It is the intent of this district to authorize the use of planned unit development regulations for the purposes of: Encouraging the use of land in accordance with its character and adaptability; conserving natural resources, natural features and energy; encouraging innovation in land use planning; providing enhanced housing, employment, shopping, traffic circulation and recreational opportunities for the residents of Flat Rock; ensuring compatibility of design and use between neighboring properties; and, encouraging development that is consistent with the city's future land use plan.

The provisions in this article are not intended as a device for ignoring the more specific standards of the zoning ordinance, or the planning upon which the ordinance is based. To that end, provisions in this article are intended to result in land development substantially consistent with the zoning standards generally applied to the proposed uses, allowing for modifications and departures from generally applicable standards in accordance with guidelines in this article to insure appropriate, fair, and consistent decision making.

(Ord. No. 128-B, § I, 9-20-10)

A.

Eligibility criteria. To be eligible for planned unit development approval, the applicant must demonstrate that the following criteria will be met:

1.

Recognizable benefits. The planned unit development will result in a recognizable and substantial benefit to the ultimate users of the project and to the community.

2.

Minimum size. The minimum size of a planned unit development shall be ten acres of contiguous land, except that the minimum size shall be one-half acre within the boundaries of the downtown development authority (DDA). A site area smaller than one-half acre within the boundaries of the DDA may be eligible for planned unit development if it is determined by the planning commission that the intent of the PUD district can be achieved on a smaller site and the project is consistent with the objectives of the master plan for the downtown. The site area used to determine eligibility shall be the gross site area exclusive of public rights-of-way, provided that a minimum right-of-way of 86 feet shall be reserved for all adjacent roads.

3.

Use of public services. The proposed type and density of use shall not result in an unreasonable increase in the use of public services, facilities and utilities, and shall not place an unreasonable burden upon the subject site, surrounding land, property owners and occupants, or the natural environment.

4.

Compatibility with future land use plan. The proposed development shall not have an adverse impact upon the future land use plan of the city, and shall be consistent with the intent and spirit of this article.

5.

Economic impact. The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.

6.

Usable open space. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this ordinance.

7.

Unified control. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this ordinance.

The applicant shall provide legal documentation of single ownership or control in the form of agreements, contracts, covenants, and deed restrictions which indicate that the development can be completed as shown on the plans, and further that all portions of the development that are not to be maintained or operated at public expense will continue to be operated and maintained by the developers or their successors. These legal documents shall bind all development successors in title to any commitments made as a part of the documents. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is given to the city building official.

B.

Project design standards. Proposed planned unit developments shall comply with the following project design standards:

1.

Location. A planned development may be approved in any location in the city, subject to review and approval as provided for herein.

2.

Permitted uses. Any land use authorized in this ordinance may be included in a planned unit development as a principal or accessory use, provided that public health, safety and welfare are not impaired.

3.

Residential density. The permitted density of residential uses within a planned unit development shall be determined by the planning commission. The density established by the planning commission shall be consistent with the future land use plan and the standards contained in this ordinance, and upon determination by the commission that such density will not adversely affect water and sewer services, stormwater drainage, road capacity, traffic, parks and recreation, fire and police services, schools, character of the area, and any planned public and private improvements in the area.

4.

Applicable base regulations. Unless waived or modified in accordance with the procedures and standards set forth in this article, the yard and bulk, parking, loading, landscaping, lighting, and other standards set forth in the districts listed below shall generally be applicable for uses proposed as part of a planned unit development:

a.

Single-family residential uses shall comply with the regulations applicable in the R-1B, single-family residential district, article 9.00.

b.

Multiple-family residential uses shall comply with the regulations applicable in the R-3, multiple-family residential district, article 11.00.

c.

Commercial uses shall comply with the regulations applicable in the C-3, general commercial district, article 15.00.

d.

High-rise uses shall comply with the regulations applicable in the HR district, article 16.00.

e.

Office sues shall comply with the regulations applicable in the O-1, office district, article 17.00.

f.

Industrial uses shall comply with the regulations applicable in the M-1, light manufacturing district, article 19.00.

g.

Mixed uses shall comply with the regulations applicable for each individual use, as outlined above, except that if conflict exists between provisions, the regulations applicable to the most dominant use shall apply.

5.

Regulatory flexibility. To encourage flexibility and creativity in development consistent with the planned unit development concept, departures from compliance with the regulations in paragraph 4, above, may be granted as a part of the approval of the planned unit development. For example, such departures may include modifications of lot dimensional standards; floor area standards; setback requirements; density standards; parking, loading and landscaping requirements; and similar requirements. Such departures may be approved only on the condition that they will result in a higher quality of development than would be possible using conventional zoning standards.

6.

Open space requirements. Planned unit developments shall provide and maintain 25 percent of the gross area of the portion of the site that is designated for residential use as usable open space. Any pervious land area within the boundaries of the site may be included as required open space except for land contained in public or private street rights-of-way. Planned unit developments within the boundaries of the DDA may be approved with less than 25 percent usable open space if the project complies the objectives of the master plan for the downtown and the intent of the PUD district.

The required open space shall be set aside by the developer through an irrevocable conveyance, such as deed restrictions or covenants that run with the land, assuring that the open space will be developed according to the site plan and never changed to another use. Such conveyance shall:

a.

Provide for the privately owned open space to be maintained by private property owners with an interest in the open space,

b.

Provide maintenance standards and a maintenance schedule,

c.

Provide for assessment of the private property owners by the City of Flat Rock for the cost of maintenance of the open space in the event that it is inadequately maintained and becomes a public nuisance.

8.

Frontage and access. Wherever the total floor area of the principal structure(s) is 70,000 square feet or greater, the development shall front onto a paved county or city primary road or state trunkline, and the main means of access to the development shall be via the primary road or state trunkline. The nearest edge of any entrance or exit drive shall be located no closer than 400 feet from any street or road intersection (as measured from the nearest intersection right-of-way line).

Wherever the total floor area of the principal structure(s) is 30,000 square feet or greater, but less than 70,000 square feet, the development shall front onto a paved thoroughfare with at least two lanes of traffic in each direction, and with full passing and deceleration lanes.

Construction of private drives or secondary access drives as a means of providing indirect access to a public road shall be permitted in accordance with section 2.10.

9.

Natural features. The development shall be designed to promote preservation of natural animal or plant habitats of significant value exist on the site, the planning commission or city council may require that the planned unit development plan preserve the areas in a natural state and adequately protect them as open space preserves or passive recreation areas. One hundred percent of any preserved natural area may be counted toward meeting the requirements for open space.

10.

Utilities. All utility lines serving the planned unit development, whether designed for primary service from main lines or for distribution of services throughout the site, shall be placed underground at all points within the boundaries of the site.

11.

Additional considerations. The planning commission shall take into account the following considerations, which may be relevant to a particular project: Perimeter setbacks and berming; thoroughfare, drainage and utility design; underground installation of utilities; insulating the pedestrian circulation system from vehicular thoroughfares and ways; achievement of an integrated development with respect to signage, lighting, landscaping and building materials; and noise reduction and visual screening mechanisms, particularly from vehicular thoroughfares and ways; achievement of an integrated development with respect to signage, lighting, landscaping and building materials; and noise reduction and visual screening mechanisms, particularly in cases where nonresidential uses adjoin off-site residentially zoned property.

(Ord. No. 128-B, § I, 9-20-10)

The approval of a planned unit development application shall require an amendment to the zoning ordinance to revise the zoning map and designate the subject property as "planned unit development". Approval of a planned unit development, including all aspects of the final plan and conditions imposed on it, shall constitute an inseparable part of the zoning amendments.

Planned unit development applications shall be submitted in accordance with the procedures and requirements set forth in section 24.04. Section 24.04 calls for a two-step approval process as follows:

1.

The applicant shall first submit a preliminary development plan which shall be reviewed in accordance with normal zoning amendment procedures. The planning commission shall review the preliminary development plan, hold a public hearing, and make a recommendation to the city council. The city council shall have the final authority to act on a preliminary development plan and grant the requested planned unit development zoning.

2.

Following approval of the preliminary plan and rezoning to planned unit development, the applicant shall submit a final site plan for review by the planning commission in accordance with normal site plan review procedures.

(Ord. No. 128-B, § I, 9-20-10)

A.

Standards and requirements with respect to review and approval. In considering any application for approval of any planned unit development proposal, the planning commission and city council shall make their determinations on the basis of the standards for site plan approval set forth in section 24.02, as well as the following standards and requirements:

1.

Conformance with the planned unit development concept. The overall design and all uses proposed in connection with a planned unit development shall be consistent with and promote the intent of the planned unit development concept as described in section 22.01, as well as with specific project design standards set forth herein.

2.

Compatibility with adjacent uses. The proposed planned unit development shall set forth specifications with respect to height, setbacks, density, parking, circulation, landscaping, views, and other design and layout features which exhibit due regard for the relationship of the development to surrounding properties and the uses thereon. In determining whether this requirement has been met, consideration shall be given to:

a.

Access to major thoroughfares.

b.

Estimated traffic to be generated by the proposed development.

c.

Proximity and relation to intersections.

d.

Adequacy of driver sight distances.

e.

Location of and access to off-street parking.

f.

Required vehicular turning movements.

g.

Provisions for pedestrian traffic.

3.

Protection of natural environment. The proposed planned unit development shall be protective of the natural environment, and shall be in compliance with all applicable environmental protection laws and regulations.

4.

Compatibility with the future land use plan. The proposed planned unit development shall be consistent with the general principles and objectives of the city's future land use plan.

5.

Compliance with applicable regulations. The proposed planned unit development shall be in compliance with all applicable federal, state, and local laws and regulations.

B.

Phasing and commencement of construction.

1.

Phasing. Where a project is proposed for construction in phases, the project shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary component to insure protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the residents of the surrounding area.

In addition, in developments which include residential and nonresidential components, the phasing plan shall provide for completion of at least 35 percent of all proposed residential units concurrent with the first phase of any nonresidential construction; completion of at least 75 percent of all proposed residential construction prior to the second phase of nonresidential construction; and completion of 100 percent of all residential constriction prior to the third phase of nonresidential construction. The purpose of this provision is to ensure that planned unit developments are constructed in an orderly manner and, further, to ensure that the planned unit development approach is not sued as a means of circumventing restrictions on the location or quantity of certain types of land use. For purposes of carrying out this provision, the percentages shall be approximations as determined by the planning commission based on the floor area and land area allocated to each use. Such percentages may be varied should the planning commission determine that the applicant has presented adequate and effective assurance that the residential component or components of the project shall be completed within the specified period.

Each phase of the project shall be commenced within 24 months of the schedule set forth on the approved plan for the planned unit development. if construction is not commenced within the required time period, approval of the plan shall become null and void, subject to the guidelines in section 24.04.

C.

Area, height, bulk, and placement requirements. Buildings and uses in the planned unit development district are subject to the area, height, bulk, and placement requirements in article 23.00, schedule of regulations.

D.

General development standards. Buildings and uses in the planned unit development district shall be subject to all applicable standards and requirements set forth in this ordinance, as specified below.

(Ord. No. 128-B, § I, 9-20-10)