(a) Types of PUD's. Subsequent to the approval by City Council, the designation of PUD may replace any existing zoning district, with the limitations described herein. There are two types of PUD's permitted under this zoning code:
(1) PUD-RES. A PUD may be predominately comprised of residential land uses of varying types and densities, in which case it is referred to as a PUD-RES. The tract of land proposed to be developed as a PUD-RES must be owned or controlled by one person or single entity.
(2) PUD-BUS. A PUD may also be a commercial or mixed use development, including commercial and residential uses, referred to and a PUD-BUS. The tract of land proposed to be developed as a PUD-BUS must be owned or controlled by one person or a single entity, and must be at least (1) contiguous acre in size.
(3) Upon approval of the Final Development Plan according to Section 1169.06, the Official Zoning Code shall be amended to include the approved regulatory language in the appendix of the code.
(b) Permitted Uses. The permitted uses in both the PUD-RES and PUD-BUS district are as set forth below:
(1) Permitted Uses - PUD-RES. An applicant may propose to include any mixture of permitted or conditional uses traditionally permitted in any residential district established in this zoning code, as well as land uses which are allowed as a permitted used in the C-1 district, provided that not more than twenty-five percent (25%) of the net acres in the development is devoted to non-residential uses. Non-residential uses must be conducive to providing services geared towards local neighborhood needs.
(2) Permitted Uses - PUD-BUS. An applicant may propose to include any mixture of non-residential land uses in a proposed PUD-BUS development that is permitted or is conditionally permitted in this zoning code. A PUD-BUS may include residential uses only if such uses are located on the upper floor(s) of a multi-story building.
(c) Development Standards and Guidelines. The following standards represent broad parameters under which all PUD developments must be designed.
(1) General Review Guidelines for Approval. In evaluating a proposed Development Plan, the following guidelines shall be used by the Planning Commission and City Council.
A. The PUD district is consistent with the goals and objectives of the NCH comprehensive plan.
B. The PUD district is an effective and unified treatment of the development possibilities of the project site, and the development plan makes appropriate provisions for the preservation of streams and stream banks, wooded cover, rough terrain and similar areas.
C. The PUD district is planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
D. Off-street parking and loading areas are provided in accordance with Chapter 1177, unless otherwise altered by the PUD.
E. There is a beneficial relationship between the proposed PUD district and the neighborhood/area in which it is to be established.
F. Evidence of sufficient or proposed off-site and on-site services and infrastructure is presented. Said services or infrastructure shall be in place at completion of construction of the project.
G. Common open spaces and recreational areas shall be accessible to the entire PUD and community in general.
H. Commercial uses shall be compatible with the character of the surrounding residential buildings.
I. Buildings should be sited in an orderly, non-random fashion. Long, unbroken building facades should be avoided.
J. Although not required, the projects should follow the recommendations as published by the U.S. Green Building Council.
(2) Central Water and Sewer Facilities. All structures in developments approved as a PUD must be served by central or public water and sewer facilities.
(3) Development Layout and Design. The design and layout of all PUDs shall display excellence in design by properly considering significant site features such as topography, natural drainage patterns, roadway access and circulation, surrounding land used, and general public welfare to result in desirable and sustainable land development. Attractive landscaped buffer areas shall be provided between the PUD and incompatible land use and activities.
(4) Utilities. All utility services in a PUD shall be entirely underground.
(5) Circulation. The pedestrian and vehicular circulation systems shall be designed to fully accommodate traffic generated by the development in a safe and efficient manner.
A. Internal local streets shall connect to existing street systems that are capable of handling the new traffic generated by the new development.
B. Pedestrian circulation systems shall connect to external pedestrian systems either through sidewalks or trails.
(6) Required Open Space and Common Land: Public open spaces shall be required as a condition of approval for any PUD. Public open spaces encompass several types of spaces including open, undeveloped land or public gathering spaces such as plazas, wider sidewalks for sidewalk cafés, urban gardens, expanded tree lawns, or pocket parks that encourage public gatherings.
A. PUD-RES
A minimum of twenty percent (20%) (excluding areas for vehicle parking and circulation) of the land developed for residential purposes in a PUD-RES project shall be reserved for common open space including undeveloped land and/or public gathering spaces. Clustering residential density is encouraged to preserve undeveloped open space.
B. PUD-BUS
A minimum of fifteen (15%) of the land developed in a PUD-BUS shall be reserved for public open spaces including undeveloped land and/or public gathering spaces.
This required amount of common space shall be established as common open space under one owner, and provisions shall be established for maintenance and care. The legal articles relating to any organizations of property owners in the development charged with such open space maintenance shall be submitted to the City. The City Council may require as a condition of final approval, any evidence deemed necessary to document that the required common space shall remain in its stated condition as long as the development exists, including but not limited to such legal documents as deed restrictions, conservations, easements.
(7) Clustering Residential Density:
A. PUD-RES
To achieve a clustering of residential density and to provide for the required common open space or public gathering area(s) in a PUD-RES, the lot area requirements for residential land uses may be reduced by up to twenty percent (20%) from the highest density residential use regulated under this code at the time of application for the type of residential use proposed (e.g. single family, two family or multi-family). The lot width and yard requirements for residential lots may also be reduced as needed to accommodate a variety of structural patterns, clustering designs, and housing types.
B. PUD-BUS
To achieve a sustainable mix of residential and business uses and public open spaces, the minimum floor area requirement for multi-family residential land uses may be reduced by up to 40%.
If the Planning Commission finds that any of the following conditions would be created by an increase in density, it may then deny or limit any increase in density by an amount that is sufficient to avoid the creation of any of the following conditions:
1. Congested or unsafe access to the planned development.
2. Traffic congestion in the streets which adjoin the planned development.
3. An excessive burden on parks, recreational areas, schools and other public facilities that serve or are proposed to serve the planned development.
(8) Spacing and Building Height.
A. The location of all structures shall be shown on the development plans. The proposed location, height, and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood.
B. Minimum lot areas, frontage and yard requirements shall be discussed with the Planning Commission to ensure that the proposed development complies with the intent of this Chapter.
(9) Peripheral Setbacks. If the Planning Commission determines that topographical or other barriers do not provide a sufficient buffer between "PUD" Districts and contiguous land uses to avoid detrimental impact upon the economic value of the contiguous real estate, the Planning Commission shall impose either or both of the following requirements:
A. Structures and parking areas located on the perimeter of the residential "PUD" District may be required to be set back by a distance sufficient to protect against an adverse impact upon the value of contiguous land.
B. Structures located on the perimeter of the residential "PUD" District may be required to be permanently screened in a manner that is sufficient to protect against adverse impact on the value of contiguous land.
(10) Residential Dwelling Types:
A. Along with clustering residential density, a PUD-RES may include a mixture of dwelling types, including single-family detached dwellings, two-family units, zero lot line units, and multi-family units, provided the overall maximum density is not exceeded.
B. A PUD-BUS may only include multi-family dwelling units located on the upper stories of a building.
(Ord. 2-2013. Passed 7-1-13.)