The following provisions shall apply to all planned unit developments:
(a) A planned unit development may be applied for in any zoning district. A planned unit development application shall require a rezoning by way of an amendment to this chapter upon the recommendation of the Planning Commission and approval by City Council.
Adequate public health, safety, and welfare protection mechanisms shall be designed into the planned unit development to ensure the compatibility of varied land uses both within and outside the development for any land use or mix of land uses authorized in this chapter, which may be included in a planned unit development.
(b) A planned unit development zoning classification may only be approved in conjunction with an approved planned unit development site plan.
(c) The planned unit development shall result in a recognizable and substantial benefit to the ultimate users of the project and to the community, and shall result in a higher quality of development than could be achieved under conventional zoning.
(d) The proposed type and density of use shall not: result in an unreasonable increase in the use of public services, facilities and utilities; create a demand that exceeds the capacity of utilities; and place an unreasonable burden upon the subject site, surrounding land, property owners and occupants, or the natural environment.
(e) The proposed development shall not have an adverse impact upon the City's Comprehensive Development Plan. Notwithstanding this requirement, the City may approve a planned unit development proposal that includes uses or residential density which are not called for in the Comprehensive Development Plan, provided that the City Council, upon receiving a recommendation from the Planning Commission, determines that such a deviation from the Comprehensive Development Plan is justified in light of the current planning and development objectives of the City.
However, upon approval of a planned unit development, the Planning Commission shall initiate action where necessary to amend the Comprehensive Development Plan or Master Plan so that the future land use map designation is consistent with the approved planned development.
(f) The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.
(g) The proposed development shall preserve distinctive natural features on the site to the maximum extent feasible, such as, but not limited to: woodlands, wetlands, rolling topography, natural drainage courses, etc. Planned developments shall comply with the City's Tree Protection Ordinance.
(h) The proposed development shall either: be under single ownership or control such that there is a single person or entity having responsibility for assuring completion of the project in conformity with this chapter, or if there is more than one (1) owner or entity with an interest in the project, then there shall be a commitment in writing by each owner and/or entity to work in unison to complete the project in complete conformity with this chapter.
The applicant(s) shall provide legal documentation of single ownership, single control, or joint unified control in the form of agreements, contracts, covenants, and deed restrictions which indicate that the development can be completed as shown on the plans, and further, that all portions of the development that are not to be maintained or operated at public expense will continue to be operated and maintained by the developers or their successors. These legal documents shall bind all development successors in title to any commitments made as a part of the documents. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is given to the Building Department.
(Res. 06-284A. Passed 7-31-06.)