1163.05 PLANNED UNIT DEVELOPMENT DISTRICT.
(a) Purpose.
(1) It is desirable that a zoning district be established which will permit the application of modern planning techniques in the development of residential areas; provide for a variety of housing types; promote the clustering of detached and attached single family dwellings; establish suitable recreational uses within or adjacent to such residential areas; preserve unique site features and natural amenities; and assure that, through the benefit of preplanning, proper design is achieved through the acceptance of a development plan at the time the property is rezoned.
(2) In determining whether or not to establish a Planned Unit Development District, and in reviewing the application and the development plans for such a district, the Planning Commission and Council shall take into consideration the effect the district and its development will have on property in the vicinity, population density, open space, traffic volumes and patterns, the availability and provision of essential services, (particularly water and sewage disposal), the need for adequate open space topography, unique natural features of the site, and the general health, safety and welfare of the community and the residents thereof. (Ord. 3-1989. Passed 7-7-89.)
(b) Uses Permitted.
(1) Planned Unit Developments permitting any of the following residential uses when complying with the regulations herein: single-family dwellings, two-family dwellings, attached single-family dwellings, community and recreational facilities, and open space.
(2) Standard single-family subdivision when developed according to the regulations of Section 1163.02.
(3) The following conditional uses, when approved according to Section 1137.04:
A. Public and parochial schools.
B. Churches.
C. Public utilities.
(4) Home occupations, including residential professional offices, as an accessory use when complying with the criteria and standards of Section 1171.17. (Ord. 121-1990. Passed 3-14-91.)
(c) Minimum Site Area. The minimum site area for a Planned Unit Development shall not be less than twenty-five contiguous acres. Land on the opposite sides of an existing dedicated road may be considered as contiguous; however, the land within the right of way of such road shall not be considered in the land area of the P.U.D.
(d) Maximum Density. The maximum density shall be five units per acre provided further that the maximum density of any one acre within the development shall not exceed twelve units. For the purposes of this section, an acre shall be approximately a square in shape with approximately 210 feet per side. Total number of units permitted shall be calculated by multiplying the total land area, exclusive of existing public streets at the time the plan is submitted, by the maximum density allowable per acre.
(e) Open Space Requirements. A minimum of twenty percent (20%) of the development site shall be devoted to outdoor recreation open space, or preserved in its natural state.
(1) The open space shall be designated on the site plan for the project.
(2) The open space shall be located and be of such size and shape to serve the intended purpose and be accessible and convenient to the residents.
(3) The open space shall not include parking lots or access drives, or the minimum space between buildings, space between parking and building, space between parking and property lines, minimum spacing between property lines and buildings, or any other such land fragments unless the Planning Commission and Council, upon approving the Development Plan, determines that these spaces meet the open space objectives of this section, and should thus be considered as satisfying part of the minimum open space requirement.
(f) Minimum Unit Sizes. Each dwelling unit in a planned development shall have minimum floor areas according to the following:
(1) Single-family dwelling with basement - 1,350 square feet.
(2) Single family dwelling without basement - 1,500 square feet.
(3) Any single family dwelling with more than one story shall have a minimum area of 850 square feet for any one of its floors.
(4) Attached single family or townhouse - 1,200 square feet.
(5) In addition to the areas specified, all dwelling units shall have an additional 150 square feet for each bedroom over three.
(6) Minimum floor areas shall be exclusive of basements, breezeways, attics, garages and similar accessory structures.
(g) Building Arrangement and Spacing. In order to further assure that a Planned Unit Development preserves the site's natural features, is consistent with the low density residential environment of Macedonia, and maintains individual privacy, a Planned Unit Development shall comply with the following:
(1) A maximum of eight units shall be attached or contained in a single building provided further that a lesser number of units per building may be approved if the Planning Commission determines that the design as proposed is inconsistent with the purposes of this section, does not enhance individual unit privacy or identity, and is inconsistent with the overall project design.
(2) The minimum space between buildings shall be thirty feet.
(3) The arrangement of units within each building or between buildings shall maximize the privacy of each unit by providing screening walls and private yards, where appropriate.
(4) Setback lines. The minimum setback lines for all dwelling units shall be seventy feet from an existing public street right-of-way line. For newly constructed public streets within the planned development, the setback line shall be approved with the development plan.
(5) Side and rear yards. No dwelling unit or accessory buildings shall be less than:
A. Twenty feet from a property line adjacent to a nonresidential zoning district, a P.U.D. district, an interstate highway, or utility corridor, provided that the required setback shall be increased by one foot for every foot of wall length along the adjacent property line exceeding thirty feet in length, provided that in no event shall the required setback exceed ninety feet, and
B. Ninety feet from a property line adjacent to any residential (R-1) district.
(h) Street and Parking Construction.
(1) Private streets may be approved as part of the general development plan when:
A. Specifically designed and intended for local access and primarily to serve the residents of the proposed development;
(2) When approving the development plan, the Planning Commission and Council may waive the requirement that curbs and sidewalks be provided when the Commission and Council determine that adequate alternative means for drainage and pedestrian movements are provided in the project. If a curb is not provided, the edge of the pavement shall be grassed, seeded and well maintained and the storm drainage system shall be adequately designed to prohibit standing water, except in approved locations, and to avoid run-off in open ditches.
(3) All parking, circulation and loading service areas shall be hard-surfaced bituminous concrete, concrete or similar material, free from dust.
(4) Garbage and trash receptacles must be enclosed with the enclosure designed and located to blend with the architecture and character of the project.
(i) General Development Plan.
(1) At the time a Planned Unit Development District is established, a development plan for the property to be rezoned shall have been filed by the owner (or owners) of the land to be rezoned, and approved by the Planning Commission and Council. The development plan shall be approved concurrently with the rezoning of the land. Such development plan may be set forth on one or more maps, or in one or more instruments, and shall have been drawn to scale, signed by all the land owners, and shall have been prepared by an architect, engineer or land planner authorized to practice in the State, and shall show the following: A. The boundaries of the district and total land area.
B. The topography of the district.
C. The proposed circulation system.
D. The location and arrangement of all dwelling units, whether single family, two family, attached or apartments, including the unit size, spacing between buildings, spacing between buildings and parking, private yards, garages, screening walls.
E. Preliminary architectural drawings including floor plans, elevations and exterior building materials.
F. The area to be preserved as open space and a general landscaping plan.
G. Descriptive data as to the methods to be employed to preserve and maintain the open space.
H. Accessory community facilities and recreational uses with related parking if required.
I. A table summarizing the total number of dwelling units and density. If appropriate, the table should indicate dwelling units and density for sub-areas of the project.
J. Location of proposed parking lots.
K. Layout and descriptive data, as necessary, to explain how sewer, water and similar utilities will be provided with in the district.
L. Anticipated development phasing, including construction of open space, community or recreational facilities in reasonable proportion to the development of the residential units.
(2) Prior to Planning Commission approval of the general development plan, or amendments thereto, the proposed plan shall be referred to the City Engineer, Police Chief and Fire Chief who, respectively, shall review the plans and submit a written report to the Planning Commission which indicates whether the plans cannot or should not be constructed in substantial conformity to the plans as proposed. These reports shall be transmitted with the approved plan for consideration by Council.
(3) Upon rezoning final development plans for each phase of construction shall be submitted to and approved by the Planning Commission according to Section 1137.05. No building or other structure shall be constructed within a Planned Unit Development District until the Zoning Inspector has issued a zoning certificate approving the construction plan for such building when the Zoning Inspector finds that final plans have been approved by the Planning Commission, the proposed construction is substantially in accordance with the approved development plan and the site construction plans have been approved by the City Engineer, the Fire Chief and Police Chief have recommended the Plan for approval, and the owner has satisfied all the requirements of this section.
(4) Such development plan shall be binding upon the property until amended. In the development of a Planned Unit Development, it is recognized that flexibility is desirable and that, from time to time, amendments to the development plan may be appropriate. Accordingly, if at any time the owner or owners shall determine that an amendment is appropriate, an application for an amendment to the plan may be filed with the Planning Commission. Amendments shall be approved by the Planning Commission in accordance with procedures for conditional uses in Section 1137.04 provided that such amendment is confirmed by a resolution of Council.
(Ord. 3-1989. Passed 7-7-89.)