(a) Purpose. The R-PUD-1 Planned Unit Development District-1 is intended to provide permissive, voluntary and alternate zoning procedures for residential development and housing. The R-PUD-1 District shall be used only when a relatively large landholding under unified ownership is planned and developed as a unit in accordance with an approved overall Development Plan and subsequently detailed Site Plan(s) for each section of the total landholding. The planning and development of the Planned Unit Development shall be carried out in such a manner as to have minimum adverse effect on the natural features and environment of the planned unit tract and its surrounding areas. Planned Unit Development typically features varied setback lines, dwelling types and cluster type site planning whereby provisions for maximum overall "gross" density are established to encourage imaginative land planning and to permit creation of usable common space.
(b) Permitted Uses. The following uses are permitted in the R-PUD-1 Planned Unit Development District-1:
(1) Detached single-family dwellings;
(2) Attached two family dwelling;
(3) Attached three and four-family dwellings;
(4) Churches and similar places of worship; and
(5) Common park land, open space and recreation facilities.
(c) Design Standards.
(1) Maximum height. No single family, two-family, three and four family shall exceed two-and-one-half stories or thirty-five feet in height.
(2) Maximum density.
A. Where the planned unit development includes single family homes only, the maximum gross density shall not exceed four dwellings units per acre.
B. Where the planned unit development includes both single-family and two-family dwelling, the maximum gross density shall not exceed five dwellings per acre.
C. Where the planned unit development contains a combination of single-family, two-family, three family and four family dwellings, the maximum gross density shall not exceed six dwellings units per acre.
D. In any event the maximum "gross" residential density on the overall planned unit development landholding shall be no greater than five dwelling units per acre. Also, all zoning lots in each section shall be at least 7,500 square feet in area; and shall be at least sixty-four feet wide at the building line; twenty percent (20%) of the zoning lots in each final plat (recorded plan) shall be at least 8,500 square feet in area, and shall be seventy-four feet at the building line.
(3) Minimum dwelling size. For single family dwellings there shall be a minimum floor area of 1400 square feet. For two family and three family and four family dwellings, there shall be a minimum floor area of 1,100 square feet.
(d) Required Common Open Space. Former subsection (d) hereof was repealed by Ordinance 673, passed April 23, 1984.
(e) Relationship to Subdivision Regulations and NonSubdivision of Land. Subject to approval of Council upon recommendation of the Planning Commission, certain yard setback requirements in the Subdivision Regulations may be waived or relaxed provided that this is in strict accordance with the purpose of Planned Unit Development and does not endanger the public health, public safety or general welfare. Where a Planned Unit Development is carried out without the subdivision of the total landholding, all public improvements that are to be installed by the applicant must be reviewed and approved by the Planning Commission, and the City Manager.
(f) Development Plan Contents. The applicant should prereview his ideas with the Planning Commission and then shall prepare an overall Development Plan and shall submit this Development Plan to Council for its study and review.
This overall Development Plan shall contain the following items:
(1) A base map of the tract showing easements, utility lines, existing land use, general topography and physical features.
(2) A site development plan showing boundaries of tract to be developed on planned unit basis.
A. Highways and streets in vicinity of tract and ingress and egress to the tract.
B. Location of vehicular and pedestrian circulation, vehicular circulation to be accordance with the Official Thoroughfare Plan.
C. Location and approximate density of various land uses.
D. Location and type of community facilities, if any.
(3) A time schedule of the projected development if construction is to extend beyond a two year time period.
(4) A statement of financial responsibility to ensure construction of Planned Unit Development in accordance with the above site development plan.
(5) A statement that proposed Planned Unit Development is in accordance with the general intent of the Subdivision Regulations even though specific yard setback may be altered somewhat.
Council shall immediately refer the application to the Planning Commission for its recommendation and the Planning Commission shall study the applicant's Development Plan and shall hold a public hearing within sixty days of the time of application. Following this public hearing, the Planning Commission shall submit a report to the Council recommending approval, modification, or disapproval and the reasons therefor. The Planning Commission may explicitly impose special conditions relating to the Planned Unit Development with regard to type and extent of public improvements to be installed; landscaping; development, improvement and maintenance of common open space; and other pertinent development characteristics.
(g) Development Plan Approval Procedure. Upon receipt of the report of the Planning Commission, Council shall study and review the proposed Concept Plan and shall approve or disapprove the application on the basis of its meeting all applicant requirements, and a finding that the following specific conditions are fully met:
(1) That under the Development Plan the property adjacent to the Planned Unit Development landholding is properly safeguarded:
(2) That the Planned Unit Development is consistent with the intent and purpose of the overall Zoning Ordinance to promote public health, safety and general welfare of Municipal resident:
(3) That the minimum common open space area has been designated and is to be dedicated to the Municipality or a legally established Homeowner's Association as herein provided;
(4) That each individual unit of development shall not exceed the maximum allowable density for the planned unit development tract as a whole;
(5) That assurance has been given by the developer that the Planned Unit Development will be in accordance with the specified purposes;
(6) That the R-PUD-1 District is in conformance with the Official Land Use Plan map and text; and
(7) That the internal streets and main thoroughfares that are proposed shall properly interconnect with the surrounding existing municipal street network.
(h) Council Action.
(1) If from the facts presented, Council is unable to make the necessary findings, the application shall be denied. Approval of the Development Plan shall be limited to the general acceptability of the proposed land uses, density levels and their interrelationship, and shall not be constructed to endorse precise location of uses, configuration of parcels, or engineering feasibility which are to be determined in the subsequent preparation of detailed site plan(s). Approval of the Development plan shall constitute the creation of a separate R-PUD-1 Planned Unit Development Zoning District - l. In taking action, Council may deny the Concept Plan or may recommend approval of the plan subject to specified modifications.
(2) Unless within two years the site plan for the first section of the Planned Unit landholding has been formally approved by the Planning Commission in accordance with the conditions for approval specified in subsection (j) hereof, and unless the final Subdivision Plat for the first section shall have been recorded in the Office of the Montgomery County Recorder the approval of the Development Plan shall become null and void and the land shall revert to its former zoning classification.
(3) Council may approve an extension of the time limit or the minor modification of the Development Plan. Such approval shall be given upon a finding of the purpose and necessity for such extension or minor modification, and evidence of reasonable effort toward the accomplishment of the Development Plan, and upon recommendation of the Planning Commission.
(i) Detailed Site Plan Approval Procedure.
(1) Once the Development Plan has been approved by the Planning Commission and Council, detailed Site Plans for each section of the overall Planned Unit Development landholding must each be reviewed and approved by the Planning Commission prior to the issuance of any Zoning Certificate by the Zoning Enforcement Officer.
(2) The detailed Site Plans shall be in accordance with the original Development Plan; shall be prepared for the applicant by a professionally competent urban planner, engineer, architect and/or landscape architect; and shall include the following:
A. Survey of the tract to be developed showing existing physical features (drainage ways, general topography and tree cover) and streets, easements, and utility lines.
B. Specific engineering plans, including site grading, street improvements, drainage and utility improvements and extensions as necessary.
C. Site plan showing lot lines, building outlines, off-street parking spaces, pedestrian walkways, vehicular circulation.
D. Landscaping plans including quantity, size and varieties of landscaping.
E. Preliminary building plans, including floor plans and exterior elevations.
F. Copies of any restrictive covenants that are to be recorded.
G. All necessary legal documentation relating to the incorporation of a Homeowner's Association or dedication of common open space to the Municipality.
(3) Should the formulation of the detailed Site Plan(s) for sections of the total landholding necessitate a major change in the original Concept Plan, this shall require reconsideration and approval by Council in accordance with the procedure specified in subsection (c), (e) and (f) hereof. Major changes shall include but not be limited to:
A. Significant change in residential density;
B. Major changes in the outside boundaries of the Planned Unit Development tract;
C. Significant changes in the location or amount of land devoted to specific land uses; and
D. Major changes in the internal street and thoroughfare network.
(4) Approval of each detailed Site Plan for each section of an R-PUD-1 District shall be valid for one year. No zoning Certificate shall be issued for any structure within the Planned Unit Development until the subdivision final plat for that portion has been recorded with the Montgomery County Recorder.
(5) An extension of the time limit or the modification of the detailed Site Plan may be approved by Council. Such approval shall be given upon a finding of the purpose and necessity for such extension or modification, and evidence of reasonable effort toward the accomplishment of the Site Plan.
(j) Conditions of Approval; Site Plan. Upon the receipt of the detailed Site Plan for each individual section of the Planned Unit Development landholding, the Planning Commission shall study and review the proposed Site Plan(s) and shall approve or disapprove the application on the basis of all application requirements having been satisfied, and a finding that the following specific conditions are fully met:
(1) That each individual unit of development can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective can be attained;
(2) That the proposed detailed Site Plan(s) for the included individual sections of the overall R-PUD-1 District are in conformance with the approved Development Plan, Comprehensive Plan, including the Official Land Use Plan and Official Thoroughfare Plan map and text of the Municipality;
(3) That the internal streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic within and through the development;
(4) That any part of the Planned Unit Development not used for structures, parking and loading areas, or streets, shall be landscaped or otherwise improved; or if the Planning Commission approves, left in its natural state;
(5) That any exception from the standard ordinance requirements is warranted by the design and amenities incorporated in the detailed Site Plan, in accord with adopted policy of the Planning Commission and Council. (Ord. 1116. Passed 1-12-98.)