Any development which fails to meet the following qualifying conditions, at a minimum, shall not be considered for the PUD District:
(A) The PUD site shall not be less than three acres of fully contiguous property not separated by a public street, railroad right-of-way, or other such feature or barrier. If the PUD is to contain a mixture of residential and non-residential uses, the minimum required area shall be 12 acres. The Planning Commission may consider a PUD on lesser acreage if it is clear that the proposed PUD substantially provides for the intent of a PUD as stated in this subchapter. In addition, the Planning Commission may use the same intent section of the Zoning Ordinance when considering a PUD with property that may be separated by a public road, railroad, or other such feature or barrier. It would be up to the applicant to prove why, for example, the state highway (M-21) separating the acreage owned by the applicant, would not restrict the applicant's ability to develop a cohesive PUD. Recreational amenities such as golf courses and health clubs, and ancillary commercial activities such as club houses and pro shops, shall not be considered non-residential uses for purposes of this section.
(B) All PUD's shall be served by public water and sanitary sewer facilities.
(C) The tract of land for which a PUD application is received must be either in one ownership or the subject of an application filed jointly by the owners of all properties.
(D) If the Village of Fowler establishes a Master Plan, then the proposed uses of the PUD must be substantially consistent with the Master Plan descriptions for the subject property.
(E) The PUD must provide for integrated, safe and abundant pedestrian access and movement within the PUD and to adjacent properties.
(F) The PUD should provide for coordinated and innovative architectural styles, building forms and building relationships.
(G) The PUD should provide for enhanced landscaping efforts by the development. Examples include efforts to preserve the natural landscape, providing for tree lined streets, decorative landscaping around structures and focal landscape areas.
(H) Open space requirements:
(1) The PUD development shall contain usable open space in an amount equal to at least 20% of the total PUD site. The Planning Commission may consider a PUD with a lesser amount of open space if it is clear that the proposed PUD substantially provides for the intent of a PUD as stated in this subchapter. It is noted that open space is a very important element of a PUD and reductions to the open space provision should be granted only as a result of specific, clearly documented reasons (i.e. the PUD may have already been reduced from 7.5 acres to 2 acres and since the project will be located in the
downtown, the 20% open space provision would detract from building continuity, historic preservation efforts, etc.).
(2) Usable open space shall not include required yards or buffers, parking areas, drives, rights-of-way, utility or road easements, storm water detention ponds, and structures.
(3) Such open space shall be permanently set aside for the benefit, use, and enjoyment of present and future occupants of the PUD through covenant, deed restriction, open space easement, or similar legal instrument acceptable to the village; or, if agreed to by the Village Council, the open space may be conveyed to the village for the use of the general public.