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Orono City Council April 10, 1989 Page 2 of any tenant of mine who might have an obligation to rebuild) and naturally a future buyer who might have a use in mind different than a garden center. Conditional uses in such a zone should then be the more problematic uses which you presently envision. By specifying that those problematic uses are subject to the conditional use permit process, you may then at the time that such use is proposed add conditions to protect city interests. By contrast, planned unit development regulations are normally reserved for custom developments in commercial zones where neither the permitted uses, nor the conditional uses with conditions, can accommodate the proposed project. Even planned unit development regulations are an overlay over specific u .derlying commercial zoning standards such that both the applicant and the city understand the underlying conditions of zoning. If such conditions cannot be complied with, only then do the custom zoning provisions of the PUD concept come into play. As a third line of defense, the city should provide PUD availability in this zone to accommodate unusual (multi-use), burdensome (too big a project), oddly configured (clustered), or other proposals. In the case of my garden center, there are no unusual, burdensome or oddly configured aspects to my plan and therefore no planned unit development concept is necessary for me and, in fairness, you are not entitled to any special restrictions. The usual zoning controls in a permitted commercial use are more than adequate. Conditional use and PUD provisions will protect you against future changed uses which are more problematic. Please remember after all that at my expense I will be installing sewer and water, paying taxes at commercial rates, and cor.plying with all of your other commercial zoning regulations. I*m not asking for a higher density of land use, a greater height of buildings, a drastic cut-back in required parking, favorable treatment with regard to neighbors, or ar** other custom factor which would give rise to fairly entitling you to impose the restrictions of a planned unit development on this project to my extreme detriment with lenders, tenants, or future buyers. I view the land, its rezoning to commerical use, and my putting it to not only a reasonable commercial use, but one quite compatible with the residential neighbors to the north, as such an advantage to the city that the city should swiftly take the