A. To provide an incentive for communities for "older persons" (55 and over - as defined by the federal fair housing act of 1999, or any subsequent revision thereof) to be included within lower density residential PUDs the council may authorize an increased residential density to allow a maximum of three (3) dwelling units per gross acre within any zoning designation which limits density to less than three (3) dwelling units per gross acre specifically and solely for any portion of a PUD planned for a community for "older persons". Such a density increase shall not be permitted in an A or A-R zoning designation.
Character, identity, landscaping and architectural/siting variation are to be incorporated into any community for "older persons". The community may consist of single-family, two-family or multi-family dwelling units, or a mixture thereof, and should be clustered and include amenities for "older persons". Zero lot line development with common open space areas shall be the only type of development permitted to be considered for such an increase. The zero lot line development shall allow for minimal front and/or rear yard areas for each residential unit if proposed by the developer and approved by the city. However, the exterior side walls of all residential buildings shall abut a common area lot line. The intent of the zero lot line development is to allow for large areas of open space as opposed to a sea of side yard and rear yard fences dividing residential lots. For purposes of this section, the minimum lot size referenced elsewhere within this code shall be calculated by considering the entire community for "older persons" as a whole. Also, the PUD shall be designed so the community for "older persons" portion of the development does not abut residential parcels adjacent to the PUD and sufficient buffering be provided as may be required by the city. Stand alone communities consisting of only housing for "older persons", as defined, may be allowed to request a gated community with private roads.
The following site criteria must be met in order to consider approval of the density increase for the community for "older persons":
1. For a planned unit development containing multiple housing types, the land area containing housing exclusively for "older persons" shall not encompass a land area exceeding sixteen percent (16%) of the total land area within the entire planned unit development;
2. The total land area of the entire planned unit development shall be a minimum of eighty (80) acres. The total land area of a stand alone planned unit development consisting of only "older persons" housing shall be a maximum of thirty (30) acres;
3. The entire PUD shall be served by either a municipal or community water and sewer system;
4. Any limitations regarding individuals occupying the community for "older persons" must be in accordance with local, state and federal regulations, and must specifically be in accordance with the federal fair housing act as revised in 1999, or any subsequent revision thereof. "Older persons" shall be as defined within the aforementioned act;
5. The community for "older persons" shall be prohibited within any 100-year floodplain;
6. Open space requirements shall be as follows (where this section and any other section of this title or title 9 of this code conflict or overlap, this section shall control):
a. If the residential lots (not including the community for "older persons" portion of the PUD) meet the minimum lot size requirement or are reduced below the minimum lot size requirements such that no residential lot is less than one acre in size, the entire PUD shall consist of a minimum of twenty percent (20%) of open space.
b. If the residential lots (not including the community for "older persons" portion of the PUD) are reduced below the minimum lot size requirement such that any residential lot is less than one acre in size, the entire PUD shall consist of a minimum of twenty six percent (26%) of open space.
c. Pathways, buffer areas, public park sites, public school sites, and public golf courses and/or driving ranges proposed within any such PUD shall be included, in their entirety, with any other open space areas proposed when calculating the minimum open space required.
d. A minimum of one 5,000-square foot clubhouse/indoor recreation facility shall be provided with the community for "older persons" portion of the PUD.
7. The final plat shall include a note indicating that the portion of land permitted for the density bonus for "older persons" shall be for "older persons" as defined by the federal fair housing act as revised in 1999, or any subsequent revision thereof.
8. Enforcement of the provisions of the federal fair housing act of 1999, or any subsequent revision thereof, must be the responsibility of the homeowners' association and so noted in the CC&Rs. (Ord. 717, 4-8-2014)