1268.07   PLANNING COMMISSION REVIEW OF SITE PLAN AND REQUEST FOR REZONING.
   (a)   Following receipt of a completed PUD application, the Planning Commission shall schedule a public hearing on the request for PUD approval, including a review of the PUD site plan and consideration of the petition for PUD rezoning.  Notice of the public hearing shall be given in the same manner as required by this Zoning Code for public hearings on special land uses.
   (b)   At the public hearing or within a reasonable time following the public hearing, the Planning Commission shall take the following actions:
      (1)   The Planning Commission shall approve, approve with conditions, or deny the request to approve the PUD site plan.  The Planning Commission shall prepare a report stating its conclusions on the request to approve the site plan, the basis for its decision, and any conditions relating to an affirmative decision.
      (2)   The Planning Commission shall also review and make a recommendation to the City Council on the proposed rezoning of the property to a PUD District in accordance with the standards for approval for rezoning requests as provided by this Zoning Code.
      (3)   The Planning Commission's report and recommendation to the City Council, as required above, shall include its determination as to whether the PUD project as described by the site plan meets the standards provided herein.
   (c)   A PUD site plan shall not be approved by the Planning Commission unless the Commission finds that the PUD project, as proposed, will meet each of the following conditions and requirements as applicable to the project in question:
      (1)   The proposed development conforms to the intent and to all applicable requirements and standards of this chapter and complies with all other applicable local, State, or Federal laws and regulations.
      (2)   The proposed development conforms to the City's master plan.
      (3)   The overall density of the PUD does not exceed that which would be allowed under the applicable minimum density limitations for single-family dwelling units, two-family dwelling units, multiple-family dwelling units, and any permitted nonresidential uses as applied to the actual number of each of those types of units and uses included within the PUD.
      (4)   The project is designed to enhance environmental features, such as the preservation of trees, floodplains, and natural areas, and promotes proper site landscaping.
      (5)   The proposed development will be adequately served by public facilities and services, such as highways, streets, police and fire protection, drainage courses, water and sanitary sewer facilities, and refuse disposal; or the persons or agencies responsible for the proposed development shall be able to provide, in a manner acceptable to the Planning Commission, any such facilities and services.
      (6)   The common open space, any other common properties, individual properties, and all other elements of the PUD are so planned that they will achieve a unified open and recreational area system with open space and all other elements in appropriate locations, suitably related to each other, the site, and the surrounding land.
      (7)   The applicant has made provision, satisfactory to the Planning Commission, to assure that open space areas and rights-of-way shown on the site plan for use by the public or by residents of the development will be or have been irrevocably committed for that purpose.  The applicant has also made provision, satisfactory to the Planning Commission, for the financing of any improvement shown on the plan for open space area and common use areas that are to be included within the development; and maintenance of such improvements is assured by a means satisfactory to the Planning Commission.
      (8)   The location of the proposed uses, the layout of the site, and its relation to streets giving access to it is such that traffic to, from, and within the site and assembly of persons in connection therewith will not be hazardous or inconvenient to the project or the surrounding area.  In applying this standard, the Planning Commission shall consider, among other things, convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed project to main thoroughfares and street intersections; and the general character and intensity of the existing and potential development of the surrounding area.  Where open parking areas or roadways are to be located immediately adjacent to any peripheral boundary, a separation or buffer of a type sufficient to ensure the privacy of the adjacent property shall be provided.
      (9)   The mix of housing unit types and densities and the mix of residential and nonresidential uses, if any, is acceptable in terms of convenience, privacy, compatibility, and similar measures.
      (10)   Noise, odor, light, or other external effect from any source whatsoever that is connected with the proposed use will not adversely affect adjacent and neighboring lands or uses.
      (11)   Streets follow the topography, are properly spaced, and are located and aligned in accordance with the intended function of each street.  The property has adequate access to public streets.  The plans provide for logical extensions of public streets and provide suitable street connections to adjacent parcels, where applicable.
      (12)   Adequate access for fire and other emergency vehicles shall be provided on the site.
      (13)   Pedestrian circulation is provided for within the site, as appropriate, and interconnects all residential areas, community areas, and commercial and other services, where applicable.  The pedestrian system provides a logical extension of the pedestrian ways from outside the site and provides pedestrian connections to the edges of the site, where appropriate.
      (14)   If a project is proposed for construction in phases, the planning and designing are such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities, and open space and shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the PUD and the residents of the surrounding area.
   (d)   Reasonable conditions may be required by the Planning Commission, in conjunction with the approval of a PUD site plan, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased services and facility loads caused by the land use or activity; protecting the natural environment and conserving natural resources and energy; ensuring compatibility with adjacent uses of land; and promoting the use of land in a socially and economically desirable manner.  Conditions imposed shall be designed to protect natural resources and the public health, safety, and welfare of individuals in the project those immediately adjacent and the community, as a whole.  The conditions shall be necessary to meet the intent and purpose of this chapter and shall be related to the objective of ensuring compliance with the standards of this chapter.  All conditions imposed shall be made a part of the record of the approved PUD site plan.
(Ord. 52.  Passed 6-16-97.)