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Page 3 <br />4. ANALYSIS: <br />A. Level of Discretion in Decision Making <br />The City has discretion in approving or denying rezoning applications, based on whether or not <br />the proposal meets the standards outlined in the Zoning Ordinance. If the City finds that all the <br />applicable standards are met, the rezoning application must be approved. However, if the City <br />finds that any of the applicable standards are not met, the application may be denied. <br />The City has relatively high level of discretion in approving a PUD. A PUD must be consistent <br />with the City's comprehensive plan. The City may impose reasonable requirements in a PUD not <br />otherwise required if the City deems it necessary to promote the general health, safety, and <br />welfare of the community. <br />The City's discretion in approving or denying a preliminary plat is limited to whether or not the <br />proposed plat meets the standards outlined in the subdivision regulations in the City Code. If it <br />meets these standards, the City must approve the preliminary plat. <br />B. Consistency with Ordinance Standards <br />Rezoning/Planned Unit Development <br />The use of the PUD zoning allows the developer zoning ordinance flexibility to create a master <br />planned development. The PUD zoning is tied to a specific PUD general plan that is proposed <br />with this application. <br />Fenway Land Company, is requesting an approval of a PUD for the Rice Lake Reserve <br />development. PUD's offer enhanced flexibility to develop a site through the relaxation of zoning <br />district standards. The use of the PUD zoning also allows for a greater variety of uses, internal <br />transfers of density, construction phasing and a potential for lower development costs. In <br />exchange for this enhanced flexibility, the city has the expectation that the development plan will <br />result in a significantly higher quality and more sensitive proposal than would have been the case <br />with the use of other, more standard zoning districts. <br />In order to approve a PUD, the City must find that the applicant has demonstrated compliance <br />with the following criteria: <br />1. Provide for the establishment of PUD zoning districts in appropriate setting and <br />situations, to create and maintain a development pattern that complies with the City's <br />Comprehensive Plan. <br />2. Allow for the mixing of land uses within a development when such mixing of land <br />uses could not otherwise be accomplished. <br />