Modifications in conventional zoning and subdivision regulations are privileges and will be considered by the city only in direct response to the accrual of tangible benefits from the planned unit development to the city or the neighborhood/area in which it would be located. These benefits shall be in the form of exceptional amenities, landscape, architectural or site design, or the conservation of special man-made or natural features of the site. In reviewing an application for a planned unit development, the planning and zoning commission and/or the city council, as the case may be, shall be required to make certain findings based on the following standards.
(A) Required findings. No application for a planned unit development shall be approved unless all of the following findings are made about the proposal:
(1) Comprehensive plan. The planned unit development shall conform with the general planning policies of the city as set forth in the comprehensive plan.
(2) Public welfare. The planned unit development shall be so designed, located and proposed to be operated and maintained that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety and welfare.
(3) Impact on other property. The planned unit development shall not be injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted in the district, shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the zoning district, shall not be inconsistent with the community character of the neighborhood, shall not alter the essential character of the neighborhood and will be consistent with the goals, objectives, and policies set forth in the comprehensive plan, and shall not substantially diminish or impair property values within the neighborhood, or be incompatible with other property in the immediate vicinity.
(4) Impact on public facilities and resources. The planned unit development shall be so designed that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it. The planned unit development shall include such impact donations as may be reasonably determined by the city council. These required impact donations shall be calculated in reasonable proportion to impact of the planned unit development on public facilities and infrastructure.
(5) Archaeological, historical or cultural impact. The planned unit development shall not substantially adversely affect a known archaeological, historical, or cultural resource located on or off of the parcel proposed for development.
(6) Parking and traffic. The planned unit development shall have or make adequate provision to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, provides appropriate cross access to adjacent properties and parking areas, and provide adequate access for emergency vehicles.
(7) Adequate buffering. The planned unit development shall have adequate landscaping, public open space, and other buffering features to protect uses within the development and surrounding properties.
(8) Signage. Any signage on the site of the planned unit development shall be in conformity with the city's zoning ordinance (sign ordinance), or shall satisfy the standards of review for variations set forth therein.
(B) Modification standards. In addition to the findings required above, the following standards shall be utilized in considering applications for modifications of the conventional zoning and subdivision regulations for a planned unit development. These standards shall not be regarded as inflexible, but shall be used as a framework by the city to test the quality of the amenities, benefits to the community, and design and desirability of the proposal.
(1) Integrated design. A planned unit development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.
(2) Beneficial common open space. Any common open space in the planned unit development shall be integrated into the overall design. Such spaces shall have a direct functional or visual relationship to the main building(s) and not be of isolated or leftover character. The following would not be considered usable common open space:
(a) Areas reserved for the exclusive use or benefit of an individual tenant or owner.
(b) Dedicated streets, alleys and other public rights-of-way.
(c) Vehicular drives, parking, loading and storage area.
(d) Irregular or unusable narrow strips of land less than 15 feet wide.
(3) Functional and mechanical features. Exposed storage areas, trash and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the planned unit development and made as unobtrusive as possible. They shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
(4) Visual and acoustical privacy. The planned unit development shall provide reasonable visual, and acoustical privacy for each dwelling unit. Fences, insulations, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises.
(5) Drives, parking and circulation. Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe and convenient, and insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties.
(6) Surface water drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.
(Ord. O-37-15, passed 10-6-15)