It is the intent of this provision to encourage flexible and creative concepts in site planning and building arrangements under a unified plan of development rather than under conventional lot-by-lot regulation. The developer benefits from better land utilization, economy in the provision of roads and utilities, and flexibility in design. The community benefits from efficient use of land, preservation of natural amenities and environmentally sensitive areas, and lower development and housing costs. Review and approval of the development plan provides the opportunity to assure that the development will be in harmony with the character of the neighborhood in which it is located.

(Ord. of 10-09)

The review shall consider the following general objectives and purposes to result in approval or denial of a proposed Planned Unit Development:

1.

Whether the development will be compatible with the topography, hydrology, and other natural features of land; and whether any unusual topographic or other natural features will be disturbed.

2.

Whether the character, design, and layout of proposed land uses are adequate and appropriate to encourage desirable living conditions, and to provide for separation and screening between dissimilar uses within and adjacent to the PUD.

3.

Whether the development will be able to preserve and protect the natural amenities including watersheds, wetlands, groundwater recharge areas, floodplains, steep slopes and wooded areas.

4.

Whether the development will adversely affect developed or undeveloped neighboring properties.

5.

Whether the existing and/or proposed streets, utilities, and other public services are adequate to serve the development, including perpetual maintenance and adequate security.

(Ord. of 10-09)

1.

Planned Unit Development - Residential (PUD-R). PUD-R is a planned residential development without commercial facilities. The minimum acreage requirement is two (2) acres. A development may contain any combination of residential uses plus the following: Accessory uses - subject to the requirements of VIII-B.1 Supplementary Regulations; Dwellings: multi-family, single-family detached, townhouse/condominium; Zero lot line development; Group personal care homes; Neighborhood centers; Bed and Breakfast home; Cemeteries, Religious and Private; Child care home, family; Churches; Government buildings; Schools, public, private or parochial; Sewage treatment facilities, public or private; Utility facilities (gas, electric, telephone, transformer stations); Water treatment facilities; Golf courses and club houses; Parks and recreation facilities.

2.

Planned Unit Development - Commercial (PUD-C). PUD-C is a planned residential development with commercial uses as listed in IX.C.1 and also including: Bakeries/Pastry shops; Book, card, and stationary stores; Convenience stores without fuel pump service; Drug stores/pharmacies; Florist shop; Retail stores offering common merchandise; shoe repair shops; Banks and auto-tellers; Clinics, public and private; Coin laundries; Laundry pick-up and dry clean services; Office, business and professional; Video sales and rental; Child care center, group; Child care facility. The minimum acreage requirement is fifty (50) acres and the following criteria shall apply:

a.

Amount and Type of Commercial Uses. The proposed commercial uses shall be designed to primarily serve the planned development and shall be justified by the developer in a required market analysis report that contains the following information:

1)

The trade area of the proposed commercial facilities including present and prospective population.

2)

The effective buying power in such trade area.

3)

The extent that the proposed commercial facilities already exist in the trade area.

4)

The need for the proposed facilities.

b.

Floor Area Ratio. There shall not be less than four (4) square feet of commercial lot area for each (1) square foot of permitted commercial floor area (FAR = .25).

c.

Design Layout. Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping serving commercial facilities permitted in a Planned Unit Development and control of signs, lighting, noise or other potentially adverse influences shall be designed to protect the residential character within the Planned Unit Development and any adjoining residential district.

d.

Retail Sales and Service. All retail sales and services permitted in a PUD-C shall be conducted entirely within a wholly and permanently enclosed building(s) which shall be of an architectural design compatible with the residential structures within the Planned Unit Development.

e.

Building Permit Approval. No building permit for any approved commercial facility shall be issued until at least twenty-five percent (25%) of all planned residential dwelling units have received a Certificate of Occupancy.

(Ord. of 10-09)

1.

PUD Locations and Abutting Developments. A PUD may be located within any residential district if it meets all the required standards for Planned Unit Developments and a rezoning request is approved. Commercial uses, attached dwelling units, or multi-family developments within a proposed PUD shall be designed with sensitivity to existing single-family residential dwellings that surround the PUD. Access to such facilities shall be from internal streets serving the planned development.

2.

Minimum Lot Area and Yard Requirements. Such requirements for each use may be waived upon the approval of a final plan and a final plat.

3.

One Principal Building per Lot. Lots developed for single-family detached dwellings shall have only one principal building per lot.

4.

Separation of Buildings. The minimum distance between all buildings shall be twenty (20) feet, except for ZLL developments which shall be fifteen (15) feet. Such distance shall be measured from the outermost projection of any part of the building.

5.

Minimum Floor Area. The minimum floor area for each residential use is as follows:

Single-family detached dwelling - 900 square feet.

Single-family attached dwelling - 850 square feet.

Multi-family dwelling:

- 425 sf per one (1) bedroom dwelling.

- 625 sf per two (2) bedrooms dwelling.

- 825 sf per three (3) bedrooms dwelling.

6.

Gross Density. The maximum gross density in a PUD shall not exceed eight (8) dwelling units per acre.

7.

Ownership. Planned Unit Development sites shall be under single ownership and/or unified control until developed. If upon application, the applicant does not have a full ownership interest in the land, then evidence of full ownership by a single individual, a partnership, tenants in common, a corporation, or by some other legal entity must be provided before the final plan and final plat are approved.

8.

Streets and Parking Requirements. Principal vehicular access points to a Planned Development shall be designed to permit smooth traffic flow and minimum hazards to vehicular or pedestrian traffic. Internal traffic circulation systems must be designed to assure safety, convenience, and adequate access by both the public and emergency vehicles to dwelling units and non-residential facilities.

a.

Public or Private Streets. The application for a Planned Unit Development shall stipulate whether the streets within the development are to be public or private. If the streets are proposed to be private, the developer shall submit a legal instrument or instruments setting forth a plan for the perpetual maintenance and repair of the proposed private streets. Regardless whether the streets are publicly or privately owned and maintained, they shall be constructed to the minimum standards specified in the Chatsworth Subdivision Regulations.

b.

Parking. Parking facilities within a Planned Unit Development shall meet the minimum standards per use as specified in Article XI, Section I and J of this Ordinance.

9.

Buffer Requirements.

a.

The perimeter of the PUD must at a minimum, comply with the buffer requirements provided in Article VI of this Ordinance.

b.

All buffer areas shall be designated on the appropriate permit applications(s) and indicated as a permanent buffer areas on the required buffer plan or final subdivision plat, as appropriate.

c.

When the uses proposed within a PUD are adjacent to existing dissimilar uses outside the PUD, a buffer is required for the PUD boundary.

d.

When the uses proposed within a PUD are adjacent to vacant land that is zoned for dissimilar uses, the buffer shall be required on the property that allows the more intensive uses to develop; if the property adjacent to the PUD is vacant and unzoned, the PUD is not required to provide a buffer.

e.

If due to the topography or other conditions, the Planning Commission determines that the buffer requirements of this article are not adequate, the Commission may then recommend such additional buffer for cause.

10.

Utilities. All Planned Unit Developments shall be served by a public water system and a public sewage disposal system or a community sewage treatment system approved by the appropriate state or local authorities.

11.

Deed Covenants. The entire Planned Unit Development shall be included within private deed covenants running with the land to assure the continuance of the Planned Unit Development in accordance with approved plans and developments.

12.

Homeowners Association. If a homeowners association is proposed, a declaration of covenants and restrictions that will govern the association shall be submitted as evidence that the Association is established before any homes are sold and shall include provisions requiring that:

a.

Membership must be mandatory for each buyer and any successive buyer.

b.

The open space restrictions must be permanent, not just for a period of years.

c.

The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

d.

The association must be able to adjust the assessment to meet changing needs.

13.

Coordination with Subdivision Regulations. Review of a Planned Unit Development under this section shall be submitted in a form and sequence that satisfies the preliminary and final plat requirements of the Chatsworth Subdivision Regulations. The approved final plat shall be recorded in the same manner as other subdivision plats along with the necessary covenants and restrictions applicable to the development. Individual properties in a Planned Unit Development may not be sold until the final plat is approved and recorded.

14.

Open Space Requirements.

a.

Common open space shall comprise at least ten percent (10%) of the gross area of the Planned Unit Development to be used as recreational or park facilities, or as an environmental amenity for the collective enjoyment of the occupants of the development. Common open space shall not include public or private streets, parking areas, driveways, or utility right-of-ways.

b.

For density purposes, land area proposed for common open space may be allocated to single-family detached, single-family attached, and multi-family uses areas in proportion to the ratio of each use to the total area of residential use, provided that open space acreage allocated to a use must be reasonably accessible to that use.

c.

A Planned Unit Development shall be approved subject to the submission of a legal instrument (ie. Homeowners Association) setting forth a plan for the permanent care and maintenance of such open spaces, recreation areas, private streets and other communally owned facilities. Such instrument shall be approved by the City Attorney as to legal form and effect.

d.

The required open space shall be developed and landscaped by the developer in accordance with an approved plan.

15.

Signage. Signage within a PUD are limited to only ground, window, or wall signs as defined in Article X of this Ordinance.

(Ord. of 10-09)

1.

Pre-Application Conference. Prior to filing a formal application for a PUD, the applicant is encouraged to confer with the Zoning Administrator to review the general character of the plan, and to obtain information on projected programs and other matters.

2.

Plan Application. An applicant shall file an application for rezoning. This application shall be supported by a written statement of intent and a Site Development Plan.

a.

Site Development Plan. A site development plan shall be required to encourage logical and innovative design and also assure that the proposed development will be compatible with surrounding areas. Such site development plan shall be submitted in conjunction with the application for rezoning and the City Council may approve the rezoning request based on conditions stipulated in an approved site plan that is recommended by the Planning Commission. For a property requiring a subdivision approval, the City of Chatsworth Subdivision Regulation Regulations shall apply in addition to the site plan requirements. The Site Development Plan shall be prepared according to the requirements in Article IX, Section D of this Ordinance.

b.

Statement of Intent. A narrative shall be submitted with the preliminary plan to describe the following:

1)

A statement of planning objectives to be achieved by the Planned Development (ie., rationale for the proposal).

2)

An explanation regarding the status of ownership of the proposed tract(s).

3)

The proposed market selling price of each type of dwelling unit; or if rental, the proposed rent structures.

4)

A description of the proposed recreation facility improvements in the development.

5)

A statement to determine whether the streets are to be dedicated to the city or reserved as private streets.

6)

The developer should address the current traffic volume on the roads that access his proposed development and analyze the impact of his proposed development on these streets; estimate the number of turning movements in all directions per day; address the need for traffic control devices; address the need for lane separation devices or the development of acceleration/deceleration lanes into and out of the development; and include the proposed schedule for the completion of all traffic-related mechanisms.

7)

A general statement of the proposed development schedule, (if known).

(Ord. of 10-09)

1.

Zoning Procedures, Public Notices and Public Hearing. An application on a Planned Unit Development is a request for a zoning decision and will be subject to the adopted Chatsworth Zoning Procedures and Standards.

2.

Submission of Final Plans and Plats. The final site development plans, consistent with any requested modifications, and final plats, consistent with the adopted subdivision regulations, shall be submitted by the developer for action by the Planning Commission, the final platting authority.

3.

Major Revision of the Planned Development Plan. Major or substantial changes in an approved Planned Unit Development plan that affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes shall require the developer to submit a written request for revision of the development plan and shall require a new public hearing to review such changes. Actions on the revisions shall be consistent with the Chatsworth Zoning Procedures Ordinance.

4.

Failure to Report Revisions. Should any revisions in the approved plan not be reported by the developer to the Zoning Administrator, in writing, the approval of the plan shall stand revoked unless and until the required approval is obtained.

(Ord. of 10-09)

1.

Grading Permits. A grading permit shall be required for any proposed Planned Development before any improvement or grading of land commences.

2.

Building Permits. After approval of the PUD plan and recording of the final plat(s), the Building Inspector shall issue building permits for the buildings and structures in the Planned Unit Development if they are in substantial conformity with the approved development plan, and other applicable regulations.

3.

Control of Area Following Completion. After completion of a Planned Unit Development, the use of land and construction, modification or alteration of any buildings or structures within the area covered by the plan shall be regulated by the approved development plan and the provisions of this resolution.

4.

Lapse of Approval. Under the following two situations, a PUD reverts to its original zoning district.

a.

Lack of Construction. Approval of an area as a Planned Unit Development shall lapse one (1) year from the date of the zoning decision by the Mayor and Council unless actual construction has been initiated or a request for an extension of one (1) year is granted by the Mayor and Council. Not more than one (1) extension shall be granted.

b.

Default of the Developer. If the developer should default regarding the implementation of an approved PUD, the approval of an area as a Planned Unit Development shall lapse one (1) year from the date of the default, unless other developer('s) initiate efforts to continue the approved PUD plan within the one (1) year period. New developer(s) must submit their revised schedule for construction to the Mayor and Council for acknowledgment and approval.

(Ord. of 10-09)