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The following criteria are established to guide and control the planning, development, and use of land in a Preservation Alternate development.
A. Permitted Uses: The uses permitted shall be those uses normally permitted in the zoning district provided, however, that the following additional uses shall be permitted in preservation developments:
1. Common open space.
2. Recreational areas and facilities. Recreational facilities, specifically Community Center Buildings may be included in a plan per Section 1132.04(A)(4) and be identified as a community service for purposes of square foot calculations in Section 1132.04(L). (Any use listed below shall not be permitted)
3. Guest parking areas.
4. Commercial Uses. Limited to the type listed below and subject to the limitations set forth in Section 1132.04(L):
(Any use not listed below shall not be permitted.)
(a) Businesses engaged in the preparation and processing of food and drink on the premises, such as bakeries, meat market, delicatessens and pizza shops but excluding drive-thru beverage.
(b) Businesses engaged in the sale of art, stationery, photo supplies, notions, books, music, floral, gifts, pharmaceuticals, drug stores and interior decorating supplies, including paint and wallpaper.
(c) General and professional offices such as those used by architects, engineers, attorneys, accountants, realtors, financial planners, insurance agents, doctors and dentists, social and charitable organizations.
(d) Businesses providing personal services such as barber and beauty shops, tailors, dressmakers, shoe repair and dry cleaners.
(e) Restaurants, but excluding those with drive-thru facilities.
(f) Child Day Care facilities. Child day care facilities shall be identified as a community service for purposes of square footage calculations in Section 1132.04(L).
B. Minimum Area: The minimum area to qualify for Preservation Alternate development shall not be less than ten (10) contiguous acres.
C. Maximum Density: The residential density of the entire development area shall not exceed 2.0 dwelling units per acre on land zoned R 1 and 3.0 dwelling units per acre on land zoned R 2.
D. Maximum Net Density: The maximum density of the residentially developed portion of the property, exclusive of common open areas, recreational facilities, and parks, shall not exceed 5.0 dwelling units per acre.
E. Minimum Floor Area: The minimum floor area for dwellings located within a Preservation Alternate development shall be:
1. Thirteen hundred (1,300) square feet for one story dwellings; and
2. Fifteen hundred (1,500) square feet for dwellings of greater than one story in height, provided that at least 1,000 square feet of floor area shall be on the first floor above finished grade.
F. Required Open Space: In any Preservation Alternate development, the total public or common open space area shall be not less than thirty (30) percent of the gross acreage of the entire development area.
G. Building Arrangement: The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, configuration of lots, open space, and landscape features. Single family dwellings may be arranged in various groups, courts, sequences, or clusters with open spaces organized and related to the dwellings so as to provide privacy and to form a unified composition of buildings and space.
H. Lot and Yard Requirements. Within a Preservation Alternate development, the normal lot and yard requirements for the detached single family residences as set forth in the Zoning District shall not apply. Minimum lot and yard requirements shall be as set forth in the approved Development Plan provided, however, that the following minimums shall be maintained:
1. Front Yard. The front setback for each dwelling unit shall be not less than 25 feet from the right of way.
2. Boundary. No dwelling unit within a Preservation Alternate development shall be located less than twenty (20) feet from any boundary line of said Preservation Alternate.
I. Access and Vehicular Circulation: Each preservation area of single family dwelling units shall be served by a dedicated street. Rights of way for public streets in a Preservation Alternate Development shall be a maximum of sixty feet (60'). Traffic calming designs and facilities are encouraged and may be implemented in a manner acceptable to the Community Development Department. However, individual dwelling units within such preservation areas need not so abut, provided that:
1. Each dwelling unit is accessible, by means of a private drive, to service and emergency vehicles in a manner acceptable to the Community Development Department and Fire Chief.
2. Each dwelling unit must be within 250 feet, but not less than forty (40) feet of a public street.
3. Construction methods, standards, and materials for private drives meet accepted engineering practice and are approved by the Community Development Department.
4. The location, design, and construction of all utilities on private or common land is approved by the Community Development Department.
5. The preservation and maintenance of all private drives and utilities on private land is assured by firm commitment of the abutting owners through documents reviewed by the Community Development Department, recorded in the office of the County Recorder or in such other form as is approved by the Director of Law.
J. Parking. Parking shall be required in accordance with the requirements set forth in Chapter 1167 , provided, however, that for each dwelling unit at least one of the required parking spaces shall be in a completely enclosed garage.
Additional guest off street parking areas may be required by the Commission if it determines that such additional parking is necessary to adequately serve the needs of the preservation area. Such guest parking shall be designed and located so as to protect the residential character of the preservation area and the surrounding neighborhood and may incorporate pervious parking surfaces acceptable to the Community Development Department.
Parking for commercial uses permitted under Section 1132.04(A)(4), shall be constructed in to provide a maximum of one parking space for every 200 square foot of building square footage. Parking areas servicing the commercial development shall be separated from adjacent residential uses and shall be screened and landscaped in a manner acceptable to the Planning Commission.
In order to integrate a high level of landscape design into the parking areas, the developer or owner shall submit plans for parking lot landscape design for approval to the Kent City Arborist.
Parking areas for bicycles shall be provided.
Parking surfaces for vehicles and/or bicycles may be constructed of pervious parking surfaces as approved by the Community Development Department.
K. Ownership and Perpetual Maintenance: Proposed ownerships of all recreation, park, common areas, and open space areas shall be identified and a perpetual maintenance plan for said areas submitted to the Community Development Department for joint review with the Parks and Recreation Board and approval. Said plan shall set forth responsibility of maintenance of all such areas and describe the method of financing for said maintenance program. The Perpetual Maintenance Plan if approved by the City, shall be placed on record with the County Recorder along with the final site plans and/or subdivision plats for the development and shall be referenced in the deeds to individual parcels within the development.
L. Commercial Use Limitations: The following limitations shall apply to any commercial development permitted under Section 1132.04(A)(4):
(i) Maximum Area: The total area of the site that may be developed commercially as provided in this Chapter shall not exceed ten percent (10%) of the total (gross) acreage of the development site. In no instance shall the total area of the developed neighborhood commercial campus exceed 8 acres.
(ii) Site Development: The site development shall limit maximum building square footage uses to the following distribution formula:
50% retail activities
50% office space
15% community service
(iii) Location and Continuity: The Planning Commission may only permit commercial development in areas that abut arterial and collector streets. The commercial development site must be one contiguous site within the development and may not be divided onto separate lots.
(iv) Deed Restrictions / Property Maintenance: The developer shall be required to deed restrict the use of the commercial portion of the property to those uses approved by the Planning Commission and consistent with the provisions of this Chapter. The developer shall also provide restrictive covenants or other provisions guaranteeing the perpetual maintenance of the commercial development, including but not limited to the type of commercial signage permitted, the architectural design of the buildings, homeowner /condominium association(s) roles and responsibilities in property management, placement of conservation easements and any other provisions deemed necessary by the developer and/or the Planning Commission.
(v) Signage: The following limitations shall apply to all signage within the commercial development area:
a) one (1) ground sign for the purpose of identifying the commercial development area with a maximum size of 32 square feet; six (6) feet maximum height from ground to top, including any framing. Such sign may be illuminated from the ground, neither sign nor illumination may flash, rotate or be animated;
b) one wall sign per establishment with an area not to exceed one (1) square foot of signage per lineal foot of establishment frontage. These signs shall not be illuminated.
c) Signage may be placed on a non-illuminated cloth awning and substitute for any available wall sign;
d) Roof signs of any type are not permitted;
e) Temporary signs are not permitted;
f) Banners, and pennants are not permitted;
g) Any sign now or hereafter which no longer advertises a bonafide business shall be removed within thirty (30) days of the cessation of that business or within ten (10) days of written notification of the Zoning Inspector, whichever comes first. Should the sign not be removed within the specified time period, the Zoning Inspector shall have the authority to cause removal of said signage and any expense incident thereto shall be paid by the owner of the property on which the sign is located.
(vi) Lighting: Lighting in the commercial lighting area will be via decorative lampposts. Security lighting may be placed on walls or in-ground, in consultation with and approval of the Community Development Department and the Police Chief. However, such illumination shall not cause glare upon the street or adjacent residential properties.
(vii) Integration of Preserved Area: For every 5 acres of neighborhood oriented commercial campus area, 1 acre of the required open space area shall be integrated into or adjacent to the neighborhood oriented commercial campus area. This 5 to 1 ratio shall apply in any acreage combination.