A. Required Submissions By Applicant: Following commission recommendation and prior to notice of public hearing before the council, the applicant shall submit the following:
1. All the information included as part of the preliminary development plan for the PUD, as recommended by the commission.
2. Deed restrictions, protective covenants and other legal documents or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained.
B. Public Hearing; Decision: The council shall hold a public hearing noticed according to the procedure set forth in subsection 17.10.050.03A of this chapter. After hearing and review of the application, all supporting documentation and plans, and the recommendation of the commission, the council shall approve, conditionally approve or deny the application.
C. Standards Of Evaluation:
1. The proposed development can be completed within one year of the date of approval or phased according to a development schedule as submitted in accordance with section 17.10.040.05 of this chapter and approved by the city; and
2. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic; and
3. The PUD will not create excessive additional requirements at public cost for public facilities and services; and
4. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed; and
5. The development plan incorporates the site's significant natural features; and
6. Each phase of such development shall contain all the necessary elements and improvements to exist independently from proposed future phases in a stable manner; and
7. One or more amenities as set forth in subsection 17.10.030I of this chapter shall be provided to ensure a public benefit; and
8. All exterior lighting shall comply with the standards set forth in chapter 17.08, article C of this title; and
9. The proposed PUD agreement is acceptable to the applicant and the city.
D. Conditions Of Approval: The council may attach conditions to a PUD as it deems necessary to mitigate potential adverse impacts to the city's infrastructure, further the city's land use policies as established in the comprehensive plan, or ensure that the benefits derived from the development justify a departure from the standard zoning regulations. Such conditions may include, but are not limited to, those which will:
1. Minimize adverse impact on surrounding properties, developments, or public services, facilities or utilities.
2. Describe the sequence and time of development.
3. Describe the duration of development.
4. Assure that development is maintained properly.
5. Require the provision for on site or off site public improvements, facilities or services when the proposed development is found to create a significant adverse impact on off site public streets, facilities, utilities or services, including, but not limited to, bridges, intersections, roads, traffic control devices, water mains, sewer mains, fire equipment, transit systems and recreational facilities.
6. Require methods or manner of construction to minimize impact on adjacent properties or to prevent erosion or runoff and similar environmental impacts.
7. Require dedications of land for streets, parks, transit or similar uses.
8. Require additional plans or engineering revision for any aspect of the development plan.
9. Require provision of adequate community housing.
10. Require written agreements executed by the developer to secure performance of any requirement or condition to be imposed as part of the approval, including, but not limited to, development, services or annexation agreements.
11. Require submission of a revised development plan to incorporate changes made therein during the review process.
12. Require recordation of documents with the Blaine County recorder, including, but not limited to, declarations of covenants and restrictions, PUD agreement, deed restrictions, easements, restrictive covenants, construction management agreements and similar documents establishing and guaranteeing the creation, operation and maintenance of the project, including, but not limited to, provisions that such documents may not be amended without the prior written consent of the council.
13. Require that utility lines be placed underground. (Ord. 1191, 2015)