(a)   The purpose of the Planned Unit Development District is to permit comprehensively planned developments approved by the Planning Commission and Village Council under more flexible zoning guidelines and site design criteria than permitted in traditional districts.

   (b)   The suspension of traditional zoning provisions is intended to: encourage creative, high quality site design practices in the development of residential and commercial areas; promote harmony and integration with existing developments; protect adjoining properties from adverse impacts; promote safe and efficient pedestrian, bicycle, and vehicular movement; promote efficient layout of infrastructure; and to promote protection or enhancement of natural and historic resources.

   (c)   In place of enforcing the traditional zoning provisions, the Village may exercise control through approval, denial, or amendment of the Development Plan and by requiring standards, design criteria, conditions, and agreements appropriate for the particular site it surrounds, and for the proposed use or uses. While certain modifications to the requirements of the Subdivision Ordinance may be permitted in a Planned Development, careful coordination of the design and review of the proposed platting and improvements is encouraged.

(Ord. 98-12. Passed 4-7-98.)

   The minimum area which may be classified as a Planned Unit Development shall be fifteen (15) acres. All Planned Unit Developments shall be served by public water and sanitary sewer facilities.

(Ord. 98-12. Passed 4-7-98.)

   Within a Planned Unit Development District no building, structure or premises shall be used, arranged to be used, or designed to be used, in whole or in part, except for one or more of the following uses specifically enumerated as permitted or accessory uses in the RMF1, BN, and BOP Districts provided that each such use is identified on and approved as part of the Development Plan.

   The Planning Commission and Council shall determine the appropriateness of each proposed use in reviewing the Development Plan, giving consideration to the standards established herein and any other considerations deemed by the Commission and Council to be significant in determining the appropriate use or uses for the proposed District. The Commission and Council shall have the authority to deny approval for any proposed use when determined to be inappropriate due to potential impacts, incompatibility with the surrounds, or other reasons.

(Ord. 98-12. Passed 4-7-98.)

   The following additional restrictions shall apply to uses in Planned Unit Developments:

   (a)   Maximum Residential Density. The maximum density of dwelling units shall be as set forth on the approved Development Plan, but shall in no case be greater than six (6) dwelling units per net acre.

   (b)   Commercial and Office Uses. Commercial, office, and related uses, along with their required parking areas, shall not occupy more than fifteen percent (15%) of the gross land area of any Planned Unit Development.

   (c)   Open Space. Open space and recreation areas shall be as set forth on the final approved development plan provided, however, that the land area designated for open space and recreational use shall not be less than fifteen percent (15%) of the total land area of the Planned Unit Development.

(Ord. 98-12. Passed 4-7-98.)

   (a)   Lot and yard dimensions shall be as established in the approved Final Development Plan.

   (b)   On the boundaries where the Planned Unit Development abuts other zoning districts, the minimum setbacks from the District boundary shall be no less than the minimums required for each abutting district unless specifically varied by approval of the Planning Commission.

   (c)   In review of lot and yard dimensions and the heights and spacing of buildings, the Planning Commission shall give consideration to the spacing necessary for adequate visual and acoustical privacy, adequate light and air, fire and emergency access, building configurations, energy-efficient siting, and the relationships of building sites to circulation patterns.

   (d)   The maximum heights of all structures in Planned Unit Developments shall be as established by the Commission and Council as part of the Final Development Plan approval.

(Ord. 98-12. Passed 4-7-98.)

   (e)   The riparian setback for each permitted use and conditionally permitted use within any Planned Unit Development shall be twenty-five feet measured from the stream center of Snipe Creek.

(Ord. 2006-12. Passed 7-11-06.)

   The Final Development Plan shall comply with the parking requirements of this Zoning Ordinance, except that the Planning Commission may vary such requirements where a finding is made that the provisions are excessive or inappropriate for the use proposed or that the provisions are satisfied by alternative methods clearly indicated in the Final Development Plan.

(Ord. 98-12. Passed 4-7-98.)

   Applications for rezoning to a Planned Unit Development District shall follow all of the procedures and requirements for rezonings as set forth in Chapter 1149. In addition, the information required for preliminary site plan approval as set forth in Chapter 1153 shall also be submitted as part of any such application.

(Ord. 98-12. Passed 4-7-98.)

   In reviewing and determining whether to recommend approval or disapproval of a Planned Unit Development, the Planning Commission shall consider, but shall not be limited to consideration of the following characteristics of the proposed development:

   (a)   The comprehensive nature and design of the Development Plan, including appropriate and intentional design of the physical, aesthetic, and economic relationships among its parts.

   (b)   The suitability of the site proposed for zoning as a Planned Development District, including its location, area, relationship to existing development in the community, natural features, relationship to community plans, and such other characteristics as the Planning Commission may deem important.

   (c)   The anticipated effects of the proposed development upon the Village and upon adjoining and proximate neighborhoods and properties, including the impacts of traffic, storm water, noise, lighting, utilities, aesthetic values and other impacts.

   (d)   The adequacy of planned roads, drives, parking, and loading areas to meet the projected demand for such facilities and to integrate with existing and planned facilities in the Village.

   (e)   The adequacy of planned pedestrian and bicycle facilities to meet the demand for such facilities, to integrate with existing and planned facilities in the Village and to promote use of such transportation modes.

   (f)   The suitability of the location, dimensions, access to streets and utilities of each proposed lot within the District, given the nature of the use or uses proposed on each such lot.

   (g)   The adequacy of utilities to serve the proposed development and the suitability of the proposed utility design within the District.

   (h)   The proper orientation and relationship of the proposed elements of the development with natural and historic features and resources both on and off site, the degree to which the development has been designed to protect and enhance such features and resources, and the measures taken to mitigate negative impacts on such features and resources both on and off site.

   (i)   The relationships of the architectural and site design characteristics among the areas of the development and with surrounding properties.

   (j)   The availability of recreation and open space sites and facilities (existing and proposed) for use by the residents of the proposed development.

   (k)   The nature and extent of proposed landscaping, existing vegetation and landform to be retained, and of proposed screening and buffering.

   (l)   The suitability of the proposed separations between uses and buildings, including any proposed setbacks or yards, given the nature of the use or uses so controlled and the relationships and impacts of one use upon another.

   (m)   The suitability of the total acreage and total floor area proposed for each type of use, and the number and bulk of buildings proposed for each type of use.

   (n)   The suitability of proposed condominium or homeowners association agreements, deed restrictions, protective covenants, and other legal statements or devices intended to provide for the future use, ownership, operation and maintenance of areas of the planned development and its improvements.

   (o)   If non-residential uses are proposed, the projected traffic impacts, loading requirements, and the likely number of employees.

   (p)   The ability of each proposed phase of the development, or of any group of developed phases, to meet the standards established in this Zoning Ordinance.

(Ord. 98-12. Passed 4-7-98.)

   The extent and complexity of certain applications for Planned Unit Developments will require that the Planning Commission obtain review assistance, statements of opinion, and reports from qualified professionals such as civil engineers, planners, appraisers, architects, and attorneys. The Planning Commission shall determine when such studies or expert advice are necessary to evaluate a proposed Planned Unit Development relative to the requirements of this Zoning Ordinance. The Commission shall advise the owner if such studies are required and will require the owner to provide to the Village sufficient funds to pay for such studies.

(Ord. 98-12. Passed 4-7-98.)

   The Commission and Council may, where it is deemed appropriate to accomplish the purpose and intent of these regulations, to clarify and ensure compliance with the provisions of the development plan, and to adequately protect the public interest, require the developer of a Planned Unit Development to execute a Development Agreement which sets forth the items to be performed by the developer and the Village, time frames for completion of those items, and such other matters as appropriate. Such Development Agreements shall be reviewed and approved as to form by the Village Solicitor.

(Ord. 98-12. Passed 4-7-98.)

   The owner of a property within a Planned Unit Development may submit plans for amendment of the Final Development Plan approved for the District. The Planning Commission shall review such amended plan and may approve the amendment if it determines that the amendment is substantially in conformance with the form, nature, and intent of the Final Development Plan approved by Village Council.

   If the Commission determines that the amendment is not substantially in conformance with the form, nature, or intent of the Final Development Plan approved by Council, then it shall make a recommendation to Council regarding the approval or disapproval of the amendment. Council shall proceed as if considering an amendment to the Zoning Map.

(Ord. 98-12. Passed 4-7-98.)

   Subsequent to the approval of a Planned Unit Development District, all subdivision plans, site plans, building permits, and other plans for improvements and any development or construction within the District shall be in substantial compliance with the approved Final Development Plan and any conditions of such approval adopted by Village Council in approving the District. When the Zoning Inspector determines that a proposed plan, request for permit, development or construction may not be in compliance with the Final Development Plan, he shall refer such request to the Planning Commission for determination of compliance or noncompliance.

(Ord. 98-12. Passed 4-7-98.)

   Application and review fees for rezonings for Planned Unit Developments, PUD Development Plan Reviews, and modifications to approved Development Plans, shall be as set forth in the fee schedule as established by Council.

(Ord. 98-12. Passed 4-7-98.)