1280.07 PLANNED MULTI-FAMILY RESIDENTIAL AREAS.
   Provision is hereby made for planned residential areas as hereinafter regulated. The regulations applying to Planned Multi-Family Residential Areas are intended to permit flexibility in land area design, within the general pattern of land use and population density of such districts, for the purpose of bringing about an arrangement of buildings and open spaces that will contribute to the desirability of living environments of the dwellings included in such planned development with respect to daylight, sunlight, air privacy and general amenity.
   (a)   Area Usage. Planned multi-family residential development shall occur in accordance with a site plan approved by the Planning Commission after public hearing, and subject to the following conditions:
      (1)   Any part of such parcel that is separated from the remainder by public streets shall be deemed a separate lot.
      (2)   Dwellings shall be multi-family dwellings of any type, excluding Senior Housing and Care Facilities.
      (3)   The area proposed for development shall be in one ownership or, if in multiple ownership, the application shall be filed jointly by all the owners of the properties included in the Planned Multi-Family Residential Area.
      (4)   The following areas are eligible for consideration for planned multi-family residential development:
         A.   Any parcel of land having an area not less than two acres located either in one-family or two-family residential districts which are adjacent to a U-4, U-6, U-7, U-8 or U-9 District, or within a U-7 District.
         B.   A lot or area of less than two acres which is adjacent to and adjoining an existing multi-family project under the same ownership may be used for planned multi-family residential development.
   (b)   Number of Dwelling Units. The maximum number of dwelling units on each lot in the development shall be determined by computing each type of dwelling unit as follows:
      (1)   Multi-family dwellings at 1,000 square feet per dwelling unit. Where the Planning Commission finds that because of the density and type of dwelling units provided in adjacent buildings, or because of adjoining land use relationships, or because of extraordinary transportation facilities serving the area, unique conditions apply to the specific site, the Commission may permit a greater number of dwelling units per acre of land, but in no such location shall the maximum floor area ratio of building to land be more than a one to one ratio.
      (2)   Minimum livability space for such site shall not be less than 50% of the project area and maximum percentage of building coverage of the land shall not exceed 35% of the project area. "Livability space" is the area of the project site excluding the area of buildings, parking, maneuvering, driveways and other areas devoted to vehicular circulation.
(Ord. 99-45 . Passed 12-20-1999.)
   (c)   Criteria for Site Planning. A building or buildings proposed to be developed for any use permitted in such district shall be arranged so as to take advantage of any unique conditions of the site, so as to be coordinated with adjoining building, parking and other site developments and the buildings and facilities within the development area shall be related to each other so as to best serve their respective functions. To accomplish such purposes and objectives, the following criteria are to be applied:
      (1)   The minimum distance between any multi-family buildings, or parts thereof, in a planned residential development area shall vary and be related to the length and height of the buildings and other applicable provisions of this Zoning Code. Such minimum distance shall be determined by the formula:
         Minimum Distance = L1 + L2 + 2(H 1 + H 2)
   
                                                
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         the elements of such formula being defined as follows:
   "Minimum distance" means the required minimum horizontal distance between any wall of building (1) and the nearest wall of building (2) or the vertical prolongation of either.
   "L1" means the length of building (1) which for the purposes of the formula, is defined as the length of the portion or portions of any wall or walls of building (1) from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building (2).
   "L2" means the length of building (2) which, for the purposes of the formula, is defined as the length of the portion or portions of any wall or walls of building (2) from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building (1).
         "H1 " means the height of wall of building (1) as defined.
         "H2" means the height of wall of building (2) as defined.
   "Maximum length" any town house building shall not exceed six attached dwelling house units in length.
      (2)   The minimum distance between any multi-family building and side or rear lot line in a development shall vary and be related to the length and height of the building. Such minimum distance shall be determined by the formula:
   Minimum Distance = L + PL + 2(H)
                                 
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         the elements of such formula being defined as follows:
   "Minimum distance" means the required minimum horizontal distance between any wall of a building and the nearest area side or rear lot line of the development area.
   "L" means the length of building (1) which, for the purposes of the formula is the length of that portion or portions of any wall or walls of such building from which lines drawn perpendicular to such wall will intersect a side or rear lot line of the development area.
   "PL" means the length of the side or rear lot line which will be intersected by lines drawn perpendicular from the face or faces of any wall or walls of building (1).
   "H" means the height of wall of building as defined.
      (3)   The minimum distance, corner to corner building relationship, where lines drawn perpendicular to a building do not intersect the adjacent building, shall be determined by the formula:
         Minimum Distance = 2(H1 + H2)
                                  
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   However, in no arrangement shall the distance between the corners of any two buildings be less than 20 feet.
      (4)   Illustrations or visual interpretation to illustrate and clarify the above formulas may be approved and appended to this Zoning Code from time to time.
      (5)   Front yards.
   A.   Public street. The front yard for any building in a development fronting on a public street shall not be less than the setback building line established for it or as may be shown on the Building Zone Map. If no line is established, the setback shall be not less than 40 feet.
   B.   Private street. The front yard setback for any building in a development fronting on a private street shall be determined in accordance with the formula set forth in division (c)(2) hereof; the nearest edge of the pavement of such street shall be substituted for the property line in the formula.
         C.   Private dwellings may be planned and developed at a lesser distance from any main building entrance or from any garage entrance, than set forth in the above for private streets if approved under the Development Plan procedure.
      (6)   A.   Distances from main buildings to accessory buildings or uses are set forth herein as desirable criteria to be applied in the site planning:
 
Schedule of Accessory Uses
Minimum Distance
From Main Buildings (feet)
From Side or Rear Lot Lines (feet)
Parking Areas
20
20
Walks   (for use by the occupants and the public)
15
10
Recreation Areas (used for active play)
40
15
 
         B.   Retail Stores. Where planned residential area is located in, or contiguous to a local retail or shopping center area the City Planning Commission may permit retail stores in the development servicing the residents, subject to approval of Council.
         C.   Location of Garages.
            1.   A private garage shall not be placed in any front yard of any multi-family building; it may, however, be enclosed within the main building.
            2.   A community garage shall not be located in the front of any multi-family building or opposite the wall of a multi-family building which contains the main entrance or entrances of any such building. Such garages may be located not less than 30 feet from any other wall of a multi-family building unless approved otherwise on the Development Plan.
            3.   Any garage shall be located not less than ten feet from a property line, provided, however, a wall of a garage may be located on a property line if it is constructed of masonry, does not contain any openings and does not have a projecting cornice, and provided further that it does not exceed five feet in height above the average finished grade of the adjoining property.
         D.   Parking Requirements. Each dwelling unit in a multi-family unit shall provide one and one-half parking spaces for each dwelling unit of which at least one parking space shall be located in a private or community garage and one-half space may be located in an open parking area, except when providing for golden age occupancy and/or public transportation is provided within 500 feet of proposed building, the City Planning Commission may reduce the parking requirements.
      (7)   The height of buildings shall be based on lot size as follows:
         Four acres or larger    100 feet in height (9-10 stories)
         Three to four acres    70 feet in height
         Two to three acres    50 feet in height
         Two acres    40 feet in height
(Ord. 71-39. Passed 6-21-1971.)
   (d)   Development Plans. All development proposed under the planned residential area regulations shall comply with the following provisions:
      (1)   Preliminary plan of developer A developer, before applying for a building permit, shall submit to the Planning Commission a preliminary plan for any land to be developed under the regulations of this section by filing five copies thereof with the Clerk. The preliminary plan of the development shall indicate all uses proposed for the development and shall include:
         A.   A plat and topography map of the proposed development area at a scale of not less than twenty feet to the inch, including property lines, easements, street rights of way, topographic contours, existing structures and landscape features, and
         B.   Preliminary plans of the proposed development, drawn at a scale of not less than twenty feet to the inch, designed in accordance with the planning standards, regulations and criteria established herein and any applicable plans that may have been adopted by the City which apply to the subject site. The preliminary plan shall include, but shall not be limited to:
            1.   Site plan, showing the proposed location of all structures identified by type, size, height and use; the assignment of all lands subdivided; the location of all structures within 50 feet on properties adjoining the proposed development;
            2.   Circulation plan; vehicular and pedestrian on-site circulation pattern including the location and dimensions of proposed driveways and walkways; the locations and arrangement of parking spaces and service facilities;
            3.   Floor plans and elevations; plans and designs for all structures and such other information to explain their purpose, appearance, materials and type of construction;
            4.   Landscape plan; drawings showing the proposed grading and drainage plan, the landscape treatment; plazas and other landscape features;
            5.   Construction; proposed method and standards for the construction and maintenance of utilities and paved areas;
            6.   Any proposed covenants running with the land, deed restrictions or easements proposed to be recorded and covenants proposed for maintenance;
            7.   A schedule for construction and cost estimates for the completion of the development; and
            8.   Such other reasonable information as the Commission may require.
The preliminary plans, unless otherwise specified, shall be prepared by professional persons qualified in the planning of land development, traffic circulation, and building and landscape design.
      (2)   Referral for review and reports. Upon receipt of a preliminary plan of development, the Secretary of the Planning Commission shall transmit, within three days, one copy to the Mayor and to the chairperson of the Planning Commission. He or she shall also submit for review and report a copy of the preliminary plan to the Building Commissioner and to any professional consultants retained by the City.
      (3)   Report to Council. Within 30 days after the preliminary plan has been filed with the Secretary, the Commission shall evaluate the plan and shall furnish to Council its report and recommendations with respect thereto. In reviewing the preliminary development plan, the Commission shall determine either that the preliminary plan fulfills the requirements of the established regulations, standards and criteria which are applicable to the proposal and any improvement plans recommended or duly approved by the City, or that the plan does not fulfill all requirements, and thereafter it shall make a recommendation that the preliminary plan be approved, disapproved or modified. In any such evaluation, the Commission may find that certain established regulations, standards or criteria of this Zoning Code are inappropriate or inapplicable because of unusual conditions of the development area, and/or that they have been satisfactorily fulfilled because of the imaginative quality of the design or because of the relationship of the proposed development to the surrounding areas.
      A copy of the preliminary plan, together with copies of the report of the Commission, shall be filed with the Clerk of Council for submission to Council.
      (4)   Action by Council. Council within one month after receipt of such a report by the Commission, shall either approve, disapprove or modify the preliminary plan. Council may affirm or disapprove any report of the Commission required by this section in the same manner as for recommendations of the Commission. The preliminary plan and report of the Commission thereon shall be on file in the office of the Clerk during such one-month period.
      (5)   Authority to proceed. Following approval by Council, the Clerk shall notify the developer of such action, by registered or certified mail, and authorize him or her to proceed with the preparation of final plans of the area of development in accordance with the procedures and criteria set forth in this Zoning Code and any special conditions under which this authorization to proceed was granted.
      (6)   Final plan of development. The developer of any parcel or parcels of land for which a preliminary plan has been approved by Council may prepare and submit a final plan of the proposed development. Any such plan shall be filed with the Building Commissioner, and upon payment of the appropriate fees, shall be submitted by him or her to the Clerk of Council to be presented to Council for final decision. The final plan of the development shall be a detailed expansion of the preliminary plan heretofore approved by Council, shall comply with all of the conditions which may have been imposed in the approval of such preliminary plan, and be in accordance with the design criteria and provisions of this Zoning Code which apply particularly to such plan of development, and contain or be accompanied by the plans, elevations, details and specifications for construction for the elements required for the preliminary plan as set forth in division (d)(1) hereof. It shall also be accompanied by:
         A.   Final form of any covenants running with the land, deed restrictions or easements to be recorded and covenants, if any, for maintenance;
         B.   Estimated project cost for all public and private improvements; construction schedule;
         C.   Council may require additional drawings to supplement the above where more information is needed or special conditions occur; and
         D.   When the final plan of development provides for partial development of the total area for which a preliminary plan has been approved, a final plan of development of the remainder of the area may be required to permit evaluation of the development of the entire parcel before development in progressive stages may be approved.
      (7)   Conditions for approval. If Council, after public hearings, finds that a proposed final plan of development is in accordance with all the requirements and incorporates all the conditions of approval of the preliminary plan, Council shall approve such final plan of development.
      (8)   Building permits. If and when any proposed final plan of development has been approved, the Building Commissioner shall be so notified and he or she shall then issue the necessary building and other permits if it is found to comply with the Building Code and upon payment of the required fees.
(1982 Code, § 1125.07) (Ord. 64-18. Passed 4-20-1964.)