(a) Lot and Density Regulations.
(1) There shall be no minimum lot area for individual lots within a PD. However, the MPC and City Council shall have the authority to restrict densities based on the compatibility of the development with surrounding development, the scale of the overall project, traffic impacts, and recommendations from adopted plans.
(2) The maximum gross density of any PD District that contains residential uses shall be as established in Table 1107-1.
Proposed Uses or Location | Maximum Gross Density |
Mixed-use buildings in a PD adjacent to the CB District or within 1,000 feet of the CB District | 20 units per acre |
Mixed-use buildings or residential uses in a PD District that was originally zoned GB or is adjacent to a GB District | 16 units per acre |
PD Districts where 75 percent or more of the dwelling units will be contained in buildings with 6 or more dwelling units per structure | 12 units per acre |
All other types of PD Districts | 8 units per acre |
(3) The PD Development Plan shall illustrate lot areas and setbacks (e.g., building area for each lot) for each lot.
(4) Every building in a PD shall have access either to a street, walkway, or other area dedicated to common use.
(5) In PDs with residential dwelling units, the privacy of future residents shall be assured by yards, creative building arrangements, screening and other design elements.
(b) Design and Development Standards. Where this code provides for design and development standards (e.g., parking, landscaping, architectural standards, etc.) not specifically addressed in this chapter, development within a PD shall comply with the applicable standard found elsewhere in the code, unless modified by the MPC and City Council.
(1) Subdivision Compliance. Unless alternative standards are approved as part of a subdivision modification, all PDs shall comply with the applicable subdivision improvement and design standards established in Chapter 1114: Subdivision Design.
(2) Streets. All streets proposed within a PD shall be public streets, dedicated to the City of Mount Vernon in accordance with the applicable subdivision regulations, unless otherwise approved by the MPC and City Council as part of the PD Development Plan approval.
(3) Landscaping and Screening.
A. All uses in a PD shall comply with the applicable landscaping and screening requirements of Chapter 1111: Landscaping and Screening, which shall be established as the minimum landscaping and screening requirements.
B. All development and common open space shall be landscaped according to an overall coordinated plan, utilizing a variety of trees, including evergreen type trees whenever possible to maximize screening potential year-round. Plantings, walls, fencing and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile sight distances.
C. The amount of landscaping shall be comparable to the intensity of the development proposed to soften the developed areas. Particular care shall be taken to introduce trees and other landscaping into parking and other paved areas that are sustainable given the proximity to large expanses of pavement.
D. Outdoor areas or containers holding or storing trash, garbage, recycled or reused materials shall be screened on three sides from adjoining properties, streets and other public areas. Such areas or containers shall be screened in accordance with this code and shall include a decorative gate for access.
E. Project Buffer.
i. PDs that contain nonresidential uses or residential uses of a higher density or intensity than of adjacent residential uses shall be required to provide a permanent landscaping buffer consisting of mounding and vegetative plantings sufficient to protect the privacy and amenity of such adjoining areas. The buffer area shall be a minimum of thirty-five (35) feet in width unless otherwise approved by the MPC and City Council.
ii. The buffer area shall be maintained by the land owner or owners' association in such a manner as to insure its effectiveness.
iii. The project buffer area shall not be included in the calculation for the lot area of any private lot.
(4) Common Open Space.
A. Common open space shall be required in all applications where there is a proposed PD that contains any residential uses unless all the residential dwelling units are contained within mixed use buildings.
B. The common open space requirements for a PD shall be based on the proposed residential density and shall be in accordance with Table 1107-2. The MPC and City Council may approve a reduction in the required common open space set-aside area due to proximity to existing parks and permanent open spaces or where a smaller area of open space will result in enhanced amenities for the development and/or City.
C. In the case of phased developments, open space shall be provided in proportion with each developed phase.
Proposed Residential Density (Gross Density) | Require Common Open Space Set-Aside | |
Minimum % of Improved Open Space | Total % of Open Space | |
Under 12 Dwelling Units per Acre | 5 Percent | 15 Percent |
12 to 18 Dwelling Units Per Acre | 7 Percent | 10 Percent |
Over 18 Dwelling Units Per Acre | 10 Percent | 10 Percent |
D. Where a minimum percentage of open space is required to be improved open space, that percentage shall be based on the gross site area of the proposed project, including all rights-of-way.
E. The area of improved open space may also count toward the total percentage of open space for the entire project, which shall also be based on the gross site area of the proposed project, including all rights-of-way.
F. Areas Counted as Improved Open Space. For the purposes of complying with this subsection, the following features shall be credited towards the improved open space requirements, if approved as such by City Council in review of the open space:
i. Land occupied by active recreational uses such as pools, ball fields, playgrounds, tennis courts, jogging trails, and residential community centers used primarily for recreation purposes.
ii. Formally planned and regularly maintained open areas that include arranged plantings, gardens, gazebos or similar structures, fountains, sculpture, and other forms of public art.
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Figure 1107 A: Formally planted areas and gardens can be credited toward
improved open space requirements.
iii. Squares, forecourts, plazas, parks, public art, sculpture or fountains or other water features designed in accordance with the standards in this subsection.
iv. Where such features provide a clear community benefit, City Council may credit plazas and sidewalk areas exceeding the minimum sidewalk width requirements that contain at least four of the following features towards the improved open space area requirements:
a) Seating elements;
b) Specialized or decorative paving features;
c) Pedestrian lighting beyond that required to illuminate public rights-of-way;
d) Arcades, canopies, awnings, or overhangs to shield pedestrians;
e) Street furnishings, including but not limited to planters, waste receptacles, bicycle racks, drinking fountains, or shelters for persons utilizing public transit; or
f) Community informational kiosks.
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Figure 1107 B: Features such as planters, seating elements, and sidewalk arcades
or overhangs can be credited towards improved open space.
G. Regulations for General Open Space.
i. Beyond any open space areas defined as improved open space, the open space may include fields, landscaped areas, natural areas, etc. that are not specifically excluded from the calculation by this chapter (See Section 1107.06(b)(4)H, below). Such spaces shall still comply with all general requirements for open space as established in this chapter.
ii. Stormwater management devices, including retention ponds, and other bio-retention devices, can be counted towards the overall open space requirement when such features are treated as a site amenity and to qualify, they shall support passive recreation uses by providing access, gentle slopes less than three-to-one (3:1), and pedestrian elements such as paths, benches, and similar aspects.
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Figure 1107 C: Illustrative example of a stormwater pond designed as a project amenity.
H. Areas and Uses Not Counted as Open Space. The following areas shall not be counted toward compliance with open space requirements:
i. Private and public roads, and associated rights-of-way;
ii. Public or private parking spaces, access ways, driveways, and other vehicular use areas;
iii. Required minimum spacing between buildings and required yard setbacks;
iv. Land that is subject to pre-existing conservation easements or other similar protected open spaces;
v. Above-ground buildings, pipes, apparatus, and other equipment for community or individual use, septic or sewage disposal systems;
vi. Substations or public utility easements;
vii. Dry stormwater detention basins or facilities;
viii. Leftover slivers of land that has no value for development, that is not part of a larger improved open space set aside, and is not a natural resource (e.g., river or stream corridor, large forest stand, wetland) that contributes to the quality of the overall project, as determined by the MPC and City Council.
I. Permitted Uses in Open Spaces. The following uses may be permitted in required open space:
i. Areas preserved in their natural state as wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented areas;
ii. Outdoor active or passive recreational uses for the use and/or enjoyment of the residents of the proposed development. Any restricted open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the MPC. Where deemed appropriate by the MPC, recreation areas shall be provided with sufficient parking and appropriate access;
iii. Utilized for the raising of crops when authorized in a conservation easement or in the association's covenants and restrictions; and
iv. Any other similar uses approved by the MPC during the applicable review procedure.
J. Design Standards for Open Spaces. Land set-aside as open space shall comply with the following standards:
i. All areas of open space shall be accessible to residents or users of the development by providing at least ten (10) feet of frontage on a public street.
ii. All areas of the open space shall have a minimum width of fifty (50) feet with the exception of trails and sidewalks that may provide access to the required open space, in which case, those areas of sidewalks and trails may be as narrow as ten (10) feet in width.
iii. The open space shall be located and designed to the satisfaction of the MPC and shall be sufficiently aggregated to create large areas of planned open space.
iv. The open space shall conserve significant topographic and landscape natural features to the extent practicable.
v. Any area within the open space that is disturbed during construction or otherwise not preserved in its natural state, shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
vi. All open space required by this chapter, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on all approved plans.
vii. Where open areas, trails, parks, or other open space resources are planned or exist adjacent to development, the open space shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the presently existing trail, park, or other open area land.
(5) Protection and Maintenance of Common Open Space. Adequate provision shall be made for the long-term maintenance and/or operation of all common open space in accordance with this section.
A. Reclamation of Disturbed Open Space. Any required land areas designated for use as open space that are disturbed during construction or otherwise not preserved in their natural state, shall be landscaped with non-invasive vegetation that appeared in those respective areas prior to construction or with other native vegetation. The planting of invasive plant species is prohibited.
B. Future Subdivision and Development of Open Space. All required open space shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City of Mount Vernon and duly recorded in the office of the Knox County Recorder. Subject to permanent restrictions as set forth above, required open space in an open space residential subdivision shall be owned by a homeowners' association, a land trust or other conservation organization, or by a similar entity recognized by the City of Mount Vernon. Required open space may be held by the individual members of a homeowners' association as tenants-in-common or may be held in common ownership by a homeowners' association, community association, or other similar legal entity.
C. Conservation Easements. With the permission of the City of Mount Vernon, the owner(s) of required open space may, in accordance with the applicable provisions of the ORC, grant or transfer a conservation easement to any entity described in the ORC, provided that the entity and the provisions of the conservation easements are acceptable to the City of Mount Vernon. When a conservation easement is proposed as the method of restricting further subdivision of land designated as open space, the City of Mount Vernon shall be named as a party to such conservation easement with approval authority over any changes thereto. The conveyance must contain appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easements under the ORC, in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.
D. Property Owners' Associations. The following shall apply where a property owners' association (including homeowners' associations) will be established to maintain any open space or other common areas as required by this article:
i. A property owners' association shall be established to permanently maintain all open space, common areas and conservation easements related to the open space unless such open space is preserved in another manner allowed by this chapter.
ii. All homeowners' association agreements shall be submitted for approval as part of a zoning certificate, conditional use, planned development application, as applicable. Copies of the proposed covenants, articles of incorporation, and bylaws of the association shall be submitted with said agreements. No set of proposed covenants, articles of incorporation, or bylaws of a property owners' association shall permit the abrogation of any duties set forth in this section.
iii. All property owners' associations shall guarantee maintenance of all open space and common areas within the boundaries of the development. In the event of a failure to maintain such open space or common areas, the City may do any of the following:
a) If the open space or common area is owned by the City, a City-approved land trust or other qualified organization, county, state or park district, the City may remedy the failure to maintain at its own cost and seek reimbursement from the property owners' association, or seek to enforce the property owners' association's duty to maintain through an injunction or any other civil remedy.
b) If the open space or common area exists pursuant to a conservation easement to which the City is a party, the City may seek to enforce the terms of the conservation easement as provided in Section 1107.06(b)(5)C.
iv. If the open space or common area is owned jointly or in common by the owners of the building lots, or by any other owner of the property to be maintained, the City may seek to enforce the association's nonperformance of its obligations and duties through an injunction or any other civil remedy.
(6) Signs.
A. Signs shall be integrated into the building and landscaping plans to enhance the overall appearance while providing adequate identification of the development.
B. The requirements of Chapter 1113: Signs, may only be waived as part of the approval of the PD Development Plan when the applicant submits a master sign plan for the entire PD. In such cases, the master sign plan shall allow for an increase of up to ten percent (10%) more total sign area, for each sign allowance, than allowed in Chapter 1113: Signs.
(7) Development Layout. Dwelling units shall be grouped or clustered to provide interest and diversity in the arrangement, maximize privacy, collect and maximize the common open space and promote the individual character and coordinated layout of each lot, cluster and grouping. Streets and cul-de-sacs shall be laid out so as to discourage through and high-speed traffic unless such through street is needed to be in compliance with the approved City plans.
(8) Vehicular Access Points.
A. Adequate and properly arranged facilities for internal pedestrian and traffic circulations shall be provided.
B. Topography, landscaping and existing vegetative clusters shall be utilized as necessary to make the project attractive and provide screening between areas of substantially different character.
C. The street and thoroughfare network shall be designed to minimize truck and through traffic passing through residential areas of the development.
D. A minimum of two ingress and egress points shall be provided for any PD. If a PD is phased, each phase shall have a minimum of two (2) ingress and egress points at the time of construction. A reduction of this requirement may only be allowed if the applicant can demonstrate that a single ingress and egress point will provide for sufficient emergency access and/or evacuation of residents.
E. Where a PD is located adjacent to a vacant lot, connections shall be planned for the future connection to the future development of the vacant lot unless otherwise approved by the MPC and City Council. Where such connections are made, a temporary turnaround may be established and the future connection shall be noted on the PD Final Development Plan and the final subdivision plat. An easement shall be provided on the final plat of the subdivision to keep the land open in perpetuity for the connection.
(9) Circulation Plan.
A. The circulation system and parking facilities shall be designed to fully accommodate the automobile with safety and efficiency. Any driveway to arterial and collector streets shall be placed at locations where the traffic can be controlled and operated effectively with the minimum interference with the capacity and flow of the existing streets.
B. An interconnecting walkway system shall be designed to promote easy and direct barrier-free access, using accepted criteria, to all areas of the development in a carefully conceived total service plan while also considering the security of the residents in the design. Wherever possible, the vehicular and pedestrian circulation patterns shall be completely separate and independent of one another.
C. A PD shall consider bicycle plans adopted by the City and/or a regional agency, where applicable, on or adjacent to the site. A component of the bike plan which is proposed within a planned development shall be assured for public access by easements, agreements or covenants as may be appropriate after review by appropriate departments and approval by Council.
(Ord. 2024-032. Passed 7-22-24.)