(A) Purpose. The purpose of the planned development districts is to provide a means of achieving greater flexibility in development of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of land development; and to promote a more desirable community environment. The City Council, upon recommendation by the Planning Commission, may, by an ordinance adopted in the same manner as a rezoning is approved, authorize a planned development district when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of standard zoning districts. These planned development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood. The City Council may, upon proper application, approve a planned development to facilitate the use of flexible techniques of land development and site design, by providing relief from conventional zoning standards in order to achieve one or more of the following objectives:
(1) Site planning that better adapts to site conditions and its relation to surrounding properties that would not otherwise be possible or would be inhibited under the district regulations applicable to the property;
(2) Functional and beneficial uses of open space areas;
(3) Preservation of natural features of a development site;
(4) Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program;
(5) Rational and economical in relation to public utilities and services; and/or
(6) Efficient and effective traffic circulation, both within and adjacent to the development site.
(B) Relationship of planned development districts to zoning map.
(1) A mapped district. The PD designation is not intended to be attached to existing zoning districts as an overlay. The PD designation, as detailed in this section, is a separate use district and may be attached to a parcel of land through the process of rezoning and zoning map amendment.
(2) Plan approval required. It is the intent of this subchapter that no development or redevelopment of the property encompassed by the PD designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this section, §§ 154.140 through 154.143 and applicable subdivision regulations of the Subdivision Code.
(1) When a planned development involves any subdivision activity, the subdivision review and approval procedure requirements contained in the subdivision regulations of the code of ordinances shall be carried out simultaneously with the review of a planned development under this section. As applicable, reference is made to requirements of the subdivision code of the municipal code within this section. With regard to these references, the subdivision code may contain the term “plat”, which under the PD district requirements is intended to be synonymous with “plan” as appropriate.
(D) Types of planned developments. An area approved for the PD designation shall be assigned one of the following district classifications which shall be considered a separate zoning district and subject to the specific restrictions and limitations outlined in this section.
(1) Planned Development - Residential (PD-R). Planned developments involving residential uses only.
(2) Planned Development - Business (PD-B). Planned developments involving retail, service, and office commercial uses only.
(E) Permitted uses.
(1) Planned Development - Residential (PD-R).
(a) Permitted uses shall be established in the conditions of the chapter adopted by the City Council governing the particular planned development-residential district. Specific uses may include those uses designated as permitted or special uses in the R-1, R-2, or R-3 districts.
(b) In addition to those uses included above, the following uses may be designated as permitted uses and established as such in the chapter governing the particular planned development-residential district:
1. Patio dwellings;
2. Zero lot line residential developments.
(2) Planned Development - Business (PD-B). Permitted uses shall be established in the conditions of the chapter adopted by the City Council governing the particular planned development-commercial district. Specific uses may only include those uses designated as permitted or special uses in the C-1, C-2 or C-3 districts.
(F) Minimum planned development site size. The minimum site size for any of the Planned Development districts shall be five acres. This minimum site size may be waived by the City Council upon report by the Planning Commission if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood or, if the City Council should determine such waiver to be in the general public interest.
(G) Density and dimensional regulations and performance standards.
(1) General standards.
(a) The approval of the development plan may provide for such exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. No planned development shall be allowed that would result in:
1. Inadequate or unsafe vehicular access to the development;
2. Peak-hour traffic volumes exceeding the capacity of the adjoining or nearby streets. Capacity shall be based on a street providing “level of service D” as defined in the latest publication of Transportation and Traffic Engineers Handbook, Institute of Transportation Engineers;
3. An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities that serve or are proposed to serve the planned development;
4. A failure to comply with the performance standards contained in this section;
5. Other detrimental impacts on the surrounding area including, but not limited to, visual and noise pollution.
(b) In addition to the above requirements, all planned developments shall be subject to the review criteria established in division (G)(1)(a) of this section. It shall be the responsibility of the applicant to clearly establish that the above requirements are met.
(2) Other codes. All requirements of other codes and ordinances of the city (such as building code) shall be applicable.
(3) Planned Development-Residential (PD-R).
(a) Density. The density of residential development shall be consistent with the intent of the original underlying residential district(s). While the district regulations specifies upper limits to residential density, density of a planned development may be limited to that which is established in the original residential district or that is consistent and compatible with nearby existing developed areas. Conversely, the density limits indicated in the district regulations may be exceeded on portions of the site within a PD-R district as long as the total site density limit is not exceeded. This is referred to as “density transfer”. Additionally, the total site density may be exceeded up to a limit, upon conclusion of the Planning Commission and the City Council that the density bonus provisions contained in division (G)(3)(b)3 of this section have been satisfied. This is referred to as “density bonus”.
(b) Calculation of density.
1. The computation of density shall be based on dwelling units per net acre for the entire site.
2. To compute the number of dwelling units per net acre, 15% of the gross acreage of the parcel shall be deducted and the net acreage divided by the lowest minimum lot size of the underlying residential district. The following provides an example of density calculation for a 20-acre tract in a residential district with a proposed minimum lot size of 6,000 sq. ft.:
20 acres x 43,560 square feet per acre = 871,200 sq. ft.
871,200 sq. ft. - (871,200 x 0.15) = 740,520 sq. ft.
740,520/6,000 sq. ft. min, lot size = 123 dwelling units
3. In situations where a proposed PD-R district overlaps two or more dwelling districts, density shall be calculated separately for the portions of the PD-R district in each of the original residential districts.
(c) Density bonus.
1. The Planning Commission may recommend and the City Council may approve an increase in density within a PD-R district, up to a maximum of 20%, which shall be based on the precepts listed below. The density bonuses shall be treated as additives and not compounded.
Maximum Percentage Increase | Design Element |
10% | A minimum of an additional five percent of the net development area devoted to common open space (above the minimum requirement) and improved with public pedestrian ways, bike paths, park land, swimming pools, tennis courts, community centers, club buildings, and the like. |
5% | Creative site designs and building groupings, that take advantage of natural terrain and resolve existing on-site and off-site water run-off and erosion problems. The provision of storm drainage retention as a site amenity is encouraged. Variations in building design are permissible. |
5% | Creative use of landscape materials and the provision of more extensive landscaping than would otherwise be required under the landscaping requirements found elsewhere in this chapter. |
2. If density bonuses (increases) are requested under this section, the applicant shall document all site amenities or improvements for the village’s review and consideration.
(d) Development phasing. If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or legally provided for on a final plat, in reasonable proportion to the number of dwelling units intended to be developed during any given stage of construction as approved on a final plat by the City Council. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per net acre established by the approved PD-R district.
(e) Non-residential uses in PD-R developments. Non-residential uses are limited to those specifically listed in the dwelling zoning districts. Such non-residential uses shall be subject to all requirements for lot area, width, height, yards and setbacks prescribed in the district in which the proposed PD-R development is located.
(f) Common open space requirements.
1. Common open space shall comprise at least fifteen percent of the gross area of the residential development or be of a size equivalent to one acre for each one hundred persons of expected population of the development, whichever is greater. For purposes of this subsection, the expected population shall be determined by multiplying the total number of dwelling units times two persons per dwelling unit.
2. The amount of required common open space may be reduced by an amount equal to twice the total area of private balconies or patios. The balconies or patios shall be accessible to individual dwelling units, consist of at least sixty square feet of outdoor area, and have at least a horizontal dimension of six or more feet. In no case shall the area devoted to common open space be less than ten percent of the gross lot area.
3. Common open space shall be used for recreational, park or environmental amenity purposes for the collective enjoyment of the occupants of the development.
4. In addition to the above open space requirements, the following regulates the use of this common open space in terms of physical surface characteristics, size, location and physical improvements therein.
a. Of the required common open space, up to one-half of it may be covered by water, flood plain, stormwater detention/retention facilities or left in a natural state.
b. The area of each parcel of open space shall not be less than 6,000 square feet in area or less than 30 feet in its smallest dimension. In addition, at least 50% of the common open space shall be contiguous or connected via pedestrian/bicycle paths.
c. To the extent practicable, common open spaces should be distributed equitably throughout the development in relation to the dwelling units that such common open space is intended to serve. The open space shall not be isolated in one corner of a development, but shall be highly accessible (physically and/or visually) to the residents of the development.
5. Where common open space is to be provided in a subdivided residential development, the use, operation, and maintenance of areas for common open space, common ground, and common buildings shall be guaranteed by the establishment of a trust indenture providing for such by a subdivision association or trustees. the indenture shall be approved by the City Attorney prior to recording the indenture simultaneously with the recording of the final plat.
(g) Perimeter buffer requirements.
1. Where a PD-R development proposes residential development along the perimeter of the site, that is higher in density than that of an adjacent dwelling district, there shall be a minimum 30 foot wide buffer area. The buffer area shall be kept free of buildings or structures and shall be landscaped or protected by natural features so that all higher-density residential buildings are effectively screened from the abutting lower density residential property.
2. Where a PD-R development abuts a commercial or industrial use or district, there shall be a minimum 30 foot wide buffer area. This buffer area shall be permanent and landscaped and/or otherwise provided with screening (such as sight proof fencing) so as to effectively screen the commercial or industrial use form the PD-R development.
(h) Payment for allocation. In addition to providing the required areas of common open space within the residential development, the owner/developer shall pay to the City the sum of $500 per dwelling unit. This payment shall be allocated to one or more of the following accounts as determined by the City Council: (1) a street improvement account; (2) a sewer plant capital improvement account; or (3) a city enhancement (“street scaping”) account. This payment shall be paid at the time of approval of the final plat of the subdivision by the City Council. If the payment is not made to the city at such time, the Mayor shall not sign the final plat for recording purposes.
(4) Planned Development-Business (PD-B).
(a) Site coverage. Total site coverage by uses permitted in the PD-B districts shall be 70%, except as permitted to be exceeded in accordance with division (G)(4)(b) below.
(b) Site coverage bonus. The Planning Commission may recommend and the City Council may approve an increase in maximum site coverage from 70% up to 90%. In order to qualify for this bonus, the development plan must demonstrate compliance with four or more of the following performance criteria:
1. Incorporate storm drainage retention facilities as a site amenity.
2. install storm drainage detention facilities underground.
3. Increasing parking lot landscaping by 50% more than otherwise required.
4. Submitting for approval developments on tracts that are five or more acres in size.
5. Design of principal access to the development tract at an approved location that allows for shared access by an adjacent property.
6. Construction of separate-grade pedestrian and bicycle paths.
7. Providing for screened loading areas.
8. Demonstration of a development using innovative architectural, site planning and land use design and of such quality as to set an excellent example for subsequent development or redevelopment projects.
9. Any other performance criteria that further the goals, objectives and policies of the Comprehensive Plan and that, in the opinion of the Planning Commission and City Council warrant the approval of development bonuses.
(c) Signage. Signage shall be in compliance with the city’s ordinances relating to signs unless the applicant for a PD-B district designation elects to submit a “comprehensive sign plan” in addition to the submission of other required development plan documents. The Planning Commission may recommend, and the City Council may approve, a comprehensive sign plan and such plan shall be made part of the chapter approving the PD district. This chapter may contain conditions, requirements or standards regarding signs that may be stipulated by the City Council. Comprehensive sign plans approved under this section shall be evaluated based upon the following criteria:
1. Placement. All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include the purpose of the sign, its location relative to traffic movement and access points, site features, structures and sign orientation relative to viewing distances and viewing angles.
2. Quantity. The number of signs that may be approved within any development shall be no greater than that required to provide project identification and entry signs, internal circulation and directional information to destinations and development sub-areas and business identification. Factors to be considered shall include the size of the development, the number of development sub areas, and the division or integration of sign functions.
3. Size. All signs shall be no larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display (location and height), lettering style and the presence of distracting influences.
4. Materials. Sign materials shall be compatible with architectural and/or natural features of the project. This may be accomplished through similarity of materials for sign structures and faces, the use of complementary colors, similarity of architectural style or the use of consistent lettering style and typography. A request for approval for a comprehensive sign plan shall accompany the request for PD-B zoning classification and shall include, but is not limited to, the following:
a. A site plan, depicting the proposed plan of development and illustration of proposed sign locations;
b. Descriptions and drawings indicating size, qualities, materials and illumination; and
c. A narrative description of the common theme for signage within the development, how it relates to architectural and/or landscaping elements of the development, and how the Comprehensive Sign Plan relates to each of the criteria set forth in this section.
(d) Perimeter buffer requirements. Where a PD-B development abuts a residential district, there shall be a minimum 50 foot buffer area between any non-residential use and the adjacent residential district. This buffer area shall be landscaped in accordance with the recommendations of the Planning Commission.
(e) Minimum building setbacks. Building setbacks shall be in accordance with the approved site plan for a PD-B development. Where a commercial use abuts a dwelling district, the minimum building setbacks established in the district regulations shall apply.
(H) Other development regulations applicable to PD districts. All PD districts shall be subject to the requirements set forth in the city’s code of ordinances, as amended from time to time, including but not limited to the city’s Building Code, Subdivision Code, Utility Code, unless otherwise provided herein or by variance granted by the appropriate municipal body.
(I) Dedication and reservation of land. Whenever a planned development embraces all or any part of an arterial street, collector street, drainageway or other public way that has been designated in the adopted Comprehensive Plan or other official plans of the city, sufficient land shall be dedicated or reserved on the development plan for the public improvements in a manner similar to that required of all subdivisions as specified in the Subdivision Code.
(J) Preliminary development plan procedure.
(1) Preliminary development plan submittal requirements. The preliminary development plan submitted shall include the information required by the Subdivision Code and Zoning Code regarding preliminary plats. In addition to these submittal requirements, the following shall be submitted as applicable:
(a) Gross and net acreage of tract;
(b) Building outlines (footprints) of all structures, except one-family detached dwellings proposed on subdivided lots;
(c) Internal private circulation drives and parking areas, except driveways associated with one-family detached dwellings proposed on subdivided lots;
(d) Maximum number of dwelling units allowed per the original zoning district or districts;
(e) Number of dwelling units proposed and number of bedrooms, when parking requirements are based on bedroom count per dwelling unit;
(f) Number of off-street parking spaces required and proposed;
(g) The location, gross floor area of, and distance between buildings and structures. Floor area for non-residential uses shall be identified by use type;
(h) The proposed location, size, landscaping, and general use of common ground, including recreational areas, plazas, and buffer areas. Landscaping information shall include location and approximate size (at time of planting) of all plant material by type (such as deciduous/coniferous trees, ornamental trees, shrub masses and ground cover including grassed areas, ivies, and the like). Landscaping within parking areas shall be included;
(i) The location and details of all retaining walls, fences and earth berms;
(j) The location of all refuse collection facilities including screening to be provided;
(k) Illustrative site cross-sections (two minimum) indicating edge conditions and internal grade changes in relation to principal variations of building elevations and site-lines to adjacent properties/structures;
(l) Typical building elevations of sufficient scale and detail to illustrate building mass, exterior construction materials and signage if applicable;
(m) Project report to include an explanation of the character of the proposed development, verification of the applicant’s ownership or contractual interest in the subject site and proposed development schedule; and
(n) The applicant may be required to provide such additional clarification and/or detail of the site plan as determined by the Administrator or the Planning Commission.
(2) Preliminary development plan review procedure. Except as established by this section, the procedures and requirements for filing, review, and approval of a preliminary development plan shall be the same as those forth for preliminary plats in the Subdivision Code. The Planning Commission may recommend approval, disapproval or approval with amendments, conditions or restrictions with respect to the preliminary development plan.
(L) City Council action on preliminary development plan and rezoning request.
(2) If the preliminary development plan is approved by the City Council, it shall adopt a resolution approving the preliminary development plan, with conditions as may be specified and authorizing the preparation of the final development plan.
(3) Simultaneously with the approval of the preliminary development plan, the City Council shall adopt an ordinance rezoning the site to the appropriate PD district and the ordinance shall include, but not be limited to, the following:
(a) Legal description of the development site;
(b) The planned district zoning classification approved;
(c) Reference to the resolution approving the preliminary development plan and that authorizes preparation of the final development plan;
(d) A statement requiring approval of a final development plan and plat (if applicable), by the City Council, prior to issuing building permits;
(e) PD-R developments: the number and type of dwelling units authorized, including number of bedrooms per dwelling unit by type, and the total square footage authorized for any nonresidential use permitted;
(f) PD-B developments: the total square footage authorized for all commercial, office, and/or industrial uses;
(g) Building and structure height limitations;
(h) Minimum building setback requirements;
(i) Off-street parking requirements;
(j) An approved “Comprehensive Sign Plan” or proof of compliance with the city’s ordinance on signs;
(k) Acreage and function of common open space.
(M) Effect of approval of preliminary development plan and period of validity.
(1) All conditions imposed as a part of any planned development shall run with the land and shall not lapse or be waived as a result of a subsequent change in ownership of any or all of the area.
(2) Approval of the preliminary development plan by the City Council is merely an authorization to proceed with the preparation of the final development plan.
(3) Approval of the preliminary development plan shall be valid for a period of two years from the date of City Council approval. If an application for final plan approval for all or a geographic portion of the preliminary plan has not been filed within the two year period, then a resubmission of the preliminary development plan shall be required if the applicant intends to pursue final plan approval. The City Council, upon recommendation from the Planning Commission, may grant up to a one year extension, from the date that the period of validity expired. The City Council may reject such resubmission of the same development plan in light of new facts and circumstances relating to the development plan.
(4) In no case shall a building permit be issued prior to final development plan approval.
(5) At such time the period of validity has expired, the resolution approving preliminary development plan shall become null and void. In the event that the development plan involved rezoning all or a portion of the property comprising the development, the City Council may initiate proceedings to rezone the property to its original or other appropriate zoning district, in accordance with the procedures and requirements of the Zoning Code, § 154.140 through 154.143.
(N) Final development plan procedure.
(1) Final development plan submittal requirements. The final development plan shall include the required information in the Subdivision Code, as applicable. In addition to these requirements, the following shall be submitted.
(a) The information required for the preliminary development plan, except that it be in its final form;
(b) The final landscape plan with specific location of all plant, material, specifying size and species.
(2) Compliance with approved preliminary development plan. The final development plan shall be in substantial compliance with the approved preliminary development plan. Modifications and refinements, resulting from the final design process, may be approved. In no event shall any modification of the development plan result in the following:
(a) A change in the use or character of the development;
(b) An increase in building or site coverage;
(c) An increase in the intensity of use (such as number of dwelling units);
(d) An increase in vehicular traffic generation or significant changes in traffic access and circulation;
(e) A reduction in approved open space or required buffer areas.
(3) Final development plan review and approval. The procedure for reviewing and approving the final development plan shall be in accordance with those set forth in the Subdivision Code.
(O) Recording of final development plan. After the final development plan (and subdivision plat, if applicable), and other associated documents have been approved by the City Council, the applicant shall record the final development plan in accordance with the provisions of the Subdivision Code.
(P) Amendments to final development plan.
(1) Minor changes. Minor changes in the location, siting and height of buildings and structures may be authorized by the Administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this section shall cause any of the following:
(a) A change in the use or character of the development;
(b) An increase in building or site coverage;
(c) An increase in the intensity of use (such as number of dwelling units);
(d) An increase in vehicular traffic generation or significant changes in traffic access and circulation;
(e) A reduction in approved open space or required buffer areas; or
(f) A change in the record plat.
(2) Plan amendments. All proposed changes in use, or rearrangements of lots, blocks and building tracts, changes in the provision of common open spaces, and changes that would cause any of the situations listed under division (P)(1) of this section shall be subject to approval by the City Council. In such event, the applicant shall file a revised development plan and be subject to the requirements of this section as if it were an entirely new application.
(Q) Failure to initiate construction after final development plan approval.
(1) Period of validity. No approval of a final development plan shall be valid for a period longer than two years from the date of approval unless within such period a building permit is obtained and construction of a development’s foundation is commenced.
(2) Extension. The City Council may grant a one year extension upon written request of the original applicant if the application submitted is substantially the same as the initially-approved application.
(Ord. passed - - )