(1)

The purpose of the planned development district is to provide a means of achieving greater flexibility in development of land in a manner not always possible in conventional zoning districts; to encourage a more creative and innovative design of land development; and to promote a more desirable community environment.

(2)

The board of aldermen may, by an ordinance adopted in the same manner as a rezoning is approved, authorize a planned development district when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the regulations of traditional zoning districts. The board of aldermen may, upon proper application, approve a planned development to facilitate the use of flexible techniques of land development and site design, by providing relief from traditional zoning standards in order to achieve one or more of the following objectives:

(a)

Promote site planning that better adapts to site conditions and surrounding properties that would not otherwise be possible or would be inhibited under the district regulations applicable to the property;

(b)

Diversification in the uses permitted and variation in the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects;

(c)

Provide a means to evaluate and accommodate larger developments with unique characteristics and complexities that would not be entirely addressed in the district regulations applicable to the property;

(d)

Promote the creation and beneficial uses of open space areas;

(e)

Promote the preservation of natural features of a development site;

(f)

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program;

(g)

Ensure that development occurs in a manner that is rational and economical in relation to public utilities and services; or

(h)

Ensure efficient and effective traffic circulation, both within and adjacent to the development site.

A mapped District. The Planned Development district designation is not intended to be attached to a parcel of land as an overlay to the zoning district applicable to such parcel of land. The Planned Development district designation, as provided for in this article, is a separate use district and may be attached to a parcel of land through the rezoning amendment process.

The minimum site size for any Planned Development Districts shall be 160 acres, unless certain unique characteristics exist such as, but not limited to, significant topographic change, significant trees or woods areas, wetlands, floodplains, or poor soil conditions on portions of the property; watercourses or utility easements crossing the parcel; unique shape or proportions; in isolation from other undeveloped or developable lands. In such cases, the applicant shall submit requests to the commission to reduce the minimum tract size requirement. The commission shall consider the request and act thereon, record said actions in the minutes of the meeting, and inform the applicant of the action in writing. The requests for waiver and the commission's actions shall be made prior to the submittal of any other applications required within this district's requirements.

(1)

General standards. No Planned Development District shall be allowed which would result in:

(a)

Inadequate or unsafe vehicular access to the development;

(b)

An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development;

(c)

Substantial detriment to the surrounding area; or

(d)

Otherwise create substantial adverse impacts on the public health, safety and welfare.

(2)

It shall be the responsibility of the applicant to clearly establish that the above are avoided or mitigated to a level that is acceptable to the City.

(3)

Other codes. All requirements of other applicable ordinances of the city (e.g., building codes) shall be met.

(1)

Prior to petitioning for a rezoning to the planned development district, the prospective applicant shall schedule a pre-application meeting with the city administrator. The city administrator may request that other city representatives attend this meeting. At this meeting, the prospective applicant shall provide general information on the proposed development, including site location, existing site conditions, and a sketch plan of the proposed planned development. The city administrator shall report to the applicant the staff's evaluation of the sketch plan with respect to its compliance with the intent of the planned development regulations.

(2)

The pre-application meeting is a required, but informal, procedure intended to benefit the prospective applicant by allowing for an exchange of ideas and information, and to provide an opportunity to review the requirements of the planned development district regulations with the prospective applicant.

(3)

It is contemplated that no approval of a development plan shall be valid longer than five years from the date of its initial approval unless within such period of time, a building permit is obtained and construction of a development foundation is commenced.

(4)

The board of aldermen may grant an additional two year extension upon written request if the application submitted is substantially the same as the initially approved application. The decision shall be made by the board of aldermen.