(A) Except as otherwise provided in this section, applicable underlying zoning district requirements, other than land use restrictions described in § 150.271 above, are superseded by the approval of a final development plan for Planned Unit Development by the City Council. The final development plan establishes the requirements for Planned Unit Developments and shall govern and take precedence over underlying zoning district provisions except where the final development plan is silent as to a specific provision.
(B) Minimum lot requirements.
(1) Area, setback and height requirements that apply to the underlying zoning district shall be considered guidelines and may be departed from in the approval of the Planned Unit Development, except that building setbacks from all property lines which form the perimeter of the Planned Unit Development shall be a minimum of twenty (20) feet.
(2) No building/structure shall be located less than twenty (20) feet from the back of curb along local streets; no less than thirty (30) feet along collector streets; and, no less than fifty (50) feet along major thoroughfares.
(C) All Planned Unit Developments shall contain a minimum of five (5) acres of contiguous land, unless the city finds that a tract which contains less than five (5) acres of land is suitable as a Planned Unit Development by virtue of unusual condition(s). If the proposed development contains less than five (5) acres, the applicant must demonstrate the existence of one (1) or more of the following:
(1) Environmental features exist on the site which will be preserved through the Planned Unit Development process.
(2) The subject site is adjacent to an existing Planned Unit Development and the Planned Unit Development process will provide additional compatibility between the Planned Unit Developments.
(3) The property is located in a transitional area between two (2) different land uses or on a collector or major thoroughfare as identified in the comprehensive plan, thus justifying the need for varying types of uses.
(D) The net density of a Planned Unit Development shall correspond to the density regulations of the underlying zoning district as designated on the official zoning map. The City Council may consider a density transfer if the applicant is able to demonstrate such a need. A density transfer may be considered by the City Council in order to encourage the protection of natural resources; to enhance tree preservation; to allow limited development in an area with unusual building characteristics due to subsoil characteristics; or, to encourage creative land use. A density transfer may also be considered whereby lot sizes smaller than those normally required in the underlying district will be permitted on the developable land in return for leaving the natural resource areas open from development.
(E) In addition to public sites and open space dedication requirements as provided within Chapter 153 (Subdivision Regulations), a Planned Unit Development shall provide at least fifteen percent (15%) of the project area as open space. Open space is a landscaped area or areas available for the common use of and is accessible by all residents or occupants of the buildings within the Planned Unit Development. Open space shall be calculated on a net basis which excludes private yards, public rights-of-way, private streets from back of curb to back of curb or any areas within an easement. Dedicated public sites and open space shall not be used in calculating open space for a Planned Unit Development. The applicant shall be required to submit an open space plan illustrating the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area.
(F) All Planned Unit Developments shall have municipal sewer and water service available.
(G) No design standards shall be modified in any way which violates or compromises the fire and safety codes of the city.
(H) Subdivision review under the subdivision regulations shall be carried out simultaneously with the review of the Planned Unit Development. The plans required under this section shall be submitted in addition to or in a form which will satisfy the requirements of the subdivision regulations for preliminary and final plat approvals.
(Ord. 395, passed 7-6-2010)