In recommending approval or conditional approval of a preliminary or final plan for a Planned Unit Development (PUD), the Planning Commission shall transmit to Council written findings of fact that the application meets all of the criteria below, or shall meet them when the Commission's conditions are complied with. Council shall not be bound by the recommendation of the Planning Commission, but in granting approval or conditional approval, Council shall also find that all of the following criteria are met or shall be met when any conditions to which the approval is made subject are complied with.
(a) Superior Design. The PUD represents a more creative approach to the unified planning of development and incorporates a higher standard of integrated design and amenity than could be achieved under otherwise applicable zoning district and subdivision regulations, and solely on this basis modifications to the use and design standards established by such regulations are warranted.
(b) Meets PUD Requirements. The PUD meets the requirements for Planned Unit Developments set forth in this Code, and no modifications to the use and design standards otherwise applicable are allowed other than those permitted herein.
(c) Consistent with City Plan. The PUD is generally consistent with the objectives of the City Comprehensive Plan as viewed in light of any changed conditions since its adoption.
(d) Public Welfare. The PUD shall not be detrimental to the public health, safety, morals or general welfare.
(e) Compatible with Environs. Neither the PUD nor any portion thereof shall be injurious to the use and enjoyment of other properties in its vicinity, seriously impair property values or environmental quality in the neighborhood, nor impede the orderly development of surrounding property.
(f) Natural Features. The design of the PUD is as consistent as practical with the preservation of natural features of the site such as flood plains, wooded areas, steep slopes, natural drainageways or other areas of sensitive or valuable environmental character.
(g) Circulation. Streets, sidewalks, pedestrian ways, bicycle paths, off-street parking and off-street loading as appropriate to the planned land uses are provided. They are adequate in location, size, capacity and design to ensure safe and efficient circulation of automobiles, trucks, bicycles, pedestrians, fire trucks, garbage trucks and snow plows as appropriate without blocking traffic, creating unnecessary pedestrian-vehicular conflict, creating unnecessary through traffic within the PUD, or unduly interfering with the safety or capacity of adjacent streets.
(h) Open Spaces and Landscaping. The quality and quantity of common open spaces and landscaping provided are consistent with the higher standards of design and amenity required of a PUD. The size, shape and location of a substantial portion of total common open space provided in residential areas render it useable for recreation purposes.
Open space between all buildings is adequate to allow for light and air, access by fire fighting equipment and for privacy where walls have windows, terraces or adjacent patios. Open space along the perimeter of the development is sufficient to protect existing and permitted future uses of adjacent property from adverse effects from the development.
(i) Covenants. Where individual parcels are to be later sold, adequate provision has been made in the form of deed restrictions, homeowners or condominium associations, or the like for:
(1) The preservation and maintenance of any open spaces, thoroughfares, utilities, water retention or detention areas, and other common elements not to be dedicated to the City or another public body; and
(2) Such control of the use and exterior design of individual structures, if any, as is necessary for continuing conformance to the PUD plan, such provision to be binding on all future ownership.
(j) Public Services. The land use, intensities and phasing of the PUD are consistent with the anticipated ability of the City, the school system and other public bodies to provide and economically support police and fire protection, water supply, sewage disposal, schools and other public facilities and services without placing undue burden on existing residents and businesses.
(k) Phasing. Each development phase of the PUD can, together with any phases that preceded it, exist as an independent unit that meets all of the foregoing criteria and all other applicable regulations herein even if no subsequent phase should ever be completed. The provision and improvement of public or common area improvements, open spaces and amenities--or the provision of financial sureties guaranteeing their improvement--is phased generally proportionate to the phasing of the number of dwelling units or amount of nonresidential floor area.
(Ord. 87-94. Passed 7-27-87.)