Ithaca City Zoning Code
ARTICLE 23
Planned Unit Development
§ 23.01 Purpose.
The purpose of a PUD is to permit and encourage design flexibility within the R-1 Rural Residential District, R-2 Suburban Residential District, R-3 Community Residential District, and R-4 Multiple-Family Residential District (for duplex and multiple-family development only). It has the potential of promoting a diversity of types and locations of dwelling units, allowing a more efficient use of land for circulation, open space and utilities. It also is intended to minimize adverse environmental impacts by providing greater harmony with the existing physical characteristics of the area.
§ 23.02 Special use permit.
A planned unit development shall be recognized as a special use and controlled by the procedures and requirements identified in §§ 23.03 through 23.07 for acquiring approval as a special use. Control of such development shall be the responsibility of the City Planning Commission.
§ 23.03 Procedures for application approval.
The procedures for application and approval of a PUD permit shall include one or more informal preapplication conferences between the applicant and the Zoning Administrator and the Planning Commission in which the applicant informs the Zoning Administrator and the Planning Commission of his or her general intentions. After presentation and discussion of the concept plan, a preliminary development plan shall be filed with the Planning Commission for purposes of obtaining a special use permit during which time a public hearing will be scheduled commensurate with the criteria set forth in Article 20. Following the public hearing the Planning Commission will submit its recommendations to the City Council which will approve, disapprove or approve with modification these recommendations during its next public meeting. The applicant must also follow the agency review and certification requirements under the land division act, Public Act No. 288 of 1967 (MCL § 560.101 et seq.).
§ 23.04 Concept plan requirement.
The applicant shall submit, during the preapplication conference, a concept plan including types and placement of residential structures; utilities and public facilities, such as schools, fire departments, recreational facilities; minimum lot sizes; densities; environmental treatment; pedestrian and auto circulation, commercial and industrial areas, if applicable; the conformity of the proposed development with surrounding uses; financing of the project; and all other information the Planning Commission and Zoning Administrator may require to gain a satisfactory understanding of the proposed development. The applicant shall declare whether the proposed development will be based upon the performance standards in Article 18 or the PUD design requirements in § 23.08.
§ 23.05 Preliminary plan requirements.
Following the presentation of, and any deliberation pertinent to, the concept plan, the applicant shall submit a preliminary plan. The procedures for submission and approval of the preliminary plan shall follow those outlined in Article 21 of this ordinance. The preliminary plan is specifically intended to include enough detail for administrative and legislative analysis for approval or denial of a special use permit. The preliminary plan must be more detailed than the concept plan and contain the information required of a site plan in Article 21. It should also include:
23.05:1.
A written document giving the legal description of the property as indicated in the deed of ownership; a statement of the objectives of the planned development, including physical, social and economic concepts; a schedule of development, including phasing of residential, public and commercial areas; and future selling and/or leasing intentions and accompanying management techniques.
23.05:2.
Graphic presentation including a base map with topographic identification (using five feet contour intervals) and important environmental features including water bodies, vegetation (type and size) and soils. Additional maps shall contain proposed lot lines, location and floor area, dimensions of buildings, areas to be dedicated for public use, existing and proposed pedestrian and vehicular circulation, off-street parking, layout of proposed and existing utility systems, general landscape plans, information pertinent to the identification of areas adjacent to the proposed development, and general description of the architectural and landscape elements within 300 feet of the planned development.
23.05:3.
Additional written information shall be contained in the preliminary plan, including tabulation of land area ratios, a comprehensive market analysis, environmental impact statements, and any contract and deeds of indenture between the developer and home buyer.
§ 23.06 Procedures for final plan.
Once the preliminary plan has been submitted to the Planning Commission and the special use permit approved, with or without recommended modifications and stipulations, the applicant must, within a period of six months to one year, present a final development plan to the Planning Commission, which shall review it within 30 days of receipt. The final plan shall not contain any modification which would substantially alter the character of the development from that approved in the preliminary plan.
23.06:1.
The final plan shall not deviate substantially from the approved preliminary plan if the following conditions have been met:
(a)
The final plan does not violate the contents of this ordinance;
(b)
Land reserved for open space (common and usable) has not been reduced by more than 10%;
(c)
The total building coverage has not increased by more than 10%.
23.06:2.
The final plan shall include site plans applicable to legal recording criteria and engineering drawings. Drawings and plans presented in general fashion in the preliminary stage shall be presented in detailed character in the final plan.
23.06:3.
Any modifications not included in the preliminary plan must be reviewed by the Planning Commission and legal documents, such as easement agreements, the final draft of articles of incorporation, and any indentures, as well as dedications, shall be submitted by the applicant.
23.06:4.
The final development plan shall be reviewed by the Planning Commission which shall then approve the final plan, disapprove it, or approve it with modifications. No public hearing is necessary, and if approval is given by the Planning Commission, the City Council shall accept and record site maps and plans, dedicated streets, properties, and open spaces, rights-of-ways, and any additional dedications within the development.
23.06:5.
If the plan is disapproved by the Planning Commission, reasons for the denial shall become part of the public record as well as presented to the developer in written form.
§ 23.07 Bond requirement.
A performance bond or bank letter of credit conditioned upon construction and development in accordance with the approved plans shall be required by the Planning Commission to be filed with the City Clerk at the time of application for a building permit where the development is to be completed in phases over a period of years. The Planning Commission shall ensure that the amounts and period of development in the description of said bond or letter of credit are adequate to ensure compliance with the approved plans. Such a bond or letter of credit may also be required as security for the completion of any particular improvements upon which commission approval is conditioned for the protection of natural resources or the health, safety and welfare of the residents of the City and future users or inhabitants of the proposed project area, including roadways, lighting, utilities, sidewalk, screening and drainage. Where a cash deposit is made in lieu of a bond or letter of credit, the commission shall provide for a rebate of the same in reasonable proportion to the ratio of the work completed and for which the deposit has been required, provided that the amount remaining on deposit still provides reasonable security for the completion of the unfinished improvements germane to the deposit.
§ 23.08 Design requirements.
To ensure the desired performance, the PUD shall be designed and constructed in accordance with the performance standards identified in Article 18 or, in the alternative, the following standards shall be adhered to:
23.08:1.
Density. Density increases may be allowed for PUDs over and above those allowed in the original residential zones in which the PUD is located in accordance with the methodology described below. The development shall be allowed on any buildable site of 10 acres or more and it shall be controlled by one owner or group of owners, and be planned and developed as a single unit.
23.08:2.
Lot size variations. Lot sizes shall be computed using gross acreage computation. Land utilization for public utilities such as easements and floodplain areas shall not be included in determining computations for gross development areas. A fixed percentage of streets within the proposed development shall be subtracted from the computed gross area figure. The result shall be divided by the minimum lot requirements (after density bonuses have been arrived at by the methods described below) of the appropriate residential district. The result will define the maximum residential units allowed. Density increases are to be permitted for the following amenities:
(a)
Improved and unimproved common open space:
(1)
The first acre of common open space per 10 acres of gross area, if improved, permits a maximum building density increase of 10%; if the first acre of common open space is unimproved, a 5% building density increase is allowed;
(2)
The second acre of common open space per 10 acres of gross area, if improved, permits an additional maximum building density increase of 5%; if unimproved, a 2% increase in building density is allowed;
(3)
Each additional acre of common open space per 10 acres of gross area, if improved, permits an additional maximum building density increase of 3%; if unimproved, 1% increase if allowed.
(b)
Character, identity, and architectural and siting variations incorporated in a development shall be considered cause for density increase not to exceed 15%, provided these factors make a substantial contribution to the objectives of a planned unit development. The degree of distinctiveness and the desirable variation achieved shall govern the amount of density increase which the Planning Commission shall approve. Such variations may include, but are not limited to, the following:
(1)
Landscaping: a maximum increase of 3%;
(2)
Visual focal points, use of existing physical features such as topography; view; sun and wind orientation; circulation patterns; physical environment; variation in building setbacks; and building groups, such as clustering: maximum increase of 7%;
(3)
Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscape features, and varied use of housing types: maximum increase of 5%.
23.08:3.
Open space. The PUD approach is an efficient tool in preserving and enhancing open spaces, particularly recreational areas, within residential developments. Open space shall be distinguished as private (for personal or family use) common (for use by all homeowners in the PUD) and public (open to all members of the general public).
(a)
The following open space requirements shall be adhered to in all PUDs, to provide for the integration of efficient and extensive areas into the existing open space system of the City. These areas should be easily accessible to all residents of the PUD. Required open space shall comprise at least 60% of the total gross area. Not less than 80% of the net area of the property shall be open space devoted to planting, patios, walkways, and recreational areas, but excluding areas covered by dwelling units, garages, carports, parking areas, or driveways. Net area is defined as the site area less all land covered by buildings, streets, parking lots or stalls, driveways, and all other paved vehicular ways and facilities. At least 50% of the total area shall be devoted to such properly planned permanent usable open space. Common open space shall comprise at least 10% of the gross area of the planned unit development to be used for recreational, park, or environmental amenity for collective enjoyment by occupants of the development but shall not include public or private streets, driveways, or utility easements.
(b)
Active open spaces for recreational purposes should not be less than 22,000 square feet in area.
(c)
Any portions of the PUD site, if deemed environmentally significant may, upon review by the Planning Commission, be preserved in their natural state.
23.08:4.
Environmental design requirements. The Planning Commission shall require the following: reasonable preservation of existing trees, predominant shrubbery, waterways, scenic viewing areas, historic points, floodplain preservation, and the planting of vegetation or placement of protective cover to minimize erosion resulting from residential development and consequent street and walkways.
23.08:5.
Traffic circulation. Internal circulation systems and points of ingress and egress with external traffic flow must be coordinated within the PUD and in relation to the community as a whole. These systems should promote safety, convenience, easy access, separation of vehicles from pedestrians, and enhance the overall physical design of the PUD. Vehicular circulation systems in PUDs shall not be connected with external streets to encourage through traffic. Emergency access and safety standards shall be adhered to.
23.08:6.
Private streets. Private streets shall be designed to accommodate anticipated traffic loads including volume, vehicle weight and size, speed, emergency vehicles and turning radii. All private streets can deviate from existing public street standards, if upon recommendation by the Fire Chief and City engineer, the Planning Commission authorizes such modifications within the PUD and health, safety and welfare requirements are met. For purposes of utility easements, all private streets in the PUD with underground utilities shall be dedicated to the City which will maintain these streets. All local streets shall have a minimum dedicated right-of-way width of 66 feet.
23.08:7.
Parking standards. The following minimum parking requirements shall be adhered to:
(a)
For each dwelling unit, there shall be off-street parking spaces consisting of not less than 300 square feet each;
(b)
Parking areas shall be arranged so as to prevent through traffic to other areas;
(c)
Off-street parking areas shall be screened from adjacent roads, structures, and traffic arteries with hedges, dense planting, earth berms, changes in grade or walls;
(d)
No more than 12 off-street parking spaces shall be permitted in a continuous row without being interrupted by landscaping;
(e)
No more than 120 parking spaces shall be accommodated in any single parking area;
(f)
All streets and any off-street loading area shall be paved, and the design thereof shall be approved by the Planning Commission; all areas shall be marked so as to provide for orderly and safe loading, parking and storage;
(g)
All parking shall adequately be graded and drained to dispose of all surface water without erosion, flooding, or other inconveniences.
23.08:8.
Perimeter treatment. To provide adequate separation between the PUD and the surrounding community, a minimum fifteen-foot buffer zone shall be established on the perimeter of the development, in which no structures are to be located and adequate screening and landscaping or protection by natural features will be established. In those cases where, because of natural topography, these screening and landscaping requirements cannot be met, and adequate privacy and separation is not possible, the Planning Commission may require structures on the perimeter to be set back in accordance with the requirements established for the zoning district in which the PUD is located. Those structures within this category shall be adequately screened or landscaped.
§ 23.09 General standards.
The following general building and site standards shall be used in the determination of structural siting on lots to allow flexibility in design. Reduction of space requirements is based upon standards set forth in the appropriate existing residential zones.
23.09:1.
Building spacing. When the building is designed to provide adequate privacy to its residents, including adequate window space, there may be a reduction in the spacing of buildings. Those residences which have no windows or windows at higher levels and have adequate light and ventilation from other areas of the room, may decrease building space. Residences incorporating effective utility space in side yards shall be eligible for reduced separation between houses. Where building configurations incorporate the above criteria, and have unusual shapes, the spacing of structures may be reduced. Zero lot line configurations may be allowed if these requirements are met (unusual building shapes are not a prerequisite for zero lot line spacing).
23.09:2.
Front yard requirements. In those areas where street design reduces traffic flow, adequate screening or landscaping is provided, the residence is facing onto a common open space, or interior room design minimizes use of the front yard, the front yard requirements may be reduced.
23.09:3.
Lot width requirements. Those lots which have an awkward configuration, yet allow adequate light and ventilation between structures, may reduce their lot width requirements while maintaining adequate light, ventilation and access.
23.09:4.
Building heights. The maximum building height of a structure in the PUD shall conform to the requirements of the zone in which the PUD is located.
§ 23.10 Amendment of PUD plan.
23.10:1.
A developer may request an amendment to an approved PUD plan. All amendments shall follow the procedures and conditions herein required for original submittal and review in full.
23.10:2.
A request for amendment shall be made in writing to the Planning Commission and shall clearly state the reasons therefor. Such reasons may be based upon changing social or economic conditions or potential improvements in layout mutually affecting the interest of the City and developer such as technical causes, site conditions, state or federal projects and installations, and statutory revisions.
23.10:3.
The Planning Commission, after the duly noticed public hearing, shall recommend whether the requested change is to be approved, modified, or denied. The burden shall be on the applicant to show good cause for any requested change.
23.10:4.
The Planning Commission shall notify the City Council and any other applicable agency of its recommendation for approval, modification, or denial of such changes. If the amendment is recommended for approval, the revised drawings as approved shall each be signed by the applicant and the owner of record or the legal representative of said owner.
23.10:5.
The Planning Commission shall then transmit the recommended revised drawings to the City Council for its approval.
23.10:6.
Following official adoption of the amendment and enactment of the amending ordinance by the City Council, the designated change shall become an amendment to the PUD plan.
§ 23.11 Violations.
23.11:1.
Any violation of such approved plan shall be grounds for the Zoning Administrator to order that all construction be stopped and to order that building permits and certificates of occupancy be withheld until the violation is removed or adequate guarantee of such removal is provided.
23.11:2.
Violations of any plan approved under this article, or failure to comply with any requirement of this article, including any agreements and conditions attached to any approved plan, shall be considered a violation of this ordinance as provided in Article 33.