§ 165.240 INTENT.
   (A)   Generally. The Planned Development (PD) District is intended to provide flexible development standards in order for the development to result in a significantly better design than what would have been the result under the zoning regulations. The first priority for the city is to make sure the development exceeds the quality that would have resulted from traditional application of the zoning ordinance. The second priority is to confirm that a PD District is necessary due to any of the following:
      (1)   A development with complex mixes of land uses, or mixes of land uses within buildings;
      (2)   A development on a unique geological feature, or on a site with a notable quality natural features, or on a site with a notable quantity of natural features; and
      (3)   A development with a notably unique or innovative design.
   (B)   Plan Commission.
      (1)   Any parcel that meets the prerequisites specified herein may be considered for a PD District.
      (2)   The necessity for variances shall not by itself justify a developers pursuit of a PD District.
      (3)   The base zoning district and the city’s Comprehensive Plan shall be used to determine the appropriateness of the dominant land use in the PD District.
      (4)   The proposed development shall be a clear benefit to the community.
   (C)   Common Council.
      (1)   Under no circumstance is the Common Council required to rezone a property as a PD District;
      (2)   Rezone a property to a PD District only after the Plan Commission provides a favorable recommendation;
      (3)   Require commitments that will improve the quality of the development;
      (4)   Restrict particular land uses that would not be appropriate for the district; and
      (5)   Assure the development is consistent with the city’s Comprehensive Plan.
(Ord. 10-2010, passed - -2010, § 4.01A)