§ 1429-15. Planning Commission Approval of Final Development Plan.

The City Planning Commission may approve a final development plan for a development in a PD District on consideration of the following:

(a)

Consistency . The final development plan is consistent with the purpose of the Planned Development District Regulations;

(b)

Adequate Streets . The existing and proposed internal and external streets are adequate to serve the proposed development and properly interconnect with the surrounding existing road network;

(c)

Adequate Infrastructure . The proposed infrastructure, utilities and all other proposed facilities are adequate to serve the planned development and properly interconnect with existing public facilities;

(d)

Covenant . The Department of City Planning must require covenants by the owner of the property in a form acceptable to the City Solicitor to be recorded indicating that the open spaces, parking areas, walks and drives as shown on the plan may not be used for any other purpose. The owner must further covenant that all streets, common areas, common utilities and other common facilities remain in common ownership by all owners of any interest in the land or buildings in the Planned Development other than a leasehold interest of less than five years. (See § 1441-07).

(e)

Release of Covenants . The City Manager, on receipt of a recommendation from the Director of City Planning, may recommend the covenant be terminated in the following instances: the particular use requiring a covenant is no longer necessary and the building permits have been terminated, or the condition or conditions requiring such covenant are no longer applicable.

(f)

Compatibility . The proposed uses, location and arrangement of structures, lots, parking areas, walks, open spaces, landscaping, lighting and appurtenant facilities are compatible with the surrounding land uses;

(g)

Sufficiency of Legal Documents . Proposed covenants, easements and other provisions meet development standards; and

(h)

Sufficiency of Provisions for Maintenance of Common Areas . Open space and common areas are identified and provisions have been made for the care and maintenance of such areas.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; Emer. Ord. No. 141-2015, § 39, eff. July 1, 2015)