To be eligible for planned unit development approval, the applicant must demonstrate that the following criteria will be met:

(1)

Recognizable benefits. The planned unit development will result in a recognizable and substantial benefit to the ultimate users of the project and to the community.

(2)

Minimum size. The minimum size of a planned unit development shall be three acres of contiguous land.

(3)

Use of public services. The proposed type and density of use shall not result in an unreasonable increase in the use of public services, facilities and utilities, and shall not place an unreasonable burden upon the subject site, surrounding land, property owners and occupants, or the natural environment.

(4)

Compatibility with master plan. The proposed development shall not have an adverse impact upon the master plan of the city, and shall be consistent with the intent and spirit of the master plan.

(5)

Economic impact. The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.

(6)

Usable open space. The proposed development shall contain at least as much usable open space as would otherwise be required by the existing underlying zoning.

(7)

Unified control. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project, or assuring completion of the project by appropriate dedication and contractual provisions, in conformity with this chapter.

The applicant shall provide legal documentation of single ownership or 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.

(Code 1994, § 16.02)