(A) Generally.
(1) In order to permit greater development flexibility than is allowed under traditional zoning and to encourage redevelopment within the urban core, the PUD Planned Unit Development Overlay District is hereby established. The intent of this overlay zoning district is to apply it to a comprehensive development and/or redevelopment plan and not apply it on a parcel-by-parcel basis.
(2) The intended application of this designation is when one or both of the following situations exist:
(a) Includes land which, because of environmental or topographical issues, shape problems or other practical difficulties, otherwise could not be feasibly developed; and/or
(b) Incorporates multiple land uses within a common area of land. A district shall be laid out and developed as a unit and shall not be approved simply to attain variations in development standards that could have been achieved through the variance process. The open space provision of the PUD Overlay District is intended to create additional bicycle/pedestrian trials and park spaces to serve nearby residents and further ensure the park goals of the city’s development plan, as amended, are attained. The open space requirement is not intended to facilitate the acquisition or construction of additional community-wide or regional parks or athletic fields.
(B) Use regulations. Buildings or premises shall be used only for the following purposes:
(1) Any Planned Unit Development (PUD) Overlay District containing residential development permits uses allowed in C-2 General Commercial District. Any PUD Overlay District containing industrial development permits uses allowed in M-3 Industrial (Park) District;
(2) This Overlay District is intended to function as an “overlay” to the underlying base zones, in addition to other applicable provisions of the municipal code. The regulations and requirements imposed by the PUD Overlay District shall be in addition to the underlying base zones, which jointly apply. Under the joint application of the underlying base zones, the more restrictive requirements shall apply unless otherwise approved during the planned development process;
(3) (a) Planned developments.
1. The owner or owners of any tract of undeveloped land comprising an area of not less than two acres or any tract of developed land comprising an area of not less than one acre and which meets the following criteria:
a. Includes land which, because of environmental or topographical issues, shape problems or other practical difficulties, otherwise could not be feasibly developed; or
b. Incorporates multiple land uses within a common area of land, may submit a plan for the use and development of all or part of the tract for the purposes of and meeting the requirements set forth in this section.
2. The plan shall be referred to city staff for review with a subsequent report and recommendation for approval/denial being given to the City Plan Commission for study, report and public hearing. If no report is transmitted from the City Plan Commission to City Council within 60 days of notification, the City Council may take action without further awaiting of the report. If the Commission approves the plans, they shall then be submitted to the City Council for its consideration and action. The Commission’s approval and recommendations shall be accompanied by a report stating the reasons for approval and that the application meets the requirements of the Planned Unit Development Overlay District, as set forth in this section. In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities shall be in single ownership or under the management or supervision of a central authority or otherwise subject to the supervisory lease or ownership control until the project is fully developed. In the event the planned unit development is not constructed within 24 months, unless otherwise negotiated during the planned development process, the city shall consider reverting the subject area to the same zoning classification which existed prior to the change to the Planned Unit Development Overlay Zone and the district regulations in force prior to the establishment of the planned unit development shall thereupon be in full force.
(b) Planned unit development projects shall be designated as a whole, unified single project in compliance with the following requirements and, if built in stages, each stage shall conform to the approved plan.
(C) Site plan requirements. In addition to the requirements of division (A) above, the owner or developer must submit a site plan in accordance with § 159.052(D)(1).
(D) Open space requirements. Planned unit development projects which include any residential units must dedicate land for public open space, pay a fee in lieu of land for public open space or a combination thereof. The in-lieu fee shall be equal to the fair market value of the land that otherwise would have been required for dedication. The fair market value of the undeveloped land shall be determined by a qualified real estate appraiser who is acceptable to both the city and the subdivider or developer. The city and subdivider or developer will equally share the appraisal costs. The amount of land dedicated shall be determined by the following formula with a minimum size of 0.50 acres required for dedication:
A x 0.94DU x PDU x 2.0/1000 |
where |
A = Acres of property |
DU = Maximum dwelling units per acre (43,560 divided by the minimum lot area requirement for the highest density residential use allowed in the subject base zone) |
0.94 = This percentage figure reflects the average development density occurring in Clinton |
PDU = Persons per dwelling unit based on the most recent census |
2.0/1000 = The city’s development plan goal of acres of mini-park space per 1,000 population |
(1) The dedication of land shall be reviewed as part of the preliminary subdivision plat or preliminary site development plan, whichever is applicable. The subdivider or developer shall designate the area or areas of land to be dedicated pursuant to this subchapter on the preliminary subdivision plat or preliminary site development plan.
(2) The city and owner/developer will decide during the planned development process whether the dedicated land will be privately- or publicly-owned.
(3) If a payment in lieu of open space is requested, the subdivider or developer must include a request in a letter submitted with the application for a preliminary subdivision or preliminary site development plan, whichever is applicable.
(4) The payment of fees in lieu of open space land dedication shall be reviewed and approved as part of the preliminary subdivision plat or preliminary site development plan, whichever is applicable.
(5) In-lieu fees must be paid in full in a single total payment by the owner/developer prior to the issuance of the first building permit for a lot within the planned unit development.
(6) All payments in lieu of dedication shall be deposited in a special neighborhood open space account designated by the name of the contributing development. The city will use all payments in lieu of open space to acquire or upgrade/improve existing open spaces, parks, recreation facilities and greenways/trails that are located within 0.50-mile of the perimeter of the planned unit development to benefit the residents of the planned unit development.
(7) The city is required to use the payment in lieu of dedication within five years from the date received. All funds not spent within the time frame will be forfeited by the city and returned to the owner/developer within 30 days of the end of the five-year period.
(8) All dedicated open space shall be a contiguous parcel of land unless the city determines that two or more parcels would better serve the public interest. If the city determines that two or more parcels are necessary to best serve public interest, the city may require the parcels to be connected by a strip of land to provide access between the parcels.
(9) Land dedicated for open space includes neighborhood parks and pedestrian/bicycle trials. Efforts should be made to connect any trail to existing trail systems in order to promote neighborhood connectivity.
(10) Public access to pedestrian/bicycle trails and parks shall be maintained by adjoining public street frontage or providing a dedicated public access easement at least 50 feet in width which connects the dedicated land to a public street or right-of-way.
(11) Lands set aside for open space dedication cannot exceed 15% in grade or be located in wetlands subject to federal or state regulatory jurisdiction, floodways, lakes or other bodies of water or other any areas the city deems unsuitable for neighborhood open space due to topography, flooding or other appropriate considerations.
(G) Screening requirements. In the absence of a natural barrier, the City Plan Commission may recommend a form of screening to mitigate the impacts of an incompatible development on adjacent properties. If the City Plan Commission deems screening as necessary for development, a landscaping plan must be submitted with the request for a building permit for city staff review. The landscaping plan must indicate the types of materials/plantings being used for screening, along with their respective size, location and current/estimated heights upon maturation. All screening must be five to six feet in height and more than 50% solid year round. Suitable screening materials may include a solid or opaque fence, berms, native evergreen shrub species including but not limited to: Arborvitae, Boxwood, Cotoneaster, Firethorn, Holly, Leyland Cyprus, Ligustrum or Yew, or associated landscape materials or a combination of the above. All screening must be installed prior to occupancy or commencement of a use, unless any plantings being used cannot be installed at the time due to seasonal conditions. In the event the plantings cannot be installed, the Building Official may issue a temporary certificate of occupancy and grant a delay of installation until the seasonal calendar dates of June 1 or November 1, whichever occurs first, and the property owner must place in an escrow account, established with the city, an amount which will cover 110% of the estimated costs of the plantings and installation of the screening. Funds placed into the escrow account will be returned to the owner/developer upon installation of the plantings.
(I) New construction/additions. All new construction/additions shall meet the requirements of § 159.046(O).
(J) Developer incentives. Developers are eligible to receive incentives, as negotiated during the planned development process, in exchange for landscaping and/or additional open space beyond the required amounts as described in § 159.065. Examples of developer incentives include having a portion or all of the fees from the Community Development Department exempted and/or receiving expedited review and permit processing from the Community Development. Developers can also earn incentives based on the quality of materials used for construction. To improve the aesthetic quality of development, the use of high-quality, permanent building materials is encouraged. Examples of high-quality materials include but are not limited to brick, stone, manmade stone and the like. Potential incentives will be discussed during the planned development process.
(Ord. 2392, passed 11-11-2008) Penalty, see § 159.999