(a) Purpose. The provisions of this Section have been created with the purpose of:
(1) Preserving the single-family residential character of the City;
(2) Providing for attractive and interesting residential developments and redevelopment with the integration of compact, limited, neighborhood-oriented commercial uses;
(3) Encouraging greater flexibility in design; and
(4) Permitting creative and innovative utilization of space and environmental conditions to obtain a more desirable residential environment than may be possible through the strict application of the minimum requirements of the R-1, R-2, R-3 and R-4 Districts.
(b) Preservation area as used in this Section refers to the construction of single-family dwelling units in a unified and harmonious arrangement as reflected on a plan indicating all dwelling units within a specific development area.
(c) Applicability of Preservation Alternate standards. The provisions of this Section apply whenever an owner or developer elects to submit plans in accordance with the following provisions:
(1) Preserve or protect natural features or environmentally sensitive areas of land proposed to be developed.
(2) Provide for the open space or recreational needs of the proposed development.
(3) Provide for the safety of those utilizing pedestrian and vehicular circulation routes.
(4) Assure an arrangement or placement of improvements and/or dwelling units on the land area proposed to be developed which will be functional and serviceable.
(5) Provide an integration of land uses and architecture that enhance the quality of life for the neighborhood.
(6) Ensure that the project will not significantly impact the use of the land area proposed to be developed when considered as a whole for the purposes and to the extent permitted under this Code.
(7) The use of these provisions is not a matter of right for properties zoned R-1, R-2, R-3, and R-4 but may be permitted at the discretion of the Planning Commission.
(d) Preservation Alternate Requirements. The following criteria are established to guide and control the planning, development, and use of land in a Preservation Alternate development.
(1) Permitted Uses: The uses permitted are those residential uses normally permitted in the zoning district provided, however, that the following additional uses are permitted in preservation areas:
A. Common open space.
B. Recreational Areas and Facilities. Recreational facilities, specifically community center buildings, may be included in the overall site plan and be identified as a community service for purposes of square foot calculations.
C. Guest parking areas.
D. Commercial uses that are ancillary and compatible with the primary residential use in the proposed preservation area.
(2) Minimum Area. The minimum area to qualify for Preservation Alternate development is at least two (2) contiguous acres.
(3) Maximum Density. The maximum residential density of the entire development area is 2.0 dwelling units per acre on land zoned R-1, 3.0 dwelling units per acre on land zoned R-2, and 8.0 dwelling units per acre on land zoned R-3 and R-4.
(4) Required Open Space. In any Preservation Alternate development, the total public or common open space area must be at least thirty (30) percent of the gross acreage of the entire development area. Planning Commission may grant a variance from this requirement as part of site plan review and approval.
(5) Building Arrangement. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage variety in the arrangement and shape of buildings, configuration of lots, open space, and landscape features. Single-family dwellings may be attached, arranged in various groups, courts, sequences, or clusters with open spaces organized and related to the dwellings to provide privacy and to form a unified composition of buildings and space.
(6) Lot and Yard Requirements.
A. The front yard setback for each dwelling unit shall not be less than twenty-five (25) feet from the front property line.
B. The Planning Commission may allow up to a zero-lot line setback for side and rear yards.
C. No dwelling unit within a Preservation Alternate development shall be located less than twenty (20) feet from any boundary line of said Preservation Alternate.
(7) Access and Vehicular Circulation. Each preservation area of single-family dwelling units must be served by a dedicated street. The maximum right-of-way width for public streets in a Preservation Alternate Development is sixty (60) feet.
(8) Each dwelling unit is accessible, by means of a private drive, to service emergency vehicles in a manner acceptable to the Community Development and Fire Departments.
(9) Parking.
A. Parking is required in accordance with the requirements set forth in Chapter 1107, provided, however, that for each dwelling unit at least one (1) of the required parking spaces must be in a completely enclosed garage.
B. The Planning Commission may require additional off-street guest parking areas if it determines that such additional parking is necessary to adequately serve the needs of the preservation area. Such guest parking must be designed and located 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.
C. Parking for commercial uses permitted under Section 1104.02
(d)(1)D., must be constructed to provide a maximum of one (1) parking space for every five hundred (500) sq. ft. of building floor area. Parking areas servicing the commercial development must be separated from adjacent residential uses and must be screened and landscaped pursuant to Chapter 1108: in a manner acceptable to the Planning Commission.
D. Parking surfaces for vehicles and/or bicycles may be constructed of pervious parking surfaces as approved by the Community Development Department.
(10) Commercial Use Limitations. The following limitations apply to any commercial development permitted under Section 1104.02
(d)(1)D.:
A. Maximum Area. The total area of the site that may be developed commercially as provided in this Section must not exceed ten percent (10%) of the total (gross) area of the development site.
B. Location and Continuity. The Planning Commission may only permit commercial development in areas that abut arterial and collector streets.
C. Deed Restrictions/Property Maintenance. The developer is 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 Section. The developer must 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.
D. Signage. The following limitations apply to all signage within the commercial development area of the Preservation Alternate:
Monument Sign. One (1) on-site monument sign 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 pursuant to Section 1109.12
. Neither sign nor illumination may flash, rotate, scroll, be animated, or otherwise move.
Wall Signs.
• One (1) wall sign per establishment with an area not to exceed one (1) square foot of signage per linear foot of establishment frontage. These signs must not be illuminated.
• Signage may be placed on a non-illuminated cloth awning and substitute for any available wall sign.
Prohibited Signs.
• Any sign now or hereafter which no longer advertises a bona fide on-site business must 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 has the authority to cause removal of said signage and any expense incident thereto must be paid by the owner of the property on which the sign is located.
E. Lighting. Lighting in the commercial lighting area must be via decorative lampposts. Security lighting may be placed on walls or in-ground, in consultation with and approval of the Community Development and Police Departments. Such illumination must not cause glare upon the street or adjacent residential properties.
(e) Application and Review Procedures. Applications for Preservation Alternate development must be submitted for review and approval in accordance with the provisions of this section.
(1) Pre-application Conference. Prior to formal submission of an application and development plans for a Preservation Alternate development, the applicant is encouraged to participate in an informational pre-application conference with appropriate City staff.
(2) Application. The owner or developer must submit to the Community Development Department an application for Preservation Alternate development. Said application must include:
A. Any required fee(s).
B. Eighteen (18) copies of the Preliminary Development Plan.
C. The proposed forms of covenants and deed restrictions, including those with respect to the use and perpetual maintenance of common land and/or private streets.
(3) Preliminary Development Plan Requirements. Preliminary Development Plans submitted with applications for Preservation Alternate developments must be prepared by persons professionally qualified to prepare such plans and must include:
A. The name(s) and address(es) of the owner(s) and developer(s).
B. A scale, north arrow, and date.
C. The proposed assignment of use and subdivision of land, including the proposed locations of any non-residential buildings.
D. The proposed vehicular, bicycle and pedestrian traffic patterns, including the proposed location and design of public streets and easements. The names, locations, and dimensions of existing streets and easements.
E. Preliminary plans for provisions of utilities.
F. Proposed parking layout, including ingress and egress.
G. A boundary survey of the entire proposed Preservation Alternate development.
H. The proposed dimensions of all lots.
I. Topography showing contours at an interval of two (2) feet or less.
J. A table showing the total number of acres to be developed and the amount of acreage to be used for each type of use, including lots, streets, parking areas, recreational and open space areas, and other facilities. Such table must list the total number of dwellings proposed.
K. Identification of natural features, water courses, wetlands, and flood areas.
L. Anticipated development phasing and scheduling.
M. Preliminary plans for the installation of landscaping.
(Ord. 2021-057. Passed 6-16-21.)