(A) At least ten days prior to a noticed public hearing held according to the procedure set forth in § 154.106, the applicant shall submit a final development plan containing the following:
(1) Name and address of the property owner or person having a presently existing interest in the property for which the PUD is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for the final development plan;
(2) All the information included as part of the preliminary development plan as approved by the Commission; and
(3) Deed restrictions, protective covenants, and other legal statements 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) The City Council shall, after hearing and review of the application and all supporting documentation, plans, and the like, either approve the plan or disapprove the plan or approve with supplementary conditions that relate directly to the following findings of fact. These findings are required in order to approve the modification or waiver of any standard zoning regulation. If approved, shall find that the facts submitted with the application and presented to them establish that:
(1) The proposed development can be completed within one year of the date of approval or phased according to a development schedule as described in § 154.105;
(2) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic;
(3) The PUD will not create excessive additional requirements at public cost for public facilities and services;
(4) The PUD is in general conformance with the Comprehensive Plan;
(5) The existing and proposed utility services are adequate for the population densities and non-residential uses proposed;
(6) The development plan incorporates the site’s significant natural features;
(7) 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
(8) Adequate and common useable open space shall be provided.
(Ord. 56, passed 11-1-1999)