plan as approved by the city council and must be conditioned upon the enactment of a rezoning ordinance based upon such development plan.

(3)

Once a rezoning has been accomplished based on an approved development plan, an applicant may not commence development (other than the construction of single-family units) except in accordance with an approved site plan. Site plan approval shall be obtained in accordance with the requirements found elsewhere in this Land Development Code. Site plans may be submitted for approval at one time for all of a planned development or at different times for any parts of a planned development; provided that, if a development plan includes provisions for phased development, no site plan may be approved for any phase if the plan board determines that development of a prior phase is not sufficiently completed to insure that the phasing limitations of the approved development plan are met, that the public health, welfare or safety are not adversely affected, and that any phasing requirements are not subverted. Site plans must comply in all respects with the requirements of the approved development plan. An applicant may choose to submit a site plan for approval, for all or any part of a proposed planned development, at the same time as the rezoning petition is filed. Any approval by the plan board of such a site plan shall be conditioned upon the enactment of a rezoning ordinance based on the development plan and no revocation or the site plan approval by the city council. If the rezoning includes any additions or amendments by the city council to the development plan submitted to it, any prior site plan approval by the plan board may be revoked by the city council until the site plan is reconsidered and reaffirmed by the plan board.

(e)

Filing of revised development plan. If the city council approves a development plan with conditions or modifications at any step in the approval process, then the applicant shall revise the development plan to clearly indicate such conditions or modifications, and file seven copies of the revised development plan with the Keystone Heights Building Official within 60 days of the date of any such approval. Failure to file the revised site plan within the time period prescribed herein shall render any approval of the city council null and void unless the applicant files with the city council a written request for an extension of time within such 60-day period. The city council may grant an extension of time for good cause shown. Nothing herein shall prohibit the applicant from filing a new development plan with the plan board for approval, except as provided elsewhere in this Land Development Code.

(Ord. 01-317, passed 3-20-01)

(a) Along with a rezoning request, an applicant for planned development rezoning shall submit the following:

(1)

Legal description of site and owners. A legal description of the proposed planned development shall be submitted, along with the names of every person owning an interest in any part of the site and the nature of each person's interest.

(2)

Existing conditions map. This map or series of maps shall be drawn to a scale acceptable to the plan board, but in no instance to a scale smaller than one inch equals 100 feet, and shall include:

a.

Title of the proposed planned development and name(s) of the applicant(s);

b.

Scale, date, north arrow and general location map showing the boundaries of the planned development, section lines within the planned development and the nearest ones without, and the existing property lines for both public and private property within the planned development and for 300 feet surrounding it;

c.

Within the site and the 300 feet area surrounding it, the location and names of all existing streets; the location and use of all existing principal buildings and existing recreation or open space areas; the location and size of all existing drainage, water, sewer, electrical, and other utilities facilities, including fire hydrants; and all existing easements, watercourses, bridges, lakes, marshes, wooded areas, sinkholes, and other physical conditions affecting the area;

d.

Existing topography at one inch equals 100 feet with two-foot contour lines and a slope category analysis for areas of more than ten percent slope;

e.

Generalized soil types in project area and surrounding area if significantly different from project area;

f.

Information about the type and location of existing vegetation, including the approximate size and location of major tree groupings and trees as defined elsewhere in this Land Development Code. Aerial and on-site photographs may be used to show vegetation; and

g.

The location and function of all other existing public facilities which would serve the site such as schools, parks, fire stations and the like. Notation of this information on a scaled map or by written description is acceptable.

(b)

Development plan map. Such map or maps shall be drawn and submitted at a scale acceptable to the Plan Board, but not smaller than one inch equals 100 feet, and shall include:

(1)

The proposed land use relationships, including the boundaries of each use area, the uses to be permitted therein, and the form of ownership for each use;

(2)

The proposed vehicle, bicycle and pedestrian circulation system, including the general locations and widths of rights-of-way;

(3)

The use and, generally, the size, location, distance form one another and height of all proposed buildings and other structures;

(4)

The location and size of usable open space areas, plazas and recreation areas, with an indication for each whether it will be a common area or dedicated to public use; and

(5)

The location and size of all areas designated for public or semi-public institutional uses, such as schools, places of religious assembly, libraries, public safety facilities, and the like.

(c)

Development plan report. This report shall be a part of the development plan, and shall include:

(1)

A statement indicating the purpose and intent of the project and the applicant's opinion of how the proposed planned development complies with the goals and policies of the Keystone Heights Comprehensive Plan.

(2)

A statement of the internal and external land use relationships and the applicant's opinion of their compatibility.

(3)

A plan for pedestrian, bikeway and vehicular circulation describing the general design capacity of the system as well as access points to the major thoroughfare system. A trip generation report for each phase of development shall be included as a supplement to this plan.

(4)

Statistical information including:

a.

Total acreage of the site;

b.

Maximum building coverage expressed as a percentage of the site area;

c.

Maximum impervious ground coverage expressed as a percent of the total site area;

d.

The calculated residential density of the project;

e.

The exact number of dwelling units and residential density in each residential use area;

f.

The exact number of commercial land uses by type and size (gross floor area) to be allowed;

g.

The specific acreage of each use area; and

h.

The areas of land devoted to publicly owned usable open space, publicly owned recreational areas, publicly owned plazas, common-area recreational areas, and common-area plazas, all expressed as percentages of the total site area.

(5)

Drainage concept plan, indicating the manner of controlling water drainage from the property.

(6)

A generalized landscaping plan.

(7)

A statement indicating the design standards proposed to be utilized for all streets and off-street parking and loading facilities, public or private.

(8)

A development schedule for the planned development (for each phase, if phasing is proposed) containing the following information, which schedule shall not be binding, except as may be specifically required in the rezoning ordinance:

a.

The order of construction of the proposed land uses by use area delineated in the development plan;

b.

The proposed date for the beginning of construction of the land uses by use area;

c.

The proposed date for the completion of construction on the land uses by use area;

d.

The proposed schedule for construction of required or permitted improvements of usable open spaces, plazas, and recreational areas within each use area, including any complementary building or other facilities; and

e.

The proposed schedule for the installation of required public or utilities improvements and the dedication of public rights-of-way, easements and properties.

(d)

Documents to be examined and approved by city attorney. All required documents to be examined and approved by the city attorney as contemplated and required by this section and such supporting information as may be reasonably required to permit the certification required by the city attorney under this article.

(e)

Exceptions. If any of the items required to be included in the development plan map or report is inapplicable or irrelevant to a proposed planned development, such item may be omitted provided the development plan report identifies the items missing and includes a brief explanation of why they are irrelevant or inapplicable. With the concurrence of the plan board, some items to be included in the development plan report may be combined with others or shown on the development plan map, provided no confusion or ambiguity thereby results.

(f)

Additional items. Additional items may be required by the plan board, either for informational purposes or to be included in the development plan map or report. Such items may include, but are not limited to:

(1)

An off-street parking and loading plan;

(2)

Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of the proposed circulation pattern;

(3)

Drawings indicating the general architectural theme or appearance and representative building types.

(Ord. 01-317, passed 3-20-01)

In considering a proposed development plan for approval, the plan board and the city council shall evaluate the proposal in consideration of the following criteria:

(1)

Conformance with Keystone Heights Comprehensive Plan. No development plan may be approved unless it is in accord with the city's comprehensive plan.

(2)

Internal compatibility. All land uses proposed within a planned development must be compatible with other proposed uses; that is, no use may have any undue adverse impact on any neighboring use. An evaluation of the internal compatibility by a planned development shall be based on the following factors:

a.

The streetscape;

b.

The existence or absence of, and the location of, open spaces, plazas, recreational areas and common areas;

c.

The use of existing and proposed landscaping;

d.

The treatment of pedestrian ways;

e.

Focal points and vistas;

f.

The use of the topography, physical environment and other natural features;

g.

Traffic and pedestrian circulation pattern;

h.

The use and variety of building setback lines, separations and buffering;

i.

The use and variety of building groupings;

j.

The use and variety of building sizes and architectural styles;

k.

The use and variety of materials;

(12)

The separation and buffering of parking areas and sections of parking areas;

(13)

The variety and design of dwelling types;

(14)

The particular land uses proposed and the conditions and limitations thereon;

(15)

The form of ownership proposed for various uses; and

(16)

Any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of any proposed use within the planned development.

(c)

External compatibility. All land uses proposed within a planned development must be compatible with existing and planned uses of properties surrounding the planned development; that is, no internal use may have any avoidable or undue adverse impact on any existing or planned surrounding use, nor shall any internal use be subject to undue adverse impact from existing or planned surrounding uses. An evaluation of the external compatibility of a planned development shall be based on the following factors:

(1)

All of those factors listed in subsection (b) above, with particular attention to those areas of the planned development located on or near its perimeter;

(2)

The particular uses proposed near the planned development perimeter and the conditions and limitations thereon;

(3)

The type, number and location of surrounding external uses;

(4)

The comprehensive plan designation and zoning on surrounding lands; and

(5)

Any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of lands surrounding the planned development and any existing or planned use of such lands.

(d)

Intensity of development. The residential density and intensity of use of a planned development shall be compatible with (that is, shall have no undue adverse impact upon) the physical and environmental characteristics of the site and surrounding lands, and the density and intensity shall comply with the policies and density limitations set forth in the Keystone Heights Comprehensive Plan. Within the maximum limitation of the comprehensive plan, the permitted residential density and intensity of use in a planned development may be adjusted upward or downward in consideration of the following factors:

(1)

The locations of various proposed uses within the planned development and the degree of compatibility of such uses with each other and with surrounding uses;

(2)

The amount and type of protection provided for the safety, habitability and privacy of land uses both internal and external to the planned development;

(3)

The existing residential density and intensity of use of surrounding lands;

(4)

The availability and location of utilities services and public facilities and services;

(5)

The amount and size of open spaces, plazas, common areas and recreation areas;

(6)

The use of energy-saving techniques and devices, including sun and wind orientation;

(7)

The existence and treatment of any environmental hazards to the planned development property or surrounding lands;

(8)

The access to and suitability of transportation arteries proposed within the planned development and existing external transportation systems and arteries; and

(9)

Any other factor deemed relevant to the limitation of the intensity of development for the benefit of the public health, welfare and safety.

(e)

Usable open spaces, plazas, recreation areas. Usable open spaces, plazas and recreation areas provided within a planned development shall be evaluated based on conformance with the policies of the Micanopy Comprehensive Plan and the sufficiency of such areas to provide appropriate recreational opportunities, protect sensitive environmental areas, conserve areas of unique beauty or historical significance, provide structure to neighborhood design, and encourage compatible and cooperative relationships between adjoining land uses.

(f)

Environmental constraints. The site of the planned development shall be suitable for use in the manner proposed without hazards to persons either on or off the site from the likelihood of increased flooding, erosion, or other dangers, annoyances or inconveniences. Condition of soil, flood elevation, ground water level, drainage and topography shall all be appropriate to the type, pattern and intensity of development intended.

(g)

External transportation access. A planned development shall be located on, and provide access to, a major street (arterial or collector) unless, due to the size of the planned development and the type of uses proposed, it will not adversely affect the type or amount of traffic on adjoining minor streets.

(h)

Internal transportation access. Every dwelling unit or other use permitted in a planned development shall have access to a paved public street either directly or by way of a private street, pedestrian way, court, or other area which is either dedicated to public use or is a common area guaranteeing access. Permitted uses are not required to front on a dedicated public street. Private streets and other access ways shall be required to be constructed so as to ensure that they are safe and maintainable and that they allow for sufficient privacy for permitted uses.

(i)

Off-street parking. Sufficient off-street parking, for cars and other vehicles shall be provided. Parking areas shall be constructed in accordance with such standards as are approved by the city council to ensure that they are safe and maintainable and that they allow for sufficient privacy for adjoining uses.

(j)

Sidewalks, trails and bikeways. The design of a planned development should incorporate appropriate pedestrian and bicycle access ways so as to provide for a variety of movement opportunities when feasible.

(k)

Public facilities. No development plan shall be approved, depending on density of development, unless adequate public facilities, including but not limited to storm drainage, sanitary sewers, water distribution system, and recreational facilities, which shall serve the proposed project, are either in place or imminent or proposed to be constructed by the applicant, whether or not such facilities are physically located within the site boundaries of the planned development.

(l)

Unified control. All land induced in any planned development shall be under the complete, unified, legal, otherwise encumbered control of the applicant, whether the applicant be an individual, partnership, corporation, other entity, group or agency. The applicant shall furnish Micanopy sufficient evidence to the satisfaction of the city attorney that the applicant is in the complete, legal, and unified control of the entire area of the proposed planned development or has permission from all legal and equitable owners. The applicant shall provide the city, for approval by the city attorney, all agreements, contracts, deed restrictions, guarantees and other necessary documents and information that may be required by the city attorney to assure the city that the development project may be lawfully completed according to the plans sought to be approved by the plan board. No application shall be considered by the city council unless the city attorney has certified in writing that the legal requirements of this section have been fully complied with.

(m)

Phasing. The city council may permit or require the phasing or staging of a planned development. When provisions for phasing are included in the development plan, each phase of development must be so planned and so related to previous development, surrounding properties, and the available public facilities and services that a failure to proceed with subsequent phases of development will have no adverse impact on the planned development or surrounding properties.

(n)

Development time limits. The city council may establish reasonable periods of time for the completion of any dedicated public facilities within a planned development, facilities planned for common areas, and the total planned development. If phasing is provided for, time limits for the completion of each phase of the development shall also be established. Any such time limit may be extended by the city council for reasonable periods upon the petition of an applicant for an amendment to the development plan and based upon good cause, as determined by the city council, provided that any such extension of time shall not automatically extend the normal expiration date of a building permit, site plan approval, or other development order. If time limits contained in the approved development plan are not complied with and not extended for good cause, the city council may rezone the property or any part of it or amend the approved development plan so as to best protect adjoining properties and the public health, welfare and safety.

(o)

Bonds. In addition to the usual requirements for bonds for subdivision improvements, the city council may also include, in the development plan, requirements for bonds conditioned upon the satisfactory and timely completion of facilities planned for common areas, for the benefit of purchasers from the applicant.

(p)

Other ordinances. All building code, housing code, and other land use regulations of this Code are applicable to a planned development, except for those permitting special permits and variances and except to the extent that they conflict with a specific provision of the approved development plan. Unless otherwise provided in the approved development plan, all land use regulations which apply in relation to a zoning district category, including the regulation of street graphics shall apply to areas of a planned development. All such land use regulations shall apply in other areas of a planned development in the manner determined by the city council as part of the approved development plan or, if not determined therein, by the plan board during the site plan approval process, giving due regard to the purpose of each such regulation and the similarity of each area of the planned development to other zoning districts, in terms of permitted uses.

(Ord. 01-317, passed 3-20-01)

(a)

Except as noted in subsections (b) and (c) below, an amendment to an approved development plan (except for an extension of a time limit) may be accomplished only by a rezoning petition accompanied by a new proposed development plan. All appropriate maps, plans and reports submitted with the approved development plan may be resubmitted with the rezoning petition, along with sufficient new maps , plans, and reports to clearly and thoroughly indicate the proposed changes, as the new proposed development plan.

(b)

Amendments to the development plan of an approved planned development of the following types may be authorized by the city council after plan board review during any required site plan review, provided such amendments meet the criteria set forth elsewhere in the Land Development Code:

(1)

Minor adjustments or shifts in the location and siting of buildings, structures, parking bays and parking spaces;

(2)

Changes in the overall density or intensity of structural ground coverage of the development;

(3)

Changes in the location and types of landscape materials;

(4)

Changes in the walkway and bikeway systems;

(5)

The addition of accessory structures or utility buildings exceeding 288 square feet;

(6)

The addition of more than five new parking spaces; and

(7)

Any expansion of gross floor area or enlargement of the building envelope which does not require the addition of required parking spaces.

(c)

Amendments to the development plan of an approved planned development of the following types may be authorized by the plan board during any required site plan review, provided such amendments meet the criteria set forth elsewhere in this Code:

(1)

Minor adjustments or shifts in the location and siting of buildings, structures, dumpsters, parking bays and parking spaces (not to exceed ten feet), provided, any dumpster is not located closer to any single-family or multiple-family dwelling;

(2)

Changes in the location of utility tie-ins and dumpsters;

(3)

Changes in the location of landscape materials (not to exceed ten feet), excluding changes in the location of buffers, and changes in the types of landscape materials;

(4)

Minor shifts in the walkway and bikeway systems, where necessitated by other elements of site design (not to exceed ten feet);

(5)

The addition of screened porches, decks, patios, and other unheated and uncooled areas, not including garages, and not exceeding 150 square feet in size;

(6)

Any expansion of gross floor area or enlargement of building envelope, which does not exceed 100 square feet, does not add an additional room or rooms and which does not require the addition of required parking spaces; and

(7)

Reductions in the intensity of structural ground coverage of the development which does not exceed ten percent of the total ground coverage;

(8)

The addition of accessory structures or utility buildings which are 288 square feet or less.

(Ord. 01-317, passed 3-20-01)

The rezoning of property, by amendatory ordinance, to a planned unit development district based on a particular development plan shall operate the same as any other rezoning to prohibit the consideration by the plan board and city council of any new petition for rezoning for any part of such property, excluding an application to amend the approved development plan, for a period of 12 months from the date of the amendatory action. Neither the denial of a petition to rezone to planned development, nor the withdrawal of a petition to rezone to planned development, shall operate to deny the applicant consideration of a new rezoning petition at any time, except that no new petition to rezone to planned development may be considered by the plan board and the city council within a period of 12 months from the date of such denial or withdrawal. The denial of a petition to rezone to a category other than planned development shall not act to prohibit the filing of a petition for planned development zoning at any time. (Ord. 01-317, passed 3-20-01)