(a) Purpose. A Planned Unit Residential Development (PURD) may be conditionally permitted in an R-1, R-2, R-3 and R-4 Residential District in accordance with the standards and regulations established in this Zoning Ordinance. It is the intent of this subsection to permit flexibility in the design of single-family residential developments through departure from the strict application of the setback, height, and minimum lot size requirements of the residential districts, while maintaining the overall density objectives of the Zoning Ordinance. Specifically, the flexible development standards for a Planned Unit Residential Development shall:
(1) Permit a creative approach to the development of residential land;
(2) Accomplish a more desirable environment than would be possible through the strict application of the minimum requirements of the Zoning Ordinance;
(3) Provide for an efficient use of land, resulting in smaller networks of utilities and streets and thereby lower housing costs;
(4) Enhance the appearance of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space in excess of existing zoning and subdivision requirements.
(5) Provide an opportunity for new approaches to home ownership;
(6) Provide an environment of stable character compatible with surrounding residential areas;
(7) Provide a pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion.
(b) Voluntary Development Procedure. Use of the Planned Unit Residential Development is not mandatory for the development of any parcel of land. The intent and purpose of this process is to provide a voluntary development procedure which maximizes the utilization of land primarily for the benefit, use, ownership and enjoyment of the future residents of that area and the existing residents of the Municipality. In a Planned Unit Residential Development, open space and common recreation areas and facilities are the environmental and livability benefits furnished to the home owner and community in lieu of large individual lots.
(c) Approval Criteria. A PURD shall be approved by the Planning Commission and Council as a conditional use. In addition to the general review criteria for conditional uses set forth in Section 1141.02. The Planning Commission and Council shall review a proposed PURD giving particular consideration to the following:
(1) Uses within the proposed PURD shall be located so as to reduce any adverse influences and to protect the residential character of areas both within and adjacent to the PURD;
(2) Lot layout shall achieve the best possible relationship between the development and the land;
(3) Roadway systems, entrances, exits, recreation areas and pedestrian walkways within the PURD shall be so designed as to have access to public, primary and secondary streets without creating traffic hazards or congestion;
(4) The layout of recreation areas, open spaces, public sites, entrances, exits, yards, landscaping, signs, lighting and other potentially adverse influences shall be designed and located to protect the residential character within and adjacent to the PURD.
(d) Permitted Uses. As part of a conditionally permitted PURD, the following uses and dwelling types shall be permitted:
(1) Single-family residential dwellings on subdivided lots;
(2) Cluster single-family residential dwellings;
(3) Two-family residential dwellings;
(4) Attached single-family residential dwelling units;
(5) Accessory uses provided such uses are incidental to the principal use and do not include any activity conducted as a business.
(e) Land Area Requirements. The gross area of a tract of land proposed to be developed in a PURD shall be no less than ten acres. The area proposed for development shall be in one ownership or, if in several ownerships, the application shall be filed jointly by all the owners of the properties included in the plan. All land within the proposed development shall be contiguous except as may be divided by a public street right-of-way other than a limited access highway.
(f) Development Standards. A PURD approved as a conditional use may vary from the standard requirements of the district as follows in order to achieve the goals of this Section and of the district in which the PURD is located.
(1) Subdivision of Tract. The entire tract of land proposed for a PURD shall be considered one zoning lot. Any subdivision of land within the zoning lot following approval of the site plan, at the election of the applicant, shall not need to comply with the lot area, lot width or yard requirements established for the district in which the PURD is located.
(2) Density. The density of a PURD shall not exceed 0.8 dwelling units per acre in an R-1 District, provided that on any single acre within the R-1 District the density shall not exceed 4 dwelling units per acre. The density of a PURD shall not exceed 1.9 dwelling units per acre in an R-2 District, 2.3 dwelling units per acre in an R-3 District, and 2.6 dwelling units per acre in an R-4 District, provided that on any single acre within an R-2, R-3 or R-4 District the density shall not exceed 6 dwelling units per acre. The total number of units permitted shall be calculated by multiplying the total land area by the density permitted per acre.
(3) Distance from Project Boundary Lines. All dwelling units shall be located no closer than 25 feet to a proposed public right-of-way and 25 feet to the side and rear lot lines of the project boundary. Dwelling units fronting on an existing public street shall comply with the minimum front yard depth established for the district in which the PURD is located.
(4) Spacing Between Buildings. Two or more individual buildings within the PURD, including attached terraces, decks and patios, shall be separated from one another by a minimum distance of 10 feet, or equal to one-half the building wall overlap whichever is greater, provided that when the walls of one or both buildings contain living room, bedroom or dining room windows, the separation shall be 60 feet. In no case shall the separation be required to exceed 60 feet.
(5) Open Space Requirements. A minimum of 20 percent of the total area in a proposed PURD shall be devoted to public and/or private open space, preservation areas, recreational areas, or recreational facilities.
A. Land area devoted to parking areas, land fragments between two or more buildings and between buildings and parking areas, and required yards between property lines and buildings and between property lines and parking areas shall not be included as open space.
B. Public utility and similar easements and rights-of-way are not acceptable for common open space dedication unless such land or right-of-way is useable as a trail or similar purpose and has been approved by the Planning Commission.
C. The required amount of open space reserved under a PURD shall either be:
1. Dedicated to the Municipality for park purposes of any open space of five acres or more subject to its acceptance by Council.
2. Dedicated to a Homeowner's Association. An incorporated, non-profit organization operating under recorded land agreements through which each home owner in the PURD is automatically a member; and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and the charge, if unpaid, becomes a lien against the property.
3. Held in corporate ownership by owners of the project area, for the use of each owner who buys property within the development.
D. The legal articles relating the organization of the homeowners association are subject to review and approval by the Planning Commission and Council and shall provide adequate provisions for the perpetual care and maintenance of all common areas.
E. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
F. Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(6) Public Improvement Requirements. Central sanitary sewer and water facilities shall be provided for all units within the PURD. All utilities, including telephone, cable television, and electrical systems, shall be located underground within the limits of the PURD. Appurtenances to these systems which can be effectively screened may be exempted from this requirement if the Planning Commission and Council find that such exemption will not violate the intent or character of the proposed PURD.
(7) Additional Standards. Additional site specific development requirements formulated to achieve the objectives of these regulations shall be established at the time the conditional use request and development plan are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the PURD and shall supersede those contained in the district regulations.
(g) Supplemental Requirements. A PURD shall comply with the following supplemental requirements.
(1) Landscaping. All street right-of-ways and common open space shall be landscaped according to an overall plan and shall be implemented by phases as units are completed and weather permits. Natural wooded areas shall be preserved and maintained for landscaping and screening to the greatest extent possible.
(2) Topography - Natural Features. The PURD shall be designed to take advantage of the topography of the land in order to utilize the natural contours, and to minimize destruction of water courses, natural vegetation, trees, and topsoil.
(3) Grading. Grading and site preparation for areas other than building sites, streets, sidewalks and utilities shall be limited to disturbing the minimum amount of vegetation and other topographic features.
(4) Development Layout. Streets and cul-de-sacs shall be laid out so as to utilize natural contours and discourage through and high speed traffic.
(5) Circulation.
A. Wherever possible, the major vehicular and pedestrian circulation patterns shall be completely separate and independent from one another.
B. Street and sidewalk alignments, and the alignments for utilities should be parallel to contours, in valleys or on ridges where possible, in common open areas, and, as permitted by the Planning Commission and Council, in areas served by private drives or cul-de-sac streets.
(6) Phased Development. If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases and to adjoining property. A performance bond on the total improvements and amenities shall be furnished to the City prior to initiating construction on the first phase of the development.
(h) Procedures. A proposal for a PURD shall comply with the following administrative provisions.
(1) Site Plan Review, Approval and Conformance. A site plan for a PURD shall be required as set forth in Chapter 1163 in order to evaluate a project's compatibility with the surrounding land uses and its compliance with these regulations. Such site plan shall be approved by Planning Commission and Council.
(2) Significance Of An Approved Plan. An approved site plan shall become for the PURD a binding commitment of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. Such a transfer shall occur only upon approval of City Council. A request for such a transfer or change of ownership shall be presented to City Council and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original site plan.
(3) Changes to An Approved Plan. All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from the approved plans shall be cause for revocation of the conditional zoning certificate. Any changes in approved plans shall be resubmitted for approval in accordance with these PURD regulations.
(Ord. 3-95. Passed 1-17-95)