§ 124.21 PLANNED DEVELOPMENT DISTRICT (PDD).
   124.21(A)   Purpose of district.
   124.21(A)(1)   The is intended to encourage the implementation of innovative land planning and site designs that create enhanced living and working environments by providing flexible land and design regulations. A PDD would allow small- to large-scale areas to be developed with a variety of residential types and nonresidential that may contain both individual sites and common property, which are planned and developed as a unified district.
   124.21(A)(2)   The to be designed and organized so as to be capable of satisfactory and operation as a separate entity without necessarily needing the participation of other sites or other common property in order to function as a neighborhood. This Section specifically encourages innovations so that the growing demands of residential and nonresidential may be met by a greater variety in type, design, and siting of and by the conservation and more efficient of land. This Section shall also be utilized to protect, preserve, and enhance lands designated “Agriculture” by the certified Future Land Use Element of the City Comprehensive Plan through the adoption and enforcement of creative land development regulations.
   124.21(A)(3)   This Section recognizes that standard zoning and subdivision functions are appropriate for the regulation of land in areas of neighborhoods that are already substantially developed. Therefore, where concepts are appropriate, the land may be rezoned to a PDD District. In doing so, conventional and dimensional specifications are replaced by an approval process in which an approved plan becomes the basis for continuing land controls. This provides the mechanism by which the may approve land which meet or exceed the level of quality required by adopted zoning standards.
   124.21(A)(4)   It is intended that this district offer design flexibility to developers in order to encourage imaginative, functional, high quality Planning. The of this district shall be limited to those projects which will result in desirable community Environmental qualities and which is compatible with the surrounding lands and activities and consistent with the permitted of the Comprehensive Plan.
   124.21(B)   Design guidelines.
   124.21(B)(1)   Petitioner shall submit a as part of the rezoning request. The site shall contain design guidelines that shall include, but not be limited to, the following:
   124.21(B)(1)(a)   Signage.
   124.21(B)(1)(b)   Housing type.
   124.21(B)(1)(c)   Minimum size.
   124.21(B)(1)(d)   Minimum   .
   124.21(B)(1)(e)   Minimum square footage and, type for residential and nonresidential .
   124.21(B)(1)(f)   Maximum .
   124.21(B)(1)(g)   Front, Side, Rear , side yard .
   124.21(B)(1)(h)    to (pools, patios, etc.).
   124.21(B)(1)(i)   Typical for a detached residential unit.
   124.21(B)(1)(j)      .
   124.21(B)(1)(k)      .
   124.21(B)(1)(l)   Buffer .
   124.21(B)(1)(m)   Lighting.
   124.21(B)(1)(n)   Drainage.
   124.21(B)(1)(o)   Internal circulation.
   124.21(B)(1)(p)   Signage.
   124.21(B)(2)   Such design guidelines shall become a part of the PDD rezoning ordinance.
   124.21(C)   Common open space.
   124.21(C)(1)   All common open space shall be preserved for its intended purpose as expressed in the . The developer shall choose one or a combination of the following three methods of administering common open space, subject to approval by the , and the method chosen by the developer shall be stated in the :
   124.21(C)(1)(a)   Dedication to the of the common open space. This method is subject to formal acceptance by the in its sole discretion.
   124.21(C)(1)(b)   Conveyance to one or more associations, nonprofit corporations, or other appropriate entities provided all owning property within the Planned are members of one or more of the associations, nonprofit corporations or other entities so that the common open space will be used as specified on the and all common open space will be properly maintained.
   124.21(C)(1)(c)   Retention of ownership, control, and maintenance of all common open space by the developer.
   124.21(C)(2)   If the developer elects to administer common open space through one or more associations, not-for-profit corporations, or other entities, said organizations shall conform to the following requirements:
   124.21(C)(2)(a)   They shall be created prior to the sale of any property within a phase of the PDD.
   124.21(C)(2)(b)   Membership shall be mandatory for all property owners within the Planned or any phase thereof, and the organizations shall not discriminate as to race, color, religion, national origin, sex, age, marital status, political affiliation, their membership or shareholders.
   124.21(C)(2)(c)   They shall:
   124.21(C)(2)(c)1.   Manage all common open space and Recreational and cultural Facilities that are not dedicated to the public.
   124.21(C)(2)(c)2.   Provide for the maintenance, administration, and operation of said land and any other land within the planned not publicly or privately owned.
   124.21(C)(2)(c)3.   All privately owned common open space shall conform to the intended of and remain as expressed in the through the inclusion of appropriate covenants in all conveyances of land within the PDD. These covenants shall run with the land and be for the benefit of present and future property owners.
   124.21(C)(2)(c)4.   All common open space and public Recreational and cultural Facilities shall be specifically included in a Plan schedule that shall set forth the proposed improvements including but not limited to , hardscape features, recreational components both passive and active and lighting and be completed by the developer in accordance with such schedule.
   124.21(D)   Land regulations.
   124.21(D)(1)   Minimum size. All planned shall contain a minimum of five acres.
   124.21(D)(2)   Minimum area, distance between , , , and regulations.
   124.21(D)(2)(a)   No minimum size shall be required within a Planned except as specified by the , however, in no case shall the minimum size be less than the smallest permitted in any zoning category or in any other restrictive criteria for that particular .
   124.21(D)(2)(b)   No minimum distance between shall be required within a , except as specified by the or by the adopted by the .
   124.21(D)(2)(c)   Each or other permitted shall have access to the public either directly or indirectly via an approach, private road, pedestrian way, court, or other area dedicated to public or private or common easement guaranteeing access. The shall be allowed access on privately owned roads, easements, and common open space to ensure the police and fire protection of the area, to meet needs, to conduct municipal services, and to generally ensure the health and safety of the residents of the Planned .
   124.21(D)(2)(d)   There shall be no specified or yards except as approved by the , together with the following:
   124.21(D)(2)(d)1.   There shall be a Setback or yard not less than 25 feet in depth abutting all or Private road .
   124.21(D)(2)(d)2.   All lots of a Planned are to be controlled by the in accordance with the provisions of the City’s Land Development Chapter. The provisions governing changes in the will apply to the amendment of lines depicted on the .
   124.21(D)(2)(e)   No maximum limitations shall apply in a PDD except as specified in the .
   124.21(D)(3)    .   shall meet all the requirements of the , provided that additional Landscaped areas may be required for site plans that are adjacent to LAPCs, NRAs, parks, or residential zoning districts.
   124.21(D)(4)    .   within a PDD shall comply with the according to the types and density and intensity of permitted by the .
   124.21(D)(5)   Density and intensity of land . The density and intensity of land permitted within a PDD shall conform with the Future Land Use Element of the City’s Comprehensive Plan, in accordance with the categories of Planned set forth below.
   124.21(D)(6)   Platting. The property within a PDD shall be platted in conformance with the approved .
(Ord. 2010-21, passed 10-4-2010)