§ 118-828. Approval criteria.

The city commission may approve a proposed planned unit development (PUD) and its associated preliminary development plan only after competent, substantial evidence has been presented that allows the city commission to make the following determination:

(1)

The proposed PUD is consistent with the land development regulations, comprehensive plan and the future land use map;

(2)

The proposed PUD will not substantially devalue or prevent reasonable use and enjoyment of the adjacent properties;

(3)

Adequate public infrastructure facilities and water and sewer service to support the development of the proposed PUD are available or an agreement or binding conditions have been established that will provide these facilities, improvements and services in a reasonable time frame;

(4)

The proposed PUD will not allow a type or intensity of development that is premature or presently out of character in relationship to the surrounding area;

(5)

The rezoning will not interfere with an adjacent property owner's reasonable expectation of use or enjoyment; and

(6)

There is availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed PUD and the surrounding area, or an agreement or binding conditions have been established that will provide such transportation facilities to support said traffic in a reasonable time frame.

(Ord. No. 99-29, § I, 4-22-99; Ord. No. 12-24, § 1, 5-24-12)