A Planned-Residential or Commercial District may be established by application or petition. The owners of option holders of any tract of land may submit to the City Council a development plan for the use and development of all or part of such tract for the purposes of and meeting the requirements set forth in this section.

In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities of each tract so zoned shall be in single ownership, or under the management or supervision of a central authority, or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this section.

The proposed development plan shall be referred to the City Plan Commission for its review, who thereafter shall issue and forward a report and recommendation to the City Council. The report and recommendation shall include its reasons for approval or disapproval and how the application and development plan meets the requirements of the Planned District as set forth in this section. If no report is transmitted by the City Plan Commission within 90 days of application, the City Council may take action without further awaiting such report.

22.31.

The City Council may approve the plan and amend the zoning district map in accordance with Section 27.0, Amendments.

(Ord. No. 91-2492, 7-23-91)

22.32.

The applicant shall file a surety bond or escrow cash or equivalent to insure the removal of any improvements which are started but not completed in accordance with the approved development plan, or to complete and carry out the construction plan of the planned development within three years from the date of the approval of the development plan by the City Council or as extended by the Council. Such bond or escrow shall provide that the same is enforceable by the City for the purposes set out above if the applicant does not complete or develop the Planned District in accordance with the approved plan within the specified time. The amount of such bond shall be equal to 20 percent of the estimated cost of construction of the development improvements. The form and conditions of the surety bond or escrow agreement shall be approved by the City Attorney. Installation of facilities required to protect and preserve the character and value of surrounding residential properties must be completed before occupancy permits will be issued.

22.33.

If a C-2 Planned Commercial District is approved, the lawful use of single-family residential buildings existing at the time of adoption of this amendment may continue in use, and said residences may be structurally altered, and additions made thereto, in conformity with the provisions of the closest residential district to the commercial district in which the closest residence is located.

22.34.

If any approved development plan is not substantially developed in accordance therewith within three years from the date of the rezoning, the Council may institute an extension or a rezoning of all or a part of said property in accordance with Section 23.0.

22.35.

Compliance with Development Plan. Structures, improvements and landscaping shall be built or installed and maintained in accordance with the development plan as approved herein by the City Council. Once said structures, improvement and landscaping have been built or installed, it shall be the duty of the owner or agent of the property, buildings or premises to maintain said structures, improvements and landscaping in accordance with the development plan approved herein.

In considering whether or not such application for a planned district should be granted, it shall be the duty of the Commission and the Council to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the city generally. In considering the special use, the Commission and the Council should consider the following:

22.41.

The appropriateness of the proposed use for the site in terms of land patterns in the entire city.

22.42.

Reasonable alternate uses of the site that would be more appropriate.

22.43.

The compatibility with surrounding uses and compatibility with the surrounding neighborhood.

22.44.

The comparative size, floor area and mass of the proposed structures in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.

22.45.

The general appearance of the neighborhood will not be adversely affected by the location of the proposed use on the parcel.

22.46.

The capacity of adjacent streets to handle increased traffic in terms of traffic volume.

22.47.

The number of traffic movements generated by the proposed use and relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood, not in terms of the street's capacity to absorb the additional traffic, but rather in terms of any significant increase in hourly or daily traffic levels.

22.48.

The requirements for public services where the demands of the proposed use is in excess of the individual demand of adjacent land uses in terms of police and fire protection, the presence of any potential or real fire hazards created by the proposed use.