(a) GENERAL PURPOSE. The regulations set forth in this section are designed to deal with certain types of problems that arise only in connection with large-scale residential developments, also known as planned unit developments, and to promote and facilitate better site planning and community planning through modified application of the district regulations in such developments. Such large-scale residential developments may involve more than one zoning lot, but shall be planned as one unit. The regulations of this section are designed to allow greater flexibility for securing better site planning for the development of vacant land and to provide incentives toward that end while safeguarding the present or future use and development of surrounding areas, and specifically:
(1) To achieve more efficient use of increasingly scarce land or of annexed land within the framework of the overall bulk controls established by the city in furtherance of its Comprehensive Plan;
(2) To enable open space in large-scale residential developments to be arranged in such a way as best to serve active and passive recreation needs of the residents;
(3) To protect and preserve scenic assets and natural features;
(4) To foster a more stable community by providing for a population of balanced household sizes, incomes, and ownership or rental tenure;
(5) To encourage harmonious designs incorporating a variety of building types and variations in the siting of buildings;
(6) And thus to promote and protect public health, safety, and general welfare.
(b) DEFINITION. A Planned Residential District is a large-scale residential development or development predominantly for residential uses, on a tract of land containing a single zoning lot or two or more zoning lots which are contiguous or would be contiguous but for their separation by a street. The tract of land shall have an area of at least two and one-half acres and a total of at least 35 dwelling units. The tract shall be developed as a unit.
(c) ZONING DESIGNATION. The R-5 zoning designation shall be mapped on the subject site upon application. R-5 may be mapped anywhere in the city or on annexed lands.
(d) ALLOWED USES. The principal permitted uses within the residential development shall be those uses permitted in the R-4 Residential Zone. The principal accessory uses in the residential development areas shall be those uses permitted in the R-4 Residential Zone and those commercial uses permitted in the C-1 Neighborhood Commercial Zone. Accessory uses shall comply with the following:
(1) There may be an administrative building for the development, a special commercial building or a building providing community facilities for the exclusive use of occupants of the development and their guests.
(3) Total accessory floor area shall not exceed five percent of the gross floor area of all the dwellings within the planned residential development area.
(4) If the planned residential development is constructed in stages, at no time shall the floor area of the existing commercial area exceed fifteen percent (15%) of the gross floor area of the existing dwellings within the development area.
(e) REQUIREMENTS FOR APPLICATIONS. Any applicant wishing to construct a planned residential development area may submit to the Planning Commission an overall site plan for the development of a residential development area. The overall site plan shall contain the following:
(1) The name of the property owner or owners, who must be the applicant, except when the residential development area is an officially approved urban renewal project, in which instance property ownership is not required. This condition, however, will be satisfied if, at the time the applicant submits his overall plan, he is the owner of an option to purchase the property within the residential development area.
(2) A site plan indicating the planned location and heights of all buildings and their use, off-street parking areas, driveways, recreation areas, easements, walks, the location, type and heights of walls, the extent of landscaping, and the location of existing natural features such as important trees or clusters of trees, streams, creeks, rivers, or rock formations.
(3) A copy of any deed restrictions intended to be recorded.
(4) The character and approximate density of the dwellings.
(5) The character and approximate percentage of nonresidential acreage and floor space per structure.
(6) The approximate location of public streets.
(7) The approximate location of public uses such as schools, parks, playgrounds and other open areas.
(8) A statement of the manner in which the common open space shall be maintained and operated following completion of the planned residential development area.
(9) A subdivision plan if necessary.
(10) A statement, with maps and photographs as necessary, regarding the existing physical characteristics of the subject lot(s). At minimum, this statement shall include:
A. Total area of the project
B. Zoning districts in the project
C. Rights of way and easements
D. Existing and proposed topography
E. Existing and proposed uses
F. Pedestrian and vehicular circulation
G. Utilities
H. Phasing schedule.
(f) REVIEW AND APPROVAL PROCEDURE.
(1) The framework of the review and approval procedure is the standard site plan process as found in Article 1373, Site Plan Review. The plan and any supplemental information shall be submitted to the Planning Commission for study and report. Other conditions and concerns that the Planning Commission will use to review the proposed development are:
A. The extent to which the proposed plan is in compliance with or deviates from adopted municipal plans, goals, and policies;
B. The suitability of the subject property for the proposed uses
C. The adequacy of public facilities such as transportation, utilities, and other required public services to serve the proposed uses
D. The effect of the proposed rezoning and development plan on surrounding uses
E. The effect of the proposed rezoning and development plan on the economic viability of existing developed and vacant land within the City.
(2) After the sketch plan has been reviewed and as part of the preliminary site plan review, the applicant shall apply for the necessary rezoning of the subject lot(s) to R-5. After notice and hearing for the requested change in zone classification as required by Section 1377.06, the Planning Commission shall report its recommendations for approval or disapproval, together with the reasons therefor and additional requirements, if any, to Council for action.
(3) Once the property has been rezoned, the Planning Commission shall continue its review of the planned residential development area in conformance with the standard site plan review process and the restrictions or standards stated below. The Planning Commission may waive or reduce requirements. Parking requirements may be reduced to no less than 65% of the otherwise required total of parking spaces. If affordable housing is provided within the development, on-street parking spaces may be counted toward the required parking total. Within one year following the approval of the R-5 Planned Residential District for the planned residential development area, the applicant shall submit to the Commission a preliminary plan for the development of all or a portion of the residential development area, which preliminary plan shall include the following:
A. The information required in the overall development plan in detailed form.
B. A general development schedule stating the approximate date when construction of the project will begin and the approximate completion date of each stage of the project.
C. An off-street parking and loading plan.
D. A circulation diagram showing the proposed movement of vehicles, goods and pedestrians within the planned residential development and traffic regulating devices needed to facilitate or insure the safety of the circulation pattern.
E. A drainage plan or plan for control of stormwater and surface water, with special emphasis on off-street parking areas. All utility locations shall be shown on the site development plan.
F. An erosion and sedimentation control plan for the construction and occupancy phases.
G. Landscape and tree planting plan.
H. An economic feasibility report or market analysis.
(4) Within one year following the approval by the Commission of the preliminary plan or at such other time as the Commission may direct, the applicant shall file a final plan for the planned residential development with the Commission, which final plan shall be approved by the Commission if the plan meets the following requirements:
A. The final plan must be in substantial compliance with the previously approved preliminary plan.
B. The final plan must be consistent with the comprehensive plan of the City.
C. All public improvements included with the residential development area must comply with the ordinances of the City regarding subdivisions and approval of the subdivision must be completed prior to the submission of the final plan.
D. The final plan for the residential development area must harmonize and be developed in accordance with the area surrounding and adjacent to the project area.
E. Density shall not be less than the minimum lot area per dwelling unit as permitted in the zone existing prior to the change in zoning classification. Such density shall be based on the overall gross acreage within the planned residential development area less streets and off-street parking areas. If the property involved was previously zoned more than one different zoning classification, the more restrictive zoning regulation shall apply.
(5) All buildings not attached or having common walls shall be separated by a minimum distance of ten feet.
(6) All standards of the zone in which the tract is located at the time of application shall be complied with except that yard requirements may be modified for the protection of adjacent properties. Yard requirements need only be applied in relationship to the tract boundary.
(7) A minimum of fifteen percent of the project area included within the planned residential development shall be devoted to usable common open space and recreation facilities. Off-street parking areas, streets and required yard areas shall not be counted for this purpose. Every property developed within the planned residential development should be designed to abut upon common open space.
(g) COMMON OPEN SPACE. All land shown on the final development plan and designated as common open space land must be conveyed to a public agency or a community association which agrees to maintain the common open space and any buildings, structures or other improvements which have been placed on it; no common open space may be used for any purpose not specified in the final development plan until the final development plan has been amended and approved by the Commission to permit such use.
(h) AMENDMENTS TO THE FINAL PLAN. No changes may be made in the approved final plan for the residential development area except upon application to the Commission as follows:
(1) Minor changes in the use, location, siting, height of buildings, street alignment and structures may be authorized by the Commission as required by engineering or other circumstances not foreseen at the time the final planned residential development plan was approved, provided that such changes will not affect street alignment or utility locations outside the planned residential development area.
(2) If the Commission finds that the proposed changes constitute major changes in use, rearrangement of lots, blocks, building tracts, changes in provisions of common open space or other major changes, approval shall only be granted as provided by subsection (e) above.
(3) Changes in the drainage plan shall not be allowed except for changes at the connection between a structure and the system. All changes shall be approved by the City Engineer.
(i) CONSTRUCTION.
(1) Construction may begin when the applicant/developer has all necessary permits and a bond, letter of credit, or other guaranty has been accepted by the city.
(2) In the event that construction of the planned development has not begun within two years from the date of final approval, the district shall revert to the same zoning classification(s) which existed prior to the approval of the R-5 Residential Zone. The zoning regulations of the prior zone shall thereupon be in full force and effect. The Planning Commission may, however, grant a reasonable extension of time beyond the two-year period, for the beginning of construction if, in its opinion, good cause has been shown for the delay.