Scope Of Provisions.
This Article contains the regulations for a Planned Unit Development, herein "PUD." These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Title.
Statement Of Intent/Purpose.
The intent of this Article is to provide a voluntary and alternate zoning procedure in applicable Zoning Districts in order to permit flexibility in Building types and arrangements that would not be possible under the strict application of the Zoning District; encourage a creative approach to the use of land and related physical facilities that results in better development and design to preserve existing site topography, major tree cover, and natural water features on and adjacent to the development to the extent reasonably possible; and contribute to enhancement of the City's urban design, with particular attention to adaptation to adjacent neighborhoods and Street systems under conditions of approved Site Plans.
Applicable Zoning Districts.
The PUD procedure may be utilized for developments containing not less than seven (7) acres in the "R-1," "R-2," and "R-3" Districts and not less than four (4) Dwelling Units in the "OT-1" District.
Authorized Developments And Limitations.
A. The PUD may authorize the following development types and standards:
1. Permitted Uses. Any Permitted Use in the Zoning District within which the PUD is located is permitted in the PUD. Additionally, Attached Single-Family Dwellings or Two-Family Dwellings are permitted in the "R-2" and "R-3" Districts and Attached Single-Family, Two-Family Dwellings, and Multiple-Family Dwellings each with no more than four (4) Dwelling Units are permitted in the "OT-1" District.
2. Uses Allowed by Special Use Permit. Any Use allowed by Special Use Permit in the Zoning District within which the PUD is located is permitted in the PUD by Special Use Permit to be issued in accordance with Section
410.080.
3. The PUD requirements shall be established in the Ordinance authorizing the PUD with the following restrictions:
a. Off-Street Parking. Off-Street Parking requirements shall meet the minimum requirements of the proposed use and shall in no event be diminished; however, the Commission and Board may require that unenclosed Off-Street Parking Spaces be depressed below the grade of the remainder of the Lot or screened by walls, fences, or plant material or by both methods to preserve and complement the general character of any existing developments on adjacent properties.
b. Setbacks. The required Setbacks of the underlying Zoning District shall apply to all Lot Lines contiguous with or within fifty (50) feet of the boundary line of the PUD.
c. Buffer Areas. For PUDs in "R-2" or "R-3" Districts wherein Lot Areas do not comply with the minimum Lot Area of the underlying Zoning District, a Buffer Area of not less than thirty (30) feet in depth shall be provided along any Lot Line that abuts a Residential District or Lot with a Residential Use that is not located within the PUD.
d. Lots. The PUD shall not contain more Lots or Dwelling Units than would be permitted under the regulations of the Zoning District which the PUD is permitted, and in no case shall the minimum Lot Area in the "R-1" District be less than twenty thousand (20,000) square feet; in the "R-2" District be less than ten thousand (10,000) square feet; in the "R-3" District be less than seven thousand five hundred (7,500) square feet; or in the "OT-1" District be less than six thousand (6,000) square feet and:
(1) The maximum number of Lots allowable in "R-1," "R-2," and "R-3" Districts shall be calculated by dividing the net area of the PUD by the minimum Lot Area requirement for a Residential Dwelling Unit of the underlying Zoning District in which the PUD is located. The net area is the gross area of the development, minus the following:
(a) Any area within special flood hazard areas inundated by a 100-year flood (i.e., plain and floodway Zones "A," "AE," "AH," "AO," "A99") as determined by the Federal Emergency Management Agency (FEMA).
(b) All Street pavement.
(c) Area for Detention/Retention Areas as measured ten (10) feet back from the high-water elevation for any Detention/Retention Area.
(2) The maximum number of Lots within the "OT-1" District shall be dependent on each Lot containing not less than six thousand (6,000) square feet, exclusive of any area included within above Subsection (A)(3)(d)(1), (a), (b), and (c).
Sketch Plan.
See Section
440.090.
Preliminary Plat Required.
In addition to the Preliminary Plat meeting the requirements of Section
440.100, the Commission shall review the proposed PUD to determine if the PUD is:
A. Consistent with good general planning practice and with good site planning;
B. Can be constructed and operated in a manner that is not detrimental to the Permitted Uses in the Zoning District;
C. Would be visually compatible with the uses and Property within the surrounding area; and
D. Is deemed desirable to promote the general health, safety, and welfare of the City. Additionally, the Commission and Board shall also consider the architectural, landscape, and other relationships which may exist between the proposed development and the character of the surrounding neighborhood and shall prescribe and require such physical treatment such as Screening, Buffer Areas, or other features as will, in its opinion, enhance the neighborhood character.
Improvement Plans Required.
See 440.110.
Improvement Guarantees Required.
See Section
440.120.
Final Plat Procedures.
See Section
440.120.
Changes In Approved PUDs.
A. The PUD shall be developed only according to the approved and recorded Final Plat and all supporting data. The recorded Final Plat and supporting data, together with all recorded amendments, shall be binding on the Applicants, their successors, grantees, and assigns and shall limit and control the use of Property (including the internal use of Buildings and Structures) and location of Structures in the PUD as set forth therein. All changes to the Final Plat shall be recorded with the Recorder of Deeds as amendments to the Final Plat or reflected in the recording of a new, corrected Final Plat.
1. Major changes. Changes which alter the concept or intent of the PUD, including increases in density, Building Heights, or proposed decreases in open space. Changes in the sequence of development and changes in Street standards shall be approved by submission of a new Preliminary Plat under Section
440.100 and subsequent amendment to the Final Plat.
2. Minor changes. The Director may approve minor changes in the PUD which do not change the concept or intent of the development. "Minor changes" are defined as any change not defined as a major change.
A. The Board shall consider the PUD subject to revocation if substantial construction fails to commence within one (1) year of filing of the Final Plat or construction is not completed within five (5) years from approval of the Final Plat. The Applicant shall be notified in writing at least sixty (60) days prior to any revocation hearing.
B. The Board may grant an extension to commence construction for not more than one (1) additional year. As used in this Article, "substantial construction" shall mean final grading for Streets necessary for first approved Plat or phase of construction and commencement of installation of sanitary and storm sewers.
C. In the event the Final Plat is not submitted or substantial construction has not commenced within the prescribed time limits, the PUD shall terminate and the Commission shall within forty-five (45) days recommend initiation of a new Public Hearing before the Board to revert the Property to its prior classification in accord with the proceedings specified in Section
410.060. In the case where rezoning was granted in conjunction with the PUD and said PUD has terminated, no building permit shall be issued on that Property in accord with the provisions of the above-noted Section.
A. A PUD may include a Lot or Lots designated for Public Park use, which may be considered part of the gross acreage of the development in computing the maximum number of Lots that may be created or Dwelling Units that may be authorized, provided that:
1. No Lot of less than ten (10) acres is dedicated for Public Park. However, a Lot Area less than this minimum may be accepted for a Public Park by the Board if it is an addition to an existing or proposed Public Park or school site respectively or is recommended by the Parks and Recreation Committee as part of the City's Public Park system.
2. Prior to approval of a Final Plat for a PUD indicating Public Park dedication, a written statement recommending approval of the proposed Public Park shall be received from the Parks and Recreation Committee.
3. The proposed Public Park is dedicated in a manner approved by the Board as to the legal form prior to recording of the Final Plat.
4. The Final Plat identifies the boundaries of the dedicated Lot for a Public Park within the PUD.
5. The deed of dedication for Public Park shall provide that in the event the Property shall no longer be used for that purpose, it will revert to the trustees of the Subdivision in which it is located as common land. The trust indenture required in Section
440.290 shall provide for the manner in which the common land shall be treated, so that the provisions of this Section are complied with.
In PUDs where common areas, which may include open spaces, recreational areas, or other common grounds, are provided, a trust indenture shall be recorded simultaneously with the Final Plat. The indenture shall provide for the proper and continuous maintenance and supervision of said common land by trustees (and mechanism to pay for the same) to be selected and to act in accordance with the terms of such indenture and the common land shall be deeded to the trustees under said indenture by general warranty deed. The trust indenture and shall comply with the requirements established in Section
440.150, Subdivision Indentures.
