1.

Applicability. A PUD may be used to permit new or innovative concepts in land utilization, master-planned communities or mixed used developments that other zoning districts do not easily accommodate. A PUD also provides site-specific compatibility standards. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established to ensure against misuse of increased flexibility. PUDs are appropriate in areas where the zoning plan reflects either the specific uses in the PUD or where the zoning plan reflects mixed use as a land use category.

2.

Procedure.

[a.]

Initiation of a PUD. A PUD application shall consist of a request for original zoning or a zoning change and a development plan.

[b.]

Preapplication conference. The purpose of the mandatory preapplication review is to afford the applicant an opportunity to avail himself of the advice and assistance of the city staff before submitting the PUD application.

[c.]

Review and recommendation by development review committee. The DRC, comprised of public works director, city administrator (or city secretary) and police chief, shall review the original zoning or zoning change and the development plan application and forward its recommendation to approve, approve with modifications or conditions, or disapprove the application to the city council.

[d.]

Review and action by city council. If the PUD zoning application is favorably reviewed by the DRC, it shall be sent forward with a recommendation for approval under the condition that the development plan with all related information shall be presented to the city council. Otherwise, it shall be forwarded with an unfavorable recommendation.

The chapter granting a PUD district shall include a statement as to the purpose and intent of the planned development granted therein. All specific conditions of approval that are imposed by the city council shall be listed in the PUD chapter and development plans shall be referenced as attachments.

3.

Development plan requirements. The development requirements for each separate PUD district shall be included as a part of the development plan for each PUD district and shall include, but may not be limited to, uses, density, lot area, lot width, dot depth, yard depths and widths, building height, building elevations, parking, access, streets and circulation, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the city council may deem appropriate.

4.

Development plan approval criteria. The form and content of the development plan shall be in sufficient detail to enable the city council to evaluate the proposal and ascertain that it meets the following:

[a.]

The proposal will constitute an environment of sustained stability and shall be in harmony with the character of the surrounding area.

[b.]

The proposal is in conformity with the policies, goals and objectives of the zoning plan, including all its elements and shall be consistent with the intent and purpose of this section.

[c.]

The proposal ensures the provision of adequate public improvements, including, but not limited to, transportation, drainage, parks, and other public facilities.

[d.]

The proposal ensures minimal development related off-site impacts.

5.

Minimum requirements. Unless otherwise specified in the approved development plan, the minimum requirements for each development shall be those stated in this ordinance and shall be the requirements of the most restrictive standard zoning district in which the designated uses are permitted. Meritorious modification of these standards may be considered.

6.

Density requirements. Overall density in any planned unit development shall generally equal that shown in the zoning plan for the particular location. Lower density may be required to ensure compatibility with surrounding existing neighborhood densities. Higher densities may be approved at the discretion of the city council.

7.

Compliance with applicable city ordinances. The granting of a PUD designation shall not relieve the developer from responsibility for complying with all other application sections of this ordinance and other codes and chapters of the city unless such relief is specified in the approved development plans.

8.

Minor amendment to development plan. All changes of use from those approved in the original PUD shall require city council approval. Minor additions and modifications to the approved development plans meeting the criteria below may be approved by the public works director:

[a.]

Minor additions to structures, with a floor area no larger than ten percent of the existing floor area of the main floor, but not to exceed 5,000 square feet, provided that the overall density of the project does not increase.

[b.]

Minor new accessory structures if the location does not interfere with existing site layout (e.g., circulation, parking, loading, stormwater management facilities, open space, landscaping or buffering).

[c.]

Minor additions to parking lots comprising no more than ten percent of the original number of parking spaces required, not to exceed 25 spaces.

[d.]

Clearing or grading that does not exceed 5,000 square feet in area or ten percent of the site.

9.

Development plan is a subdivision concept plan. Approval of a development plan shall also constitute approval of a concept plan for subdivision purposes.