(A) Purpose.
(1) The regulations contained in this section are established to achieve or otherwise promote one or more of the following amenities or objectives in a new development: (a) imaginative design; (b) preservation of natural features such as floodplains, woodlands, wetlands, bluffs and ravines; (c) open space; (d) landscaped berms and buffers; (e) recreational facilities; (f) stormwater retention facilities; (g) diverse housing types and housing types that are available only in limited supplies in the community; (h) housing that supports alternative modes of fransportation through proximity to train stations, bicycle and pedestrian paths and similar facilities; (i) development that supports and brings vitality to the business districts; and (j) housing near community institutions or (k) such other amenities as the City Council may determine will serve the purposes of this section and be in the public interest. The standards contained in this section and § 159.048 are intended to provide a development alternative to the zoning standards applicable to the underlying zoning for the property. To be eligible for approval, proposed developments must, in the determination of the City Council based on consideration of the findings and recommendation of the Plan Commission: (a) serve the purposes stated in this division (A); (b) comply with all applicable requirements of this § 159.047, including the standards stated in the appropriate section of division (A)(2), below; (c) be in the public interest; (d) be compatible with the character of the city; and (e) be in accord with the principles set forth in the Comprehensive Plan of the city.
(2) Additionally, each of the individual types of planned developments was created for the following purposes:
(a) Planned preservation subdivision development. The planned preservation subdivision provisions, as further set forth in § 159.048, permit creation of developments which preserve and protect architecturally significant homes and estates, significant parts of the landscape heritage of the city or significant natural resources including, but not limited to, woodlands, prairies, wetlands, flood plains, and environmentally sensitive or significant open space, through the dedication or establishment of common open space and the use of innovative subdivision design techniques for single-family dwellings in residential disfricts. Notwithstanding anything in this section or § 159.048 to the contrary, the City Council may approve a planned preservation subdivision design that deviates from the generally applicable development standards of Chapters 156 and 159 of the city code (including, but not limited to, standards pertaining to the size, shape, and number of lots; density; setbacks; and building areas) if the City Council determines that such design will serve one or more of the purposes described in this paragraph.
(b) Planned multi-family development. The planned multi-family development provisions are established to provide a safe and desirable living environment characterized by a unified building and site development plan, to preserve natural features of the site, to provide adequate open space for passive recreation and other outdoor living purposes and to offer diverse housing within walking distance of restaurants, stores and services.
(c) Planned business development. The planned business development provisions are established to provide opportunities to strengthen the economic viability and enhance the aesthetic qualities of the business districts through the promotion of larger scale (rather than parcel by parcel) developments of a unified design, which may include shared parking and other amenities. Such developments are intended to provide economic benefit to the community, property owners, and businesses, which benefits may be achieved by various means including by encouraging investment in the community and providing goods and services to support the overall welfare of the community.
(C) Planned multi-family development.
(1) Permissible zones. A planned multi-family development shall be permitted only in the GR-4, GR-3, GR-2 and GR-1 General Residence Districts and in the O-1, Office District.
(2) Site standards - general. Planned multi-family developments shall:
(a) Be permitted on zoning lots the minimum size of which are in accordance with the provisions of each district.
(b) Be served by public water supply and be connected to the public sanitary sewer system.
(c) Have adequate public street frontage to construct the necessary road or roads needed to serve such development.
(3) Development standards - specific.
(a) Except as otherwise provided herein, the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district or districts in which the development is located. Net development area shall be determined by subtracting from the goss development area the area set aside for nonresidential uses and the area devoted to public or private streets or roads. The area of land set aside for common open space or recreational use and off-street parking may be included in determining the number of dwelling units permitted.
(b) The land area covered by the main building or buildings shall not exceed 30% of the net development area.
(c) Along the periphery, yards shall be provided as required by the regulations of the district in which such development is located; provided, however, that such requirement might be modified on a showing by the applicant of a more workable or compatible arrangement.
(d) The spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this chapter on separate zoning lots.
(e) Upon recommendation of the Plan Commission and approval by the City Council the lot area provided for each dwelling unit may be reduced to 2,650 square feet in the GR-2 District.
(f) Upon recommendation of the Plan Commission and approval by the City Council the lot area provided for each dwelling unit may be reduced to 1,700 square feet in the GR-1 District if underground parking is provided for at least 75% of all parking on the site.
(4) Open space regulations and maintenance. In planned multi-family developments, where ownership rests with those who reside within the development, the developers shall prepare and file with the city, for review by the City Attorney, documents establishing a homeowner’s association composed of all future owners ofthe development with the responsibility of continuously regulating and maintaining all open space and other common elements of the development.
(5) Required plans, plats and procedures.
(a) Any applicant for a planned multi-family development under these regulations shall file with the Community Development Departnent, an application including the following information:
1. A statement describing the general character or the intended development together with such pertinent information as may be necessary to determine whether the contemplated development conforms to the requirements of this section and the general and specific standards established herein;
2. A site plan indicating the arrangement and tentative location of buildings, uses pennitted, land to be preserved as permanent common open space, parking and loading spaces and other special features of the development plan;
3. A draft of the proposed protective covenants whereby the owner proposes to regulate land use and otherwise protect the development;
4. A draft of any proposed incorporation agreement and a draft of any bylaws or easement declaration conceming maintenance of open space and other common facilities;
5. Architectural elevation and perspective drawings of all proposed structures and improvements;
6. A development schedule indicating:
a. The approximate date when constuction of the project can be expected to begin;
b. The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin;
c. The anticipated rate of development;
d. The approximate dates when development of each of the stages will be completed; and
e. The area and location of common open space that will be provided at each stage.
7. A landscaping plan including a comprehensive drainage plan;
8. A statement of proposed financing and financial assurance acceptable to the City Council, in consultation with the City Attorney guaranteeing that once any stage of a development is started it will be completed; and
9. A tentative plat of subdivision prepared in accordance with all provisions of Chapter 156 of this city code.
(b) The planned multi-family development shall be examined and evaluated by the Plan Commission in terms of the statement of purpose contained herein, and may be recommended for approval only after a determination has been made that the proposed development does in fact serve such purpose.
(c) No planned multi-family development shall be recommended by the Plan Commission for approval by the City Council unless such complies with all of the other standards provided in Chapter 156 of this city code unless a variance is specifically recommended.
(D) Planned business development.
(1) Permissible zones. A planned business development shall be permitted only in the B-l, Neighborhood Business Distict; B-2, Community Business District, B-3, Traditional Business District; or B-4, Preservation Business District.
(2) Site standards. A planned business development shall be permitted only on zoning lots of 40,000 square feet or more.
(3) Development standards.
(a) In a planned business development, the total goss floor area shall not exceed three times the area of the zoning lot on which the planned business development is located.
(b) In a planned business development, the bulk requirements of the applicable zoning district may be modified in accordance with a comprehensive site development plan.
(c) In a planned business development, if 75% or more of all on site off-street parking is located undergound or in a basement substantially screened from view from the outside, the total goss floor area specified in division (D)(3)(a) above, may be increased by 15%.
(d) In a planned business development, if a 20-foot setback is provided along one or more streets on which the planned business development fronts, the total gross floor area specified in division (D)(3)(a) above, may be increased by 5% for each such street setback.
(e) In a planned business development, multiple-family dwellings may be permitted with a minimum zoning lot area per dwelling unit of 2,000 square feet.
Additionally, the gross floor area devoted to dwelling units shall not exceed the gross floor area devoted to business uses.
(4) Required plans, plats and procedures.
(a) Any applicant for a planned business development under these regulations shall file with the Plan Commission an application, including the following information:
1. A statement describing the general character of the intended development together with such pertinent information as may be necessary to determine whether the contemplated development conforms to the requirements of this section and the general and specific standards established herein;
2. A site plan indicating the arrangement and tentative location of buildings, uses permitted, open space and landscaped areas, pedestrian walkway areas, parking and loading spaces and facilities, and other special features of the development plan;
3. Architectural elevations and perspective drawings of all proposed structures and improvements;
4. A development schedule indicating:
a. The approximate date when construction of the project can be expected to begin;
b. The stages, if any, in which the project will be built and the approximate dates when construction of each stage can be expected to begin;
c. The anticipated rate of development; and
d. The approximate dates when development of each of the stages will be completed.
5. A landscape plan including a comprehensive drainage plan;
6. A statement of proposed financing and financial assurances acceptable to the City Council in consultation with the City Attorney guaranteeing that once any stage of a development is started it will be completed; and
7. A tentative plat of subdivision prepared in accordance with all provisions of Chapter 156.
a. The planned business development shall be examined and evaluated by the Plan Commission in terms of the statement of purpose contained herein, and the Plan Commission may recommend such planned business development for approval by the City Council only after a determination has been made that the proposed development does in fact serve such purpose.
b. No planned business development shall be recommended by the Plan Commission for approval by the City Council unless such complies with all of the standards provided in Chapter 156 of the city code unless a variance is specifically recommended.
(E) Overriding authority. Notwithstanding any deviation from the provisions otherwise set forth in this section, § 159.048, or other applicable provisions of this Chapter 159 or Chapter 156 of the city code, the City Council may approve any planned development regardless of type that will, in the Council’s legislative judgment, promote the public health, safety, or welfare of the city and its residents.
(Prior Code, § 46-26) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 95-26, passed 8-7-1995; Ord. 2017-08, passed 2-21-2017)