(A) Purpose.
(1) The purpose of these regulations is to provide for Planned Unit Development (PUD) within the city in order to achieve:
(a) A greater choice of living environments by allowing a variety of housing and building types and permitting an increased net density per acre.
(b) A more useful pattern of open space and recreation areas and, if permitted as part of the project, more efficiency in the location of accessory commercial uses and services.
(c) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns.
(d) A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets.
(e) A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the comprehensive plan.
(2) The city is prepared to accept a higher density in undeveloped areas than that reflected by present zoning, provided the developer can demonstrate that any increment of public cost clearly attributable to increased densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.
(B) Definition. For the purpose of this section, PLANNED UNIT DEVELOPMENT or PUD shall mean an area of land in which a variety of housing types and subordinate commercial facilities are accommodated in a planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The approval of such development contains requirements in addition to those of the standard zoning districts, such as building design principles, and landscaping plans.
(C) Interpretation. Whenever the requirements of this section appear to be in conflict with other sections of this chapter or with those of other existing codes, the provisions of this section shall prevail.
(D) Permitted and conditional uses.
(1) Permitted uses within the R, B-1 and CF Districts may be combined in the PUD District, provided that the proposed location of non-residential uses are compatible with the design of the overall tract, will not adversely impact adjacent property, and that the location of such uses are specified in the preliminary and final development plans.
(2) The amount of land devoted to non-residential uses in a development combining residential and non-residential uses shall require approval by the Planning Commission.
(E) Minimum project area. The gross area of a tract of land proposed to be developed in a planned unit development district shall be a minimum of ten acres. This requirement may be waived by the Planning Commission if all property abutting the subject tract is platted and/or developed.
(F) Common open space.
(1) A minimum of 20% of the gross land area developed in any planned unit development project shall be reserved for common open space and/or recreational facilities of the residents or users of the area being developed. Such common open space shall be:
(a) Dedicated to a homeowner's association who shall have title to the land which shall be retained as common open space. The legal articles relating to the organization of the homeowner's association shall be subject to review and approval by the Planning Commission and shall provide adequate provisions for the perpetual care and maintenance of all such common areas;
(b) Dedicated to the city for parks, open space, or the site of schools or other related public facilities. All land so dedicated to the city shall be subject to the review and approval of the Planning Commission subject to size, shape and location; or
(c) Some combination of divisions (F)(1)(a) and (b) of this section.
(2) Public utility and similar easements and rights-of-way for water courses or other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a bikeway, trail or similar facility and has been approved by the Board.
(G) Utilities. All electrical, telephone, cable television, and similar utility systems shall be located underground.
(H) Arrangement of commercial uses.
(1) When planned unit development districts include commercial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce traffic congestion and mitigate potential conflict points. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.
(2) The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding non-commercial areas.
(3) Service, delivery, and loading areas shall be, to the maximum possible extent, located to the rear of structures, and screened from view by landscaping.
(4) Parking areas shall be designed so as to discourage single large unbroken paved lots and shall encourage smaller defined parking areas within the total parking system. Such defined parking areas should be delineated and accented by landscaped areas.
(I) Residential density. The maximum residential density shall be eight dwelling units per acre, based on the number of units proposed divided by the area of the site designated for residential use, excluding streets and common areas.
(J) Private roads.
(1) Private roads as a common easement may be used to provide internal circulation to clustered lots and/or individual residential structures in residential planned unit developments in accordance with the following:
(a) The easement shall not be counted as required open space.
(b) Approved as part of the subdivision plat as the most appropriate form of access to lots and/or structures.
(2) Private roads shall not be used to provide access to nonresidential areas.
(K) Other standards. The applicable sections of the Subdivision Regulations (Chapter 155 of this code of ordinances), and the off-street parking, signage and landscaping regulations of this Zoning Code shall apply.
(L) Procedure for approval of PUD District. Planned Unit Development Districts shall be approved in accordance with the procedures specified in divisions (M) - (V) of this section.
(M) Pre-application. The developer is encouraged to meet with the Building and Zoning Inspector and Planning Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purposes of this section and the criteria and standards contained herein, and to familiarize the developer with the Planned Unit Development process, and major thoroughfare plan, the subdivision regulations, and the drainage, sewer, and water systems within the city.
(N) Contents of application for preliminary development plan.
(1) An application for preliminary planned unit development shall be filed with the Planning Commission by at least one owner of the property for which the planned unit development is proposed.
(2) At a minimum, the application shall contain the following information:
(a) Name, address, and phone number of applicant.
(b) Legal description of property.
(c) Description of existing use.
(d) Present and proposed zoning districts.
(e) A vicinity map at a suitable scale, showing property lines, streets, existing and proposed zoning for all property adjacent to and within 200 feet from the proposed site.
(f) A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the Fayette County Auditor's current tax list.
(g) Proposed schedule for the development of the site.
(h) Evidence that the applicant has sufficient control over the land in question to effectuate the proposed development plan.
(i) A Preliminary Development Plan drawn to scale, prepared by a registered architect, registered engineer and/or registered landscape architect. Such plan shall contain the following information at a minimum:
1. Selected uses by area or specific building location, allocation of land use by type as measured in acres, adjacent existing land use, right-of-way, and relationship to adjacent land use.
2. General location of thoroughfares, including type, as well as location and size measured in number of parking spaces for all off-street parking areas, including curb cuts.
3. Open space and the intended uses therein and acreage provided.
4. Residential land uses summarized by lot size, dwelling type and density.
5. Existing roads, buildings, and permanent facilities, easements, right-of-way and abutting property boundaries, and existing and proposed utilities.
6. Physical features and natural conditions of the site including the location of vegetation and existing tree lines.
7. Surface drainage and areas subject to flooding.
8. Preliminary plan for water, sewer, storm drainage and other utility systems.
(O) Review procedure.
(1) Ten copies of the completed application and Preliminary Development Plan shall be submitted to the Building and Zoning Inspector at least ten days prior to the Planning Commission's next scheduled meeting. Failure to submit a complete application, as determined by the Building and Zoning Inspector, shall result in a refusal of acceptance.
(2) The Building and Zoning Inspector shall transmit the complete application package to the Planning Commission, and other parties as the Building and Zoning Inspector deems appropriate, for review and comment.
(3) A public hearing of the Planning Commission shall be held not more than 45 days from the date of acceptance of the application package. The procedure for notification of such healing shall be set forth in § 156.227(E)(1) and (2) of this chapter.
(P) Action by Planning Commission. Within 35 days from the public hearing, the Planning Commission shall review the application for preliminary development plan and forward one of the following recommendations to City Council:
(1) Recommend that the zoning amendment be granted as requested.
(2) Recommend modification of zoning amendment.
(3) Recommend that the zoning amendment be denied.
(Q) Criteria for recommendations by Planning Commission.
(1) Before making its recommendation as required in division (P) of this section, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
(a) Each individual unit of the development, as well as the total development, can
exist as an independent unit capable of creating an environment of sustained desirability and stability; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under standard district regulations.
(b) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development.
(c) Any proposed commercial development can be justified at the locations proposed.
(d) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accord with the Planning Commission.
(e) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(f) The existing and proposed public services are adequate for the population densities and uses proposed, and in conformance with planned capital improvements.
(2) In making its recommendation, the Planning Commission may seek the assistance and input of outside consultants and/or experts procured for that purpose.
(R) Action by City Council. Upon receipt of the recommendation by the Commission, City Council shall review and take action on the application, following the procedures specified in § 156.227(F) of this chapter. Following approval by City Council, the subject shall be considered as zoned PUD. The approval of that zoning shall be conditioned on development of the tract being in conformance with the Final Development Plan.
(S) Final Development Plan. Not later than 12 months from the approval of the Preliminary Development Plan, the developer shall submit ten copies of the Final Development Plan to the Planning Commission. The Final Development Plan shall be in general conformance with the Preliminary Development Plan. Failure to submit a Final Development Plan within the specified time period shall render the approved Preliminary Development Plan and the rezoning of the property null and void.
(T) Contents of application or approval of Final Development Plan. An application for approval of the Final Development Plan shall be filed with the Building and Zoning Inspector at least ten days prior to the Board's next scheduled meeting by at least one owner or lessee of property for which the planned unit development is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for Final Development Plan. The Final Development Plan shall be prepared by a registered architect, engineer, or landscape architect and, at a minimum, shall contain the following information:
(1) A survey of the proposed development site, showing the dimensions and bearings of the property lines, areas in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses.
(2) All the information required in the Preliminary Development Plan; including the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity; and land use considered suitable for adjacent properties.
(3) A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres on the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; estimated non-residential population anticipated timing for each unit; and population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard zoning districts or other resolution governing development.
(4) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations; waste disposal facilities; street improvements, and nature and extent of earth work required for traffic circulation and street improvements, and nature and extent of earth work required for site preparation and development.
(5) Site plan, showing building(s), various functional use areas, circulation and their relationship.
(6) Architectural renderings and accompanying narrative to discuss in detail the design treatment of all buildings and structures where applicable.
(7) Landscaping plans.
(8) Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of land, and the improvements thereon, including those areas which are commonly owned and maintained.
(U) Procedure for review of Final Development Plan. A public hearing of the Planning Commission shall be set for not less than 45 days from the date of acceptance of the Final Development Plan by the Building and Zoning Inspector. The procedures for notification of the public hearing shall be set forth in § 156.227(F)(1) and (2) of this chapter.
(V) Action by the Planning Commission. Within 35 days of the public hearing, the Planning Commission shall approve, or approve with modification, the Final Development Plan if it finds that said plan is in conformance with the approved Preliminary Development Plan, and that no significant constraints exist to construction of the project as planned.
(W) Expiration and extension of approval period. The approval of the Final Development Plan shall be for a period of not to exceed three years. If no construction has begun within three years after approval is granted, the approved development plan shall be null and void, and the land shall revert to the zoning district in which it was located prior to the amendment. An extension of this time limit may be approved if the Planning Commission finds that such extension is in the public interest.
(X) Platting.
(1) The creation of new parcels under any planned unit development shall be subject to platting under the Subdivision Regulations. Failure to submit an application for platting of a portion of such property no later than 24 months from the effective date of the rezoning shall render the zoning null and void and the property shall revert to its previous zoning classification.
(2) To reduce the length of the review and approval process, a preliminary subdivision plat can be submitted simultaneously with the Development Plan for rezoning to the PUD District to initiate both rezoning and subdivision processes. A final subdivision plat cannot be submitted for review until an amendment to the Zoning Code has been approved by City Council and such amendment has become effective.
(Ord. 34-90, passed 12-26-90)