PUDs shall be considered an optional means of development and thus shall only be permitted when mutually agreeable to the developer, the Commission, and the Council. PUDs shall be in compliance with the following:
(a) Site Conditions. The proposed PUD site shall be in compliance with the following conditions:
(i) Area. The proposed development site shall be at least 10 acres in area, except where the Council, upon recommendation from the Commission, may permit a PUD on a smaller site that offers unique benefits for the City, or where the site has unique characteristics that significantly impact development, such as an unusual shape or proportion, unusual topography, or potentially incompatible land uses on surrounding properties.
(ii) Ownership. The site shall be under a single ownership or control, and able to be planned and developed as an integrated unit.
(iii) Location. PUD sites shall be limited to locations that have one or more of the following characteristics:
(1) Sites determined to be appropriate for redevelopment, including sites with buildings that are functionally obsolete, and sites where achieving economically sound development under a conventional zoning approach would be extremely difficult.
(2) Sites where flexibility is necessary because of site constraints, including but not limited to incompatible adjoining land uses, traffic conditions that affect ease of access or irregular parcel boundaries.
(3) Sites where the flexibility of the PUD regulations is necessary to achieve a reasonable and desirable transition between land uses, without affecting the overall City land use pattern, intensity of development or objectives of the Comprehensive Land Use Plan or any sub-area or corridor plans.
(4) Sites where the large scale of a proposed development justifies permitting certain incidental uses not normally permitted in the zoning district.
(5) Sites where the public health, safety and welfare is better served through creation of a planned development, because of the density of population, adequacy of schools, parks, or other public facilities, traffic volumes or circulation, neighborhood compatibility, adequate provision of light or air, or accessibility for fire and police protection.
(6) Sites where the proposed development is compatible with the objectives of the Comprehensive Land Use Plan or any sub-area or corridor plans.
(b) Uses. The proposed PUD may contain any use or a combination of uses listed in this Ordinance, provided that all proposed uses satisfy the following criteria:
(i) Compatible with the Comprehensive Land Use Plan. Proposed uses shall be consistent or compatible with the types and intensities of uses specified for the site in this Ordinance, the Comprehensive Land Use Plan or any sub-area or corridor plans.
(ii) Harmonious Relationship. There shall be a reasonably harmonious relationship between the location of buildings and uses on the site relative to buildings and uses on lands in the surrounding area.
(iii) Combination of Residential and Non-residential Uses. Residential and non- residential uses may be permitted together in a PUD, provided that such uses are carefully integrated in a manner that creates a high quality living environment, and are consistent with good site design and sound planning principles. Where the Comprehensive Land Use Plan designation is residential, non-residential uses shall be primarily for the use of the residents of the development, and shall be limited to three percent of the gross area of the residential land and three percent of the gross floor area of any building occupied by residential uses.
(c) Other Conditions. The proposed PUD shall not:
(i) Be used for the sole purpose of increasing the density or intensity of development, or avoiding the requirements for dimensional variances.
(ii) Be used in situations where the same land use objectives can be accomplished by the application of conventional zoning provisions or standards.
(iii) Materially add public service or facility loads beyond those contemplated in the Comprehensive Land Use Plan or other adopted policies or plans, except where the applicant provides a means of securing public improvements needed to serve the development, and demonstrates to the satisfaction of the Council that such added loads will be accommodated or mitigated by the PUD.