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(a) Residential Design Standards.
(1) Residential uses shall be permitted with the following maximum densities, based upon the zoning district in which the property is situated immediately prior to classification under this article. Land area under water, public road rights-of-way and private road easements shall not be included in the gross density calculation.
Maximum Density Permitted
District Dwelling units/Gross Acres
R-2 3.5
R-1 4.0
R-T 8.0
R-M 9.0
O-1 9.0
CBD 9.0
B-1 9.0
B-2 9.0
I-1 9.0
I-2 9.0
(2) Where a planned unit development (PUD) contains both residential and non-residential land uses, residential density shall be calculated on the basis of the area devoted to residential land use only.
(3) Additional density greater than that specified in (a) (1) hereof for residential uses may be allowed in the discretion of the City Council, upon the recommendation of the Planning Commission and based upon a demonstration by the applicant of planning and design excellence resulting in a material benefit to the City, adjacent land uses and/or the ultimate users of the project, including, without limitation, innovative design producing significant energy efficiency, pedestrian or vehicular safety, long-term aesthetic beauty, and protection and preservation of natural resources and features.
(b) Nonresidential Design Standards.
(1) Nonresidential uses may be permitted in combination with other nonresidential uses or as part of a common development with residential uses.
(2) Nonresidential uses, including parking and drives, shall be separated and buffered from residential units.
(c) General Design Standards.
(1) All regulations applicable to setbacks, parking and loading, general provisions and other requirements shall be met in relation to each respective land use in the development based upon the zoning district in which the use is listed as a permitted or specially permitted use. In all cases, the strictest provisions shall apply.
Notwithstanding the immediately preceding paragraph, deviations with respect to such regulations may be granted as part of the overall approval of the PUD, provided there are features or elements designed into the project plan for the purpose of achieving the objectives of this article.
(2) To the maximum extent feasible, the development shall be designed so as to preserve natural resources and natural features.
(3) There shall be a perimeter setback and berming, for the purpose of buffering the development in relation to surrounding properties. Such perimeter setback shall be established with a dimension from the property line of up to one hundred (100) feet in the discretion of the City Council, upon the recommendation of the Planning Commission, taking into consideration the use or uses in and adjacent to the development. The setback distance need not be uniform at all points on the perimeter of the development.
(4) Thoroughfare, drainage and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.
(5) There shall be underground installation of utilities, including cable, electricity and telephone, as found necessary by the City.
(6) Signage, lighting, landscaping, building architecture and materials, and other features of the project, and shall be designed to achieve an integrated and controlled development, consistent with the character of the community, surrounding development or developments, and natural features of the area.
(7) Where nonresidential uses adjoin residentially zoned property, noise reduction and visual screening mechanisms, such as landscape berms and/or decorative walls, shall be employed.
(8) The City Council, upon the recommendation of the Planning Commission, shall resolve all ambiguities as to applicable regulations using the Zoning Ordinance, Master Plan and other City standards or policies as a guide.
(a) Reasonable conditions may be required with the approval of a planned unit development (PUD), to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use, protecting the natural environment and natural resources, ensuring compatibility with adjacent land uses, and promoting the use of land in a socially and economically desirable manner.
(b) Conditions imposed shall be designed as follows: to protect natural resources and the public health, safety and welfare of individuals in the project, those immediately adjacent and the community as a whole; to meet the intent and purpose of this Zoning Ordinance; and to ensure compliance with the standards of this Zoning Ordinance. All conditions imposed shall be made a part of the record of the approved PUD.
(a) Phasing. Where a project is proposed for construction in phases, each phase, upon completion, shall be capable of standing on its own in terms of services, facilities and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety and welfare of the users of the planned unit development (PUD) and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the City Council after recommendation from the Planning Commission.
(b) Commencement and Completion of Construction. Construction shall be commenced within one (1) year following final approval of a PUD. Each phase of the project shall be commenced within one (1) year of the schedule established for the same in the application submitted. If construction is not commenced within such time, any approval of a site plan on the project shall expire and be null and void. However, an extension for a specified period may be granted by the City Council upon good cause shown if such request is made prior to the expiration of the initial period. Moreover, in the event a site plan has expired, the City shall be authorized to rezone the property in any reasonable manner, and, if the property remains classified as PUD, a new application shall be required and shall be reviewed in light of then existing and applicable law and ordinance provisions.
In the interest of ensuring compliance with this article and protecting the health, safety and welfare of the residents of the City, the Planning Commission, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in Section 3.09 for the completion of improvements associated with the proposed use.
(a) Approved final plans for a planned unit development (PUD) may be modified in accordance with the procedures set forth in Section 9.03(c).
(b) Minor changes may be permitted by the Planning Commission, following normal site plan review procedures outlined in Section 3.04, subject to its finding that:
(1) Such changes will not adversely or substantially affect the initial basis for granting approval; and
(2) Such minor changes will not adversely or substantially affect the overall PUD in light of intent and purpose of such development as set forth in Section 9.01.
ARTICLE 10
OFF-STREET PARKING AND LOADING
OFF-STREET PARKING AND LOADING
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