(a)

The purpose of this article is to enact and set out the criteria for the two (2) planned zoning districts:

(1)

Planned unit development (PUD) which is more specifically known as planned residential district (PRD); planned office district (POD); planned commercial district (PCD); and planned industrial district (PID).

(2)

Planned developments (PD) which is more specifically known as PD-residential; PD-office; PD-commercial and PD-industrial.

(b)

The planned unit development and planned development districts are established to permit the combination of subdivisions and zoning review for parcels of land into one (1) process in order that all aspects of a proposed development can be reviewed and acted upon simultaneously. It is also the intent of this article to permit the use of flexible guidelines rather than fixed zoning or subdivision regulations in the administrative review of specific development plans. By permitting and encouraging the use of such procedures, the planning commission and board of directors will be able to make more informed land use decisions and thereby guide development more effectively in the best interest of the health, safety and welfare of the city.

(c)

It is the intent of this article to assure that applications for PUD and PD are not granted for the sole benefit of the applicant, but are used to establish developments that:

(1)

Are compatible with the surrounding area;

(2)

Are harmonious with the character of the neighborhood;

(3)

Do not have a negative effect upon the future development of the area;

(4)

Permit coordination of the planning of the land surrounding the PUD or PD; and

(5)

Create a desirable and stable environment.

(d)

It is also the intent of this article to encourage:

(1)

Superior development and redevelopment which is more desirable than that which would occur through strict application of this chapter and chapter 31 of this Code.

(2)

Provision of more usable and suitably located open space, recreation areas and other common facilities than would otherwise be required under conventional land development regulations.

(3)

Maximum enhancement and minimal disruption of existing natural features and amenities.

(4)

Comprehensive and innovative planning and design of diversified yet harmonious developments consistent with the urban development goals and the municipal plan.

(5)

More efficient and economic arrangement of varied land use, buildings, circulation systems and facilities.

(6)

Project phasing that will ensure the balanced and coordinated development of varied land uses and public facilities and services needed to support them.

(7)

Better utilization of sites characterized by special features of geographic location, topography, size or shape.

(8)

Preparation of more complete and useful information which will enable the planning commission and board of directors to make more informed decisions on land use.

(9)

Flexible administration of general performance standards and development guidelines.

(e)

Except for those land uses specified in subsection 36-104(a), a land use that would otherwise need a conditional use permit shall not require a conditional use permit if the use is a part of a planned development or planned unit development application and process.

(Ord. No. 16,798, § 1, 12-20-94; Ord. No. 20,617, § 1, 8-7-12)

In addition to zoning districts established elsewhere in this chapter, the following planned zoning districts are established and shall be designated on the official zoning map upon application of the owner or authorized agent and approval of the preliminary plat by the board of directors.

(1)

Residential districts:

a.

Purpose and intent. The PRD district is intended to accommodate mixed or clustered residential developments. The PD-residential district is intended to accommodate single use residential developments which are determined to be more appropriate for a PD application than a general residential reclassification. The legislative purposes, intent, and application of these districts are as follows:

1.

To encourage a variety and flexibility in land development and land use for predominately residential areas, consistent with the long-range comprehensive plan and the orderly development of the city.

2.

To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abetting parcels of land, can be planned on a total basis.

3.

To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities.

4.

To provide a means of developing areas with special physical features to enhance natural beauty and other attributes.

5.

To encourage the efficient use of those public facilities required in connection with new residential development.

b.

Permitted uses. Permitted uses shall include:

1.

All residential uses permitted by the municipal plan and compatible with the density of the area.

2.

Parks, recreation facilities and open space.

3.

Public and institutional uses such as schools, churches and public utilities.

4.

Incidental commercial and office.

(2)

Office districts:

a.

Purpose and intent. The POD district is intended to accommodate planned office developments, as well as mixed use developments combining residential, commercial, or both, with office uses in a carefully planned configuration in such a manner as to protect and enhance the viability of each independent use. The PD-office district is intended to accommodate single use office developments which are determined to be more appropriate for a PD application than a general office reclassification. The legislative purposes, intent and application of these districts include, but are not limited to the following:

1.

To encourage the clustering of office activities within areas specifically designated to accommodate such uses.

2.

To provide for the orderly development of office activities to minimize adverse impact on surrounding areas and in the general flow of traffic.

3.

To encourage orderly and systematic office or mixed use development design, providing for the rational placement of activities, vehicular and pedestrian circulation, access and egress, loading, landscaping and buffer strips.

4.

To encourage office development which is consistent with the long range comprehensive plan of the city.

5.

To facilitate residential development in a multiuse configuration incorporating office uses.

6.

To accommodate larger scale suburban developments of mixed uses in a harmonious relationship.

b.

Permitted uses. Permitted uses in these districts shall include:

1.

Office (general and professional).

2.

Public and institutional uses.

3.

Residential uses appropriate to the scope and character of the development.

4.

Commercial or retail uses, or a combination thereof, may be allowed if deemed appropriate, consistent and complimentary to office development. However, in no instance shall the office use area be less than fifty-one (51) percent of the gross leasable floor area within the development.

(3)

Commercial districts:

a.

Purpose and intent. The PCD district is intended to accommodate multiple use developments containing any combination, including multiple combinations of commercial, office or residential uses in a carefully planned configuration in such a manner as to protect and enhance the viability of each independent use. The PD-commercial district is intended to accommodate single use commercial developments which are determined to be more appropriate for a PD application than a general commercial reclassification. The legislative purposes, intent and application of these districts include, but are not limited to, the following:

1.

To encourage the clustering of commercial and office activities within areas specifically designated to accommodate such uses and to discourage the proliferation of commercial uses along major thoroughfares and noncommercial areas.

2.

To provide for orderly development in order to minimize adverse impact on surrounding areas and on the general flow of traffic.

3.

To encourage orderly and systematic commercial, office or mixed use development design or a combination thereof, providing for the rational placement of activities, vehicular and pedestrian circulation, access and egress, loading, landscaping and buffer strips.

4.

To encourage commercial development which is consistent with the long-range comprehensive plan of the city.

5.

To accommodate larger scale suburban developments of mixed uses in a harmonious relationship.

b.

Permitted uses. Permitted uses in this district shall include:

1.

Commercial uses, wholesale, retail, or both.

2.

Public and institutional uses.

3.

Office (general and professional).

4.

Light industrial uses, provided that gross area per use generally does not exceed five thousand (5,000) square feet and that at least fifty (50) percent of the floor area is used for retail sales.

5.

Residential uses appropriate to the design of the project.

(4)

Industrial districts:

a.

Purpose and intent. The PID district is intended to accommodate industrial parks. The PD-industrial district is intended to accommodate single use industrial developments which are determined to be more appropriate for a PD application than a general industrial reclassification. The legislative purpose, intent and application of these districts include, but are not limited to, the following:

1.

To provide for manufacturing activities in a manner compatible with the surrounding area.

2.

To encourage the application of sound planning and design principles in the orderly development of industrial activities.

3.

To maximize manufacturing potential without adversely affecting the living environment of the community.

b.

Permitted uses. Permitted uses in these districts shall include:

1.

Industrial uses.

2.

Ancillary commercial and office uses compatible with the design and scale of the project.

(Ord. No. 16,798, § 1, 12-20-94; Ord. No. 17,305, § 1(vv), (ww), (xx), 11-7-96; Ord. No. 18,324, § 1(r), 8-1-00)

(a)

Generally. The three (3) standards of eligibility which shall be met by a PUD or PD application are location, ownership and size. Projects may be staged at the option of the developer.

(b)

Location. Eligible properties include those located within the city limits and lands outside the corporate limits over which the city exercises zoning jurisdiction as permitted by law.

(c)

Ownership. Eligible applicants for preliminary plan review shall be a landowner of record or an authorized agent. The approved final development plan shall be binding on all subsequent owners of the land until revised or repealed as authorized in this article.

(d)

Staging.

(1)

While this article encourages submission of comprehensively planned development proposals of entire ownerships, a preliminary plan need not cover the entire property owned by the applicant. Applicants may choose to submit a staged development by incorporating incremental final plan for certain areas of the entire ownership. A staged development plan shall include a boundary survey of the entire ownership. Preliminary information on streets, drainage and other physical plan elements shall be shown on the plan.

(2)

The applicant shall adhere to the approved development schedule for the staged submission of final plan. The applicant may submit a written request for extension of time from the planning commission. The planning commission may grant a maximum of one (1) two-year extensions upon demonstration of good cause by the applicant. Additional extensions shall require approval of the board of directors.

(e)

Size. There shall be no minimum tract size for the standard or long form PZD.

(Ord. No. 16,798, § 1, 12-20-94; Ord. No. 17,305, § 1(yy), 11-7-96; Ord. No. 18,324, § 1(ii), 8-1-00; Ord. No. 18,863, § 2, 5-6-03)

(a)

Generally. The application procedure shall consist of two (2) phases:

(1)

A preapplication conference with the planning staff.

(2)

A preliminary development plan reviewed by the planning commission and board of directors. For purposes of this article, a preliminary or final plan shall also include a plat when required by chapter 31 of this Code.

(3)

No building permit for any portion of the PUD or PD shall be issued until the final development plan is approved and filed of record.

The final development plan shall be approved prior to the issuance of any building permits within any portion of the planned unit development. The final development plan shall be recorded as approved prior to the issuance of a building permit.

(b)

Preapplication conference.Before submitting an application the landowner or authorized agent shall confer with city staff in order to become familiar with the development review process. The staff shall inform the applicant of any perceived problems that may arise. A further purpose of the preapplication conference is to make sure that the applicant has, or will be able to, submit the necessary information for filing the application. The intent of this conference is to provide guidance to the applicant prior to incurring substantial expense in the preparation of plans, surveys and other data required in a preliminary plan.

(c)

Preliminary development plan review.

(1)

An applicant seeking a PUD or PD rezoning of a parcel of property shall submit to the planning department a preliminary plan and all the necessary fees at the time of the filing.

(2)

The preliminary plan will be reviewed by planning staff and affected city departments, and their recommendations shall be forwarded to the planning commission. A public hearing for the preliminary plan shall be set not later than sixty (60) days after filing and shall be legally advertised as specified in the zoning ordinance.

(3)

At the public hearing before the planning commission, the applicant and interested citizens will have the opportunity to discuss the merits of the development proposal. The planning commission will assess the proposal in light of ordinance guidelines and will take action after weighing the recommendations of the staff, the developer's presentation and the community response. The commission shall approve, grant approval conditioned on specified modifications, or disapprove the development proposal. The applicant shall receive written notification of the action taken by the planning commission within ten (10) days of the meeting date.

(4)

If the preliminary plan is approved by the planning commission, it will be forwarded to the board of directors for their review. The board of directors may grant or deny as submitted or as amended, defer for requested changes or more information, or return the application to the planning commission for further study. The board shall not consider an application that has been modified by the applicant to a design other than that reviewed by the commission. The board may direct the planning commission to reconsider specific aspects of the preliminary plan. If the preliminary plan is approved, an ordinance shall be prepared which incorporates the plan or conditions.

(5)

If a preliminary plan is conditionally approved, the applicant shall have ninety (90) days from the date of the planning commission action granting approval to submit a revised preliminary plan. If the planning staff determines such revisions are in conformance with the planning commission's specific recommendations, it shall be forwarded to the board of directors for public hearing and disposition. If the revisions are determined not to be in conformance with the intent of the conditional approval, the revised development plan will be resubmitted to the planning commission for public hearing.

(6)

Appeals from the action of the planning commission shall be filed with the city clerk. The content of the appeal filing shall consist of:

a.

A cover letter addressed to the mayor and board of directors setting forth the request; and

b.

A copy of the application indicating the planning commission action and properly executed by the staff.

This filing shall occur within thirty (30) calendar days of the action of the planning commission. Certified mail notice of appeal hearing shall be provided by the appellant not less than ten (10) days prior to the date of the hearing and the affidavit and other supporting evidence of notice shall be filed not less than five (5) days prior to the date of the review. This notice shall be given to all record parties in interest whether for or against the request. The cost of this notice shall be borne by the appellant.

(d)

The owner of an approved PD or PUD may, for cause, request repeal of the ordinance establishing the development when it has been determined that the development will not occur. A written request may be filed with the city staff at any time up to three (3) years after the date of adoption of the ordinance creating the PUD or PD. The request shall set forth the cause of the repeal.

A public hearing on the repeal request shall be held by the planning commission not later than sixty (60) days after filing of the written request. Legal advertisement and notice to property owners within two hundred (200) feet shall be as required by this chapter and the planning commission bylaws for the initial planning commission hearing. Notice to others as required by the bylaws shall be provided by staff and signs shall be posted.

The planning commission's recommendation on the repeal request shall be forwarded to the board of directors for their consideration. The board of directors may grant or deny the request or return the request to the planning commission for further study. If the request is approved, an ordinance shall be adopted repealing the PUD or PD.

(e)

Final development plan.

(1)

The applicant shall have three (3) years from the date of passage of the ordinance approving the preliminary approval to submit the final development plan. Requests for extensions of time shall be submitted in writing to the planning commission which may grant one (1) extension of not more than two (2) years. Time extensions shall be applied for by formal written request not less than ninety (90) days prior to the first expiration date. Failure of the applicant to file a timely extension shall be cause for revocation of the PUD as provided in this article.

(2)

The final development plan review shall be conducted by the department of planning and development. They will review the final plan to determine that no substantial charges were made to those elements of the plan agreed upon in the preliminary plan. If substantial changes are found to have been made to the agreed elements, then the application must be resubmitted to the planning commission for review. The staff will also determine that those elements conditioned by the board of directors were altered to meet the board's specific requirements. In certain instances such as condominium construction, final plan approval shall be held in abeyance until such time as an as-built survey is prepared and concurs with the final plan.

(3)

The burden is on the applicant to justify any variation between the approved preliminary plan and the final plan. The final plan shall be deemed to be in substantial compliance with the preliminary plan provided the plan does not:

a.

Increase proposed floor area for nonresidential use more than twenty (20) percent.

b.

Increase total building coverage more than twenty (20) percent.

c.

Increase building height more than twenty (20) percent.

d.

Increase total number of dwelling units more than twenty (20) percent within a given stage. Fluctuation greater than the above may be permitted provided overall density is maintained as determined by staff.

(4)

No public hearing is necessary to consider modifications on location and design of streets or facilities for water, storm water, sanitary sewers, or other public facilities required as a condition of approval of the preliminary plan.

(5)

If the planning staff finds that only minor differences exist in the final plan, the staff shall approve the final plan. Approval or disapproval of a final plan by the staff shall occur within sixty (60) days of filing the plan. The applicant may either resubmit the final plan in conformance with the preliminary plan, or file a written appeal with the planning commission within thirty (30) days of the refusal.

(6)

After the final plan has been approved, the applicant shall enter into an agreement with the city to install the required public improvements in accordance with chapter 31 of this Code.

(7)

Building permits may be issued following approval of the final plan and proper recording of plan and plat components. Construction shall commence no later than one hundred eighty (180) days after final plan approval and shall proceed on a timely basis until completion and issuance of a final certificate of occupancy.

(Ord. No. 16,798, § 1, 12-20-94; Ord. No. 17,305, § 1(mm), (qq), (rr), 11-7-96; Ord. No. 18,863, § 3, 5-6-03; Ord. No. 19,438, § 1(e), 11-15-05; Ord. No. 20,326, § 1(s), 9-21-10; Ord. No. 21,867, § 1, 5-19-20)

Cross reference— Short-form planned unit development application review process, § 36-462(d).

As part of the application process, the applicant shall be required to submit the following documents and information:

(1)

Preliminary plan submittal.

a.

A statement describing the character of the development and including the rationale behind the assumptions and choices made by the application.

b.

Quantitative data including the following information:

1.

Parcel size.

2.

Types and numbers of permitted uses and floor areas according to article V of this chapter.

3.

Proposed building coverage.

4.

Total acreage of private and common usable and nonusable open space by type.

c.

A topographical cross section map of the site.

d.

A site plan meeting the following requirements:

1.

Submitted in an acceptable digital format and media and upon request, a sheet not to exceed thirty (30) inches by forty-two (42) inches, or less than eleven (11) inches by seventeen (17) inches and containing a small scale vicinity map.

2.

To scale (scale indicated) and directionally oriented.

3.

Proposed lot lines and plot designs.

4.

Existing and proposed circulation system of all streets (arterial, collector, residential) including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way (ingress and egress).

5.

Existing and proposed pedestrian circulation systems.

6.

Proposed treatment of the perimeter of the property, including materials and techniques used such as screens, fences and walls as well as description of uses, setbacks and their relationship to surrounding uses.

7.

General schematic landscape plan of the treatment of the area used for private and common open spaces (including open space buffers).

8.

Location and size of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semipublic use.

9.

Location, dimensions, nature of all existing and proposed easements (utility, streets) and public improvements (drainage, sewers, water, etc.)

10.

Indication of location of structures and structure dimensions, dimensioned distances between buildings and distances from structures to property lines.

11.

Description of the following existing conditions of the property:

(i)

Contours at two-foot intervals.

(ii)

Watercourses.

(iii)

Floodplains.

(iv)

Unique natural features.

(v)

Forest cover.

12.

A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning.

13.

A development schedule indicating the approximate date when construction of the planned unit development or stages of the planned unit development can be expected to begin and be completed.

14.

A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned unit development, including land areas and dwelling units.

15.

An approved preliminary plat in accordance with chapter 31.

16.

The location of handicapped parking stalls and accessibility requirements of Arkansas State Fire Code.

e.

In addition to the graphic and supporting documentation required for filing, the owner shall provide a graphic or narrative outline of methods to be employed to protect permanent undisturbed buffers. The outline/plan shall be filed for review by the planning commission not later than the filing date set by the calendar.

f.

The applicant shall submit a copy of a valid bill of assurance for the subdivision within which the subject property is located if such property is located within a subdivision covered by a valid bill of assurance.

(2)

Final plan submittal. The final plan shall contain or include with the following, all information required in a preliminary plan, plus the following:

a.

A letter from the applicant requesting final development plan review.

b.

A description of the maintenance provisions of the development.

c.

Final subdivision plat.

d.

Survey of the property.

e.

The proposed development schedule including starting date and dates when various phases are projected to be completed.

f.

A site plan with the required preliminary plan information, plugs the following:

1.

Indication in feet of the interior curb radius for all vehicle turning movements within, into and off the site.

2.

Illustration of proposed street improvements to be provided in relation to property, lines including additional dedication, if required, and width of curb cuts and sidewalks, if required.

3.

Illustration of existing and proposed water supply for fire protection, utility systems including sanitary sewers, storm sewers and water, electric, gas and telephone lines, and evidence of approval from the responsible jurisdictions or companies.

4.

Illustrations of locations of structures and structure dimensions, dimensioned distances between buildings, and distances from structures to property lines indicating any changes from the preliminary plan.

5.

A landscaping and screening plan showing the location, size, and specific types of landscaping materials, fencing, and other buffers from other than single-family developments.

6.

A detailed scheduled of events for final plat recording when associated with a condominium development. This schedule should outline the steps taken whereby the final plat will not be filed until the buildings are completed; condominium plat and final subdivision plat in this instance will be the same instrument. The building permits may be issued upon request by the owner or developer based on the approved final development plan and the approved preliminary subdivision plat. The engineer of record shall provide planning staff with copies of the proposed condominium or final plat as proposed for recording. Planning staff will ensure that all requirements have been met, and that the plat will be proper for recording subject to an as-built survey of the site.

g.

All legal instruments as specified by section 36-459.

h.

Filing fee as required by chapter 23 of this Code.

(Ord. No. 16,798, § 1, 12-20-94; Ord. No. 18,881, § 1(e), 6-3-03; Ord. No. 21,867, § 1, 5-19-20)

(a)

Filing fees for PUD and PD applications are designated in chapter 23 of this Code.

(b)

In the event that a preliminary plan application is withdrawn prior to planning commission action, the applicant shall be entitled to a refund as established by the planning commission; provided, however, there shall be no refunds of any portion of fees paid on applications amended or denied in the review process. If a new application is filed on the same, or portion of the same, property after a prior petition has been acted upon or withdrawn, the subsequent application shall be considered a new application and fees charged accordingly.

(Ord. No. 16,798, § 1, 12-20-94)

Cross reference— Fee for PUD application, § 23-3.

(a)

Causes for revocation as enforcement action. The planning commission may recommend to the board of directors that any PUD or PD approval be revoked and all building permits or certificates of occupancy be voided under any of the following circumstances:

(1)

The applicant has not submitted a final development plan to the staff as provided in this article. Where a staged development plan is approved the board of directors may revoke the entire preliminary plan or may revoke only that stage on which a final plan has not been submitted and approved.

(2)

Construction has not commenced within the time allowed.

(3)

The applicant has not adhered to the development schedule as stated in the approved preliminary plan.

(4)

The construction and provision of landscaping, buffers, open space, and public streets and facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components.

(5)

The applicant has failed to implement any material element of the plan within a reasonable time as determined by the planning commission.

From time to time the planning commission may compare the actual development accomplished with the approved development schedule. If the planning commission finds that the rate of construction of residential units or commercial or industrial structures is substantially greater than the rate at which the approved landscaping, buffers, open space, public streets and facilities have been completed, the planning commission may recommend that the board of directors initiate revocation or cease to approve any additional plans. The city may also issue a stop work order or discontinue or revoke issuance of building permits or certificates of occupancy.

(b)

Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the owner or authorized agent giving notice of the alleged default, setting a time to appear before the planning commission to show cause why steps should not be made to totally or partially revoke the PUD or PD. The planning commission recommendation shall be forwarded to the board of directors for disposition as in original approvals. In the event a PUD or PD is revoked, the board of directors shall take the appropriate action to prohibit any further development, and shall file for record such action in the office of the city clerk and the public zoning record shall be duly noted.

(c)

Effect. In the event of revocation, any completed portion of the development or those portions for which building permits have been issued shall be treated as a whole and effective development. After causes for revocation or enforcement have been corrected, the board of directors shall expunge such records as established above, and the planning commission shall resume approval of the final development plan, and shall authorize continued issuance of building permits.

(Ord. No. 16,798, § 1, 12-20-94; Ord. No. 17,305, § 1(tt), 11-7-96; Ord. No. 18,863, § 1, 5-6-03)

(a)

The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measures and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement districts, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreational areas and communally-owned facilities shall be approved by the city attorney as to legal form and effect, and by the planning commission as to the suitability for the proposed use of the open areas. The aforementioned legal instruments shall be provided to the planning commission together with the filing of the final plan, except that the bill of assurance shall be filed with the preliminary plan or at least in a preliminary form.

(b)

If the common open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the bill of assurance that will govern the association with the application for final plan approval. The provisions shall include, but not necessarily be limited to, the following:

(1)

The homeowners' association must be legally established before building permits are granted.

(2)

Membership and fees must be mandatory for each home buyer and successive buyer.

(3)

The open space restrictions must be permanent, rather than for a period of years.

(4)

The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments.

(5)

Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property.

(6)

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

(Ord. No. 16,798, § 1, 12-20-94)

(a)

Generally. The planning commission shall consider a proposed PUD or PD in light of the intent, purpose, standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed PUD or PD. Proper planning shall involve a consideration of water conservation, preservation of natural site, amenities, and the protection of watercourses from erosion and siltation. The planning commission shall determine that specific development features, including project density, building locations, common usable open space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this article shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications.

(b)

Residential density. Residential densities shall be determined on the basis of the following considerations: The densities of surrounding development; the densities allowed under the current zoning; the urban development goals and other policies of the comprehensive plan, the topography and character of the natural environment, and the impact of a given density on the specific site and adjacent properties. The following specific guidelines shall be used in evaluating an application:

Units Per

Residential Unit Guidelines     Gross Acre

Single-family       4

Zero-lot-line (patio homes)       4—6

Duplex, townhouse       6—12

Garden apartment

(1 or 2 floors)       13—18

Medium-rise apartments       19—24

High-rise apartment

(over 6 floors)       25+

(c)

Maximum coverage. The planning commission shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts said development scheme.

(d)

Lot size. There shall be no minimum standards although existing standards of this chapter and chapter 31 shall be used as a guide.

(e)

Setback. There shall be no minimum standards although existing standards of this chapter and chapter 31 will be used as a guide.

(f)

Building height. There shall be no maximum building height except as may be determined by the planning commission during the review of the preliminary development plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. A lesser height may be established by the planning commission when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the community.

(g)

Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the planning commission shall require landscaping and screening as a part of a PUD or PD. The nature and extent of screening and landscaping required shall be determined by the planning commission in relation to the overall character of the development and its specific location. In no instance shall the gross land area devoted to landscaping be less than that required by chapter 15, article IV. This shall especially apply to PUD or PD projects where a change to a more intense use is proposed and there are existing buildings and improvements. As part of the final development plan, a detailed screening and landscaping plan shall be submitted to the planning commission. Landscape plans shall show the general location, type and quality (size and age) of plant material. Screening plans shall include typical details of fences, berms and plant material to be used. Existing trees shall be preserved whenever possible. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved area, playgrounds, parking areas, and finished grade levels.

(h)

Open space. Well designed open space is an important factor in providing for innovative design and visual attractiveness. Open space shall be evaluated utilizing the following general guidelines:

(1)

A minimum of ten (10) to fifteen (15) percent of gross planned residential district (PRD) areas shall be designated as common usable open space.

(2)

Single-family, duplex, zero-lot-line and townhouse developments shall have a minimum of five hundred (500) square feet of usable private open space per unit.

(3)

No more than one-half of the common usable open space may be covered by water.

(4)

At least fifty (50) percent of the required common usable open space shall conform to the average overall slope within the development.

(5)

Recreation facilities or structures and their accessory uses located in common areas shall be considered as usable open space as long as the total impervious surfaces such as paving and roofs constitute no more than ten (10) percent of the total open space.

(6)

Landscaped roof areas, accessible to all residents, may be counted as usable common open space at a value of sixty (60) percent of the actual roof area devoted to their use.

(7)

A minimum of ten (10) percent of gross planned commercial mixed use district (PCD) or planned office district (POD) area shall be designated as landscaped open space not to be used for streets or parking.

(i)

Traffic circulation. The following traffic circulation guidelines shall apply:

(1)

The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes.

(2)

Sites without access to either collector or arterial streets shall be developed at a density not to exceed twelve (12) units per gross acre.

(3)

The traffic circulation system shall be comprised of a hierarchal scheme of local, collector and arterial streets, each designed to accommodate its proper function, and in appropriate relationship with one another.

(4)

Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses.

(5)

Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned unit development.

(6)

Internal local streets shall be designed to discourage through traffic within the planned unit development and to adjacent areas.

(7)

Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by chapter 31 of this Code.

(j)

Parking standards. The off-street parking and loading standards found in article VIII of this chapter shall apply to the specific gross usable or leasable floor areas of the respective use areas.

(k)

Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter and chapters 15 and 21 of this Code.

(l)

Financing of public improvements. Where financing for public improvements needed to accommodate a proposed planned unit development is insufficient, the planning commission shall encourage the applicant to establish improvement districts or other equitable means of financing these improvements.

(Ord. No. 16,798, § 1, 12-20-94; Ord. No. 17,305, § 1(nn), (uu), 11-7-96; Ord. No. 18,881, § 1(d), 6-3-03)

If an approved and recorded plan of a planned urban development (PUD) or planned development (PD) is presented for issuance of a building permit and the plan is at variance with the standards and conditions set forth in this chapter, the director of the department of planning and development may issue exceptions within the following guidelines:

(1)

Does not increase the proposed floor area for nonresidential use by more than twenty (20) percent. Does not increase total number of dwelling units by more than five (5) percent within a given phase. Fluctuation greater than the above shall be permissible provided overall density is maintained.

(2)

Does not increase total building coverage by more than twenty (20) percent.

(3)

Does not increase building height by more than twenty (20) percent to a maximum of eight (8) feet for buildings less than four (4) stories nor more than one (1) story for buildings greater than four (4) stories.

(4)

The owner did not exercise the variance rights contained in subsection 36-454(e).

(Ord. No. 16,798, § 1, 12-20-94; Ord. No. 19,438, § 1(a), 11-15-05; Ord. No. 21,867, § 1, 5-19-20)

Editor's note— Ord. No. 21,867, § 1, adopted May 19, 2020, changed the title of § 36-461 from modification of approved recorded plans by planning director to modification of approved recorded plans by the director of the department of planning and development.

Editor's note— Ord. No. 21,867, adopted May 19, 2020, repealed § 36-462, which pertained to short form and derived from Ord. No. 16,798, § 1, adopted Dec. 20, 1994; and Ord. No. 17,305, § 1(oo), (pp), adopted Nov. 7, 1996.