The Council may, upon application for rezoning, establish special zoning districts, with regulations in each, which will over a period of time tend to promote the maximum benefit from coordinated site planning, diversified location of structures, and mixed compatible uses. Such regulations shall provide for a safe and efficient system for pedestrian and vehicular traffic, attractive recreation, and landscaped open spaces, economic design, and location of public and private utilities and community facilities, and insure adequate standards for construction and planning. Such regulations may also provide for the development of the land in such districts with one or more principal structures and related accessory uses, and in such districts the regulations need not be uniform. This district is established to permit greater incentives and flexibility for promoting creative and imaginative design for the development of residential neighborhoods and of special areas having mixed use potential. This district can be used to provide cluster residential development with commonly owned and managed open space and recreational areas and to allow integration of compatible non-residential land uses in a controlled manner which would not be subject to repeated governmental reviews and approvals such as rezonings, plat submission, or spot zoning requests. It is further intended to promote more economical and efficient use of land while providing a harmonious variety and mixture of housing choices, shopping and employment activities, recreation and natural areas, utility and circulation systems and building styles. This district is also intended to preserve to the greatest extent possible natural and valuable landscape features and to allow variability in the yard, area, height, and street setback requirements for the purpose of accomplishing other extensions of this district. This district is also intended to be a management tool for the City and for private developers to be applied as a floating zone to stimulate and regulate land uses having special development characteristics, all in accordance with the City’s Comprehensive Plan.

   1.   Permitted Uses: Any permitted use of the C, R-1, R-2, R-3, R-4, B-2, and M-1 Districts.

   2.   PDD Zoning Procedures. A PDD rezoning application shall be accompanied by a Preliminary Sketch Plan which shall be reviewed by the Commission and Council prior to action on the rezoning application.

      A.   Preliminary Conference. After the PDD rezoning application and Preliminary Sketch Plan have been submitted there shall be an informal preliminary conference between the applicant and the Zoning Administrator, the City planning staff or planning consultants, the Mayor, and any others judged necessary by the Mayor. The purpose of this conference shall be to establish a mutual understanding of the proposal between the City and the applicant, to resolve any initial problems and expedite the Council’s decision on the application.

      B.   Preliminary Approval. The PDD rezoning application shall be scheduled for Commission preliminary conference. Commission’s review shall be based upon the Preliminary Sketch Plan and such other information that is presented. The Commission shall make a preliminary recommendation to approve, approve conditionally, or reject said application with such preliminary recommendation being forwarded to the Council for preliminary approval or rejection.

      C.   Final Approval. The PDD rezoning application and Final Development Plan, which is based upon the approved Preliminary Sketch Plan, may be submitted to the Commission and Council after receiving preliminary approval. The application and Final Development Plan shall be recommended for approval or rejection by the Commission with such recommendation presented to the Council. If the Council approves the application and Final Development Plan the land included within the plan shall be rezoned, by ordinance, to the PDD District and the plan shall be recorded in the County Recorder’s office within 60 days of such approval. Three copies of the Final Development Plan shall be filed in the Clerk’s office before any zoning permit shall be issued or before any public improvement in said PDD Development shall be built or accepted by the City.

   3.   Preliminary Sketch Plan. This plan shall show the following elements: building locations and sizes, designated land uses, areas, open space, public lands, streets, utility locations and easements, parking areas, visual screening, surface drainage features, lot layout for any proposed subdivision of lands for conveyance to others, and any other physical features required by the Commission after initial review. Additional information which shall accompany this plan includes: estimated development number housing units and type of housing, and whether or not there will be a homeowner’s association or similar group of property owners to be responsible for ownership, maintenance, etc. of common lands. Two copies of all maps, photographs, charts, and other required information shall be submitted to the Clerk.

   4.   Except for changes and modifications approved in the manner set forth in Subsection 12 of this section, the PDD applicant shall develop the property included within the PDD in accordance with the terms of the Final Development Plan and any conditions attached thereto by the Council. Any substantial variation from any part of the recorded Final Development Plan shall void any related zoning permit and shall disqualify any such development or part thereof from receiving a Certificate of Compliance.

   5.   The Final Development Plan shall be binding on the PDD applicant’s successors in interest with respect to any of the real estate included in the PDD.

   6.   There shall be no minimum yard or height requirements in a PDD District except that minimum yards, as specified in the R-4 District, shall be provided around the boundaries of the PDD District.

   7.   Uses along the project boundary lines that are less restrictive than R-4 District permitted uses shall not be in conflict with those allowed in adjoining or opposite property. To this end the Council may require, in the absence of any appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project.

   8.   In their review of the plan, the Commission and Council may consider any deed restrictions or covenants entered into or contracted for by the developer concerning the use of common land or permanent open space. “Common land” shall refer to land dedicated to public use and to land retained in private ownership but intended for the use of the residents of the development unit or the general public.

   9.   No permit for any permitted commercial building shall be issued until at least 25 percent of the PDD District in question is developed for residential uses.

   10.   Land Use and Density Standards:

      A.   No more than 15 percent of the total area of a PDD District may be used for commercial uses.

      B.   No more than 10 percent of the total area of a PDD may be used for manufacturing uses.

      C.   The overall dwelling unit density in any designated one- and two-family areas in a PDD shall not be greater than is allowed for in the R-3 District.

      D.   Overall density requirements in any designated multiple-family area of a PDD District shall not be greater than allowed in the R-4 District.

      E.   Density requirements shall be computed on the basis of the total area of residential uses as designated on the Final Development Plan using private streets and drives, common open space, park areas, recreation areas, off-street parking areas, as well as building site areas.

   11.   Size of PDD District: The minimum size of a PDD District shall be five acres.

   12.   Changes and Modifications. No change or modification of the plan of any PDD District as to land use, density, public facilities, or size shall be permitted except by the procedure provided for amendments to this chapter. Other changes or modifications, such as location of buildings, parking lots, and common areas, except streets, may be made upon application to and approval of the Commission.

   13.   Exceptions. A PDD zoning approval shall be valid for a period not to exceed two years before development is commenced within the district. Application may be made by the applicant originally granted the PDD zoning for an extension not to exceed one additional year. Application shall not be made for more than one such extension. If no development is begun at the end of three years from the zoning approval the lands shall revert to the previous zoning districts.