Mount Vernon City Zoning Code

CHAPTER 1107

Planned Development Districts

1107.01 PURPOSE.

The purpose of the Planned Development (PD) District is to provide a means for encouraging ingenuity, imagination and flexibility in the planning and designing of medium and large-scale developments where traditional base zoning districts may be too restrictive for the range of proposed uses or design. The PD regulations provide a controlled flexibility by utilizing objectives and performance standards rather than rigid design requirements, the intent being to encourage developments that possess greater amenities and/or provide greater environmental protection than standard zoning district requirements. It is not the intent of the PD to allow applications to circumvent the intent of this code or to permit residential density, uses, housing types, or street and utility layouts which conflict with plans and policies adopted by the City, or the character of the area. It is furthermore the purpose of the PD regulations to:

(a) To provide more desirable living, shopping, and working environments by helping to achieve the goals of the City's plans in a manner that allows for the comprehensive review of a medium to large-scale development;

(b) To encourage creative and high-quality developments that are compatible with surrounding land uses, achieve a high degree of pedestrian-vehicular separation, and contribute to the overall quality of Mount Vernon;

(c) To provide for a flexible arrangement of buildings, densities and a variety of housing types to meet the needs of the residential market;

(d) To encourage the creation of open space and the development of recreational facilities and neighborhood commercial facilities in a generally central location within reasonable distance of any residential components of the development;

(e) To promote a harmonious design amongst the various elements and uses within the development while mitigating any potential negative impact on surrounding properties;

(f) To allow phased construction with the knowledge that subsequent phases shall be approved as originally planned and approved by the City;

(g) To ensure that there are adequate services and infrastructure to serve the proposed development; and

(h) To reserve adequate land areas for schools, parks and other public uses.

(Ord. 2024-032. Passed 7-22-24.)

1107.02 SCOPE AND APPLICABILITY.

(a) The intent of the PD regulations is to provide a means for applying comprehensive and flexible planning and design techniques on properties substantially sized to accommodate such a plan. As such, the minimum size of any PD project or plan shall be twenty (20) acres. PD proposals should not be applied to small areas as a means of bypassing traditional district regulations.

(b) An application for a PD of less than twenty (20) acres may be authorized by the MPC if the MPC finds that the PD will:

(1) Contain a residential density that exceeds eight (8) units per acre;

(2) Contain a mixture of land uses where a minimum of thirty percent (30%) of the project area will contain nonresidential uses; or

(3) Contain a mixture of uses and will be located adjacent to the CB District or within 1,000 feet of the CB District, as measured along a legal walking route.

(c) Any PD approved and constructed prior to the effective date of this amendment shall carry forward with the approved plans. All future construction or changes in previously approved PDs shall comply with the applicable approved plan unless a modification is required, in which case, the modification shall be reviewed in accordance with this chapter.

(Ord. 2024-032. Passed 7-22-24.)

1107.03 PD REVIEW PROCESS.

(a) Ownership. In order to submit an application for PD review, the tract or tracts of land included within the proposed PD shall be in one ownership or control, or shall be subject to a joint application by the owners of all properties included within the proposal. An agent may apply on behalf of an owner if they submit a notarized power of attorney as part of the application.

(b) PD Submission and Review Procedure.

(1) Step 1 - Pre-Application Meeting (Optional). An applicant is encouraged, but not required, to have a pre-application meeting with the ZEO, and additional staff, to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.02(f).

(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1103.02 and the provisions of this section.

(3) Step 3 - Development Plan and Zoning Map Amendment.

A. A PD District requires a zoning map amendment to the PD District with an accompanying Development Plan.

B. The procedure for this stage shall comply with the requirements of Section 1103.03.

C. In accordance with the zoning map amendment review procedure, the MPC shall hold a public hearing to review the PD Development Plan and make a recommendation to City Council to approve, approve with modifications, or deny the application. The recommendation shall be made based on review of the application using the criteria contained in Section 1107.04. The MPC may, in its recommendation to City Council, establish a phased development schedule for the future submission of subdivision plats and zoning permits.

D. In making its recommendations or decisions, the MPC and/or City Council may impose such conditions of approval as are in its judgment necessary to ensure conformity to the applicable criteria and standards of this zoning code and to any plans adopted by the City. In so doing, the MPC and/or City Council may permit the applicant to revise the plan and resubmit it as the approved PD Development Plan within sixty (60) days of such action.

E. If approved or approved with modifications, the PD Development Plan shall be considered a binding document and all future development shall comply with the approved plan unless modifications are approved, pursuant to this chapter, or the property is rezoned to another zoning district.

(4) Step 4 - Subdivision Plats and Zoning Permit Approval Issuance. Upon approval, the applicant may move forward with subdivision review, if necessary, or zoning permit applications. Such reviews shall be separate from the PD Development Plan review and shall be subject to the procedures of this code.

(1) Any PD Development Plan approval shall be valid for a period of two (2) years after the date of approval by City Council. If no development has begun (development being defined as the start of construction of the required public/private improvements as shown on an approved subdivision plat) or start of construction of a building following zoning permit approval. Failure to start construction within two (2) years from the date of approval, such approval shall lapse and be of no force and effect.

(2) Construction of all approved buildings shall be completed within four (4) years of approval. Failure to complete construction within four (4) years from the date of approval, such approval shall lapse and be of no force and effect.

(3) One, one (1)-year extensions of the time limit may be granted by the MPC to extend the start of construction or completion of construction deadlines if the MPC determines that the applicant has moved forward with the development in good faith and such extension are in the best interests of the entire community and just cause is provided. The developer/owner shall apply for an extension and shall state the reason for the extension.

(4) The above time limits may be adjusted based on an alternative schedule or a phased schedule of development if approved by City Council as part of the PD Development Plan approval.

(5) If the approval of the PD Development Plan lapses, such action shall not rezone the property. After such plans are voided, the MPC, City Council, or property owners may initiate a rezoning to a base zoning district in accordance with Section 1103.03, or the property owner, or their agent, may resubmit a PD Development Plan in accordance with the procedures of this chapter.

(d) Changes to Approved PDs.

(1) A PD shall be constructed and completed in accordance with the approved PD Development Plan, including all supporting data and conditions. The PD Development Plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assignees, and shall limit and control the use of premises (including the internal use of buildings and structures) and the location of structures in the PD as set forth therein.

(2) Where a property owner on a lot in a PD seeks a variance from the applicable standards for an individual property that will not apply to any other property in the PD, the property owner shall request such variance in accordance with Section 1103.07.

(3) Any request to change or otherwise modify the approved PD Development Plan as it applies to more than one property owner, shall be reviewed based on whether the change is considered major or minor, in accordance with this subsection.

A. Major Change.

i. Major changes to a PD require the prior approval of the MPC and the City Council in the same process, and with the same hearings, as was used to review the PD Development Plan. The ZEO shall have the authority to determine if a proposed change is a major change. Major changes include, but are not limited to:

a) Expansion of the PD project beyond the original tract coverage;

b) Removal or subtraction of land from the original tract coverage; and

c) Proposed changes that will result in an increase in residential dwelling units of more than five percent of the total dwelling units proposed or an aggregate increase of more than ten percent (10%) in nonresidential square footage.

ii. Changes that require the approval of only the MPC at a public hearing include, but are not limited to, the following:

a) Changes in the relative to the size and arrangement of buildings, the layout of streets or circulation patterns, the size, configuration and location of common open space, and changes in any approved elements of the PD; and

b) Amendments to the conditions that were attached to the PD Preliminary Development Plan or PD Final Development Plan approval.

B. Minor Changes.

i. Minor changes are those proposed by the developer/owner which do not disturb or affect the basic design and approved PD Development Plan, and which are essentially technical in nature, as determined by the ZEO.

ii. Examples of minor changes include, but are not limited to, changes in the intensity of lighting, changes in the size or location of water and sewer lines within approved easements, and changes in the location or number of fire hydrants.

iii. Additionally, the ZEO shall have the authority to approve structural dimensional changes that do not increase density, that do not change building height by more than ten (10) feet, or that do not change building or perimeter setbacks by more than fifteen (15) feet when necessary to accommodate minor shifts in the location of improvements or infrastructure.

iv. The ZEO shall notify the MPC of all such approved minor changes.

(e) Revocation.

(1) In the event of a failure to comply with the approved plan or any prescribed condition of approval, including failure to comply with the phased development schedule, the MPC may, after notice and hearing, revoke the approval of the PD Development Plan. The MPC shall at the same time recommend whether to maintain the PD zoning district or to rezone the properties to another zoning district.

(2) The revocation shall become final thirty (30) days after City Council passes an ordinance to rezone the property to a base zoning district, other than a PD, or a decision by the MPC to revoke the approved plans but retain the PD zoning.

(3) Where the PD zoning remains without an approved PD Development Plan, the property owner or agent shall be required to submit a new PD Development Plan in accordance with the review procedures of this chapter.

(f) Recording. The recording of the subdivision related to the PD approval shall be done in the same manner as outlined in Section 1103.10.

(Ord. 2024-032. Passed 7-22-24.)

1107.04 REVIEW CRITERIA.

All PD applications shall be reviewed based on the following general criteria and the applicable review body shall consider such criteria in the creation of its specific findings when making recommendations and decisions regarding PD applications:

(a) The proposed development is in conformity with the goals, policies, and any applicable recommendation plans adopted by City Council;

(b) The proposed development meets the intent and spirit of this code and all other applicable City ordinances;

(c) The development provides an environment of stable character that promotes a harmonious relationship between land uses within the site and a harmonious relationship with surrounding development, utilizing adequate screening where necessary;

(d) The proposed development provides a development pattern which preserves and utilizes the natural topography, geologic features, scenic vistas, natural vegetation and natural drainage patterns of the site;

(e) The proposed development minimizes nuisances between residential areas and other land uses;

(f) The proposed development, while compatible with its surroundings, provides a more diverse environment for living, shopping and/or working than would be possible under strict application of the standard minimum design requirements of other districts provided within this code;

(g) The proposed development promotes greater efficiency in the use of land and does not impose an undue burden on public services and facilities such as fire and police protection, public works, schools, water supply and wastewater disposal due to excessive population densities;

(h) The proposed development is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated;

(i) The proposed development is accessible from public thoroughfares adequate to accommodate the traffic which will be imposed on them by the proposed development, and the proposed streets and parking areas within the site are adequate to serve the proposed arrangement and densities of land uses;

(j) The internal connectivity will assist in creating safe traffic patterns for pedestrians and cars while also minimizing the need for multiple curb cuts;

(k) The proposed development minimizes pedestrian, bicycle, and vehicle conflicts;

(l) The proposed development provides a higher quality and more useful design of landscaping and open space and amenities than would normally be required under the strict application of existing zoning and subdivision requirements;

(m) The proposed development contains such proposed covenants, easements, association by-laws and other such provisions as may reasonably be required for the public health, safety, convenience, comfort, prosperity and general welfare;

(n) Where common open space is required, appropriate arrangements with the applicant have been made which will ensure the reservation of common open space as identified on the PD Development Plan. Furthermore, the PD Development Plan shall demonstrate how the open spaces shall be duly transferred and maintained by a legally established homeowners' association or another public or quasi-public agency for preservation and maintenance;

(o) The proposed development is designed in such a way that each individual section of the development as well as the total development can exist as an independent section capable of creating an environment of sustained desirability and stability or that adequate assurance has been provided that such an objective shall be attained;

(p) Appropriate agreements with the applicant have been made to ensure the proper completion of public improvements in compliance with the requirements of this code;

(q) The proposed development can be substantially completed within the time specified in the schedule of development submitted by the developer; and

(r) The PD plans have been transmitted to all other agencies and departments charged with responsibility of review and any identified issues have been reasonably addressed by the applicant.

(Ord. 2024-032. Passed 7-22-24.)

1107.05 PERMITTED USES.

(a) Principal Uses.

(1) Only those uses listed in this code (See Section 1105.03.), as a permitted use, whether permitted as-of-right, permitted with standards, or permitted as a conditional use, may be considered in the application of a PD.

(2) In general, any standards that apply to a specific use in this code shall also apply to those same uses in a PD. However, the MPC and City Council may adjust or waive any of those use-specific standards (See Section 1105.04.) based on unique circumstances specific to the applicable development.

(3) As part of any approval, the MPC and/or City Council may restrict the uses permitted within an individual PD by adopting a list of uses permitted within the PD, particularly for nonresidential buildings where uses may change in the future.

(4) Any changes in uses within an approved PD shall be required to be reviewed as part of a major PD amendment.

(5) Where residential uses are proposed for a PD, no more than fifty percent (50%) of the dwelling units may be single-family dwelling units. A mixture of housing types and sizes is strongly encouraged within every PD to promote housing choice and affordability.

(b) Accessory Uses.

(1) Unless otherwise allowed for in the approved plans, accessory uses associated with development in a PD shall be allowed in accordance with Section 1108.01.

(2) As part of any approval, the MPC and/or City Council may restrict the accessory uses permitted within an individual PD.

(Ord. 2024-032. Passed 7-22-24.)

1107.06 DEVELOPMENT STANDARDS.

(a) Lot and Density Regulations.

(1) There shall be no minimum lot area for individual lots within a PD. However, the MPC and City Council shall have the authority to restrict densities based on the compatibility of the development with surrounding development, the scale of the overall project, traffic impacts, and recommendations from adopted plans.

(2) The maximum gross density of any PD District that contains residential uses shall be as established in Table 1107-1.

TABLE 1107-1: PD DENSITY ALLOWANCES
Proposed Uses or Location	Maximum Gross Density
Mixed-use buildings in a PD adjacent to the CB District or within 1,000 feet of the CB District	20 units per acre
Mixed-use buildings or residential uses in a PD District that was originally zoned GB or is adjacent to a GB District	16 units per acre
PD Districts where 75 percent or more of the dwelling units will be contained in buildings with 6 or more dwelling units per structure	12 units per acre
All other types of PD Districts	8 units per acre

(3) The PD Development Plan shall illustrate lot areas and setbacks (e.g., building area for each lot) for each lot.

(4) Every building in a PD shall have access either to a street, walkway, or other area dedicated to common use.

(5) In PDs with residential dwelling units, the privacy of future residents shall be assured by yards, creative building arrangements, screening and other design elements.

(b) Design and Development Standards. Where this code provides for design and development standards (e.g., parking, landscaping, architectural standards, etc.) not specifically addressed in this chapter, development within a PD shall comply with the applicable standard found elsewhere in the code, unless modified by the MPC and City Council.

(1) Subdivision Compliance. Unless alternative standards are approved as part of a subdivision modification, all PDs shall comply with the applicable subdivision improvement and design standards established in Chapter 1114: Subdivision Design.

(2) Streets. All streets proposed within a PD shall be public streets, dedicated to the City of Mount Vernon in accordance with the applicable subdivision regulations, unless otherwise approved by the MPC and City Council as part of the PD Development Plan approval.

(3) Landscaping and Screening.

A. All uses in a PD shall comply with the applicable landscaping and screening requirements of Chapter 1111: Landscaping and Screening, which shall be established as the minimum landscaping and screening requirements.

B. All development and common open space shall be landscaped according to an overall coordinated plan, utilizing a variety of trees, including evergreen type trees whenever possible to maximize screening potential year-round. Plantings, walls, fencing and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile sight distances.

C. The amount of landscaping shall be comparable to the intensity of the development proposed to soften the developed areas. Particular care shall be taken to introduce trees and other landscaping into parking and other paved areas that are sustainable given the proximity to large expanses of pavement.

D. Outdoor areas or containers holding or storing trash, garbage, recycled or reused materials shall be screened on three sides from adjoining properties, streets and other public areas. Such areas or containers shall be screened in accordance with this code and shall include a decorative gate for access.

E. Project Buffer.

i. PDs that contain nonresidential uses or residential uses of a higher density or intensity than of adjacent residential uses shall be required to provide a permanent landscaping buffer consisting of mounding and vegetative plantings sufficient to protect the privacy and amenity of such adjoining areas. The buffer area shall be a minimum of thirty-five (35) feet in width unless otherwise approved by the MPC and City Council.

ii. The buffer area shall be maintained by the land owner or owners' association in such a manner as to insure its effectiveness.

iii. The project buffer area shall not be included in the calculation for the lot area of any private lot.

(4) Common Open Space.

A. Common open space shall be required in all applications where there is a proposed PD that contains any residential uses unless all the residential dwelling units are contained within mixed use buildings.

B. The common open space requirements for a PD shall be based on the proposed residential density and shall be in accordance with Table 1107-2. The MPC and City Council may approve a reduction in the required common open space set-aside area due to proximity to existing parks and permanent open spaces or where a smaller area of open space will result in enhanced amenities for the development and/or City.

C. In the case of phased developments, open space shall be provided in proportion with each developed phase.

TABLE 1107-2: PD COMMON OPEN SPACE REQUIREMENTS
Proposed Residential Density (Gross Density)	Require Common Open Space Set-Aside
Proposed Residential Density (Gross Density)	Minimum % of Improved Open Space	Total % of Open Space
Under 12 Dwelling Units per Acre	5 Percent	15 Percent
12 to 18 Dwelling Units Per Acre	7 Percent	10 Percent
Over 18 Dwelling Units Per Acre	10 Percent	10 Percent

D. Where a minimum percentage of open space is required to be improved open space, that percentage shall be based on the gross site area of the proposed project, including all rights-of-way.

E. The area of improved open space may also count toward the total percentage of open space for the entire project, which shall also be based on the gross site area of the proposed project, including all rights-of-way.

F. Areas Counted as Improved Open Space. For the purposes of complying with this subsection, the following features shall be credited towards the improved open space requirements, if approved as such by City Council in review of the open space:

i. Land occupied by active recreational uses such as pools, ball fields, playgrounds, tennis courts, jogging trails, and residential community centers used primarily for recreation purposes.

ii. Formally planned and regularly maintained open areas that include arranged plantings, gardens, gazebos or similar structures, fountains, sculpture, and other forms of public art.

Figure 1107 A: Formally planted areas and gardens can be credited toward

improved open space requirements.

iii. Squares, forecourts, plazas, parks, public art, sculpture or fountains or other water features designed in accordance with the standards in this subsection.

iv. Where such features provide a clear community benefit, City Council may credit plazas and sidewalk areas exceeding the minimum sidewalk width requirements that contain at least four of the following features towards the improved open space area requirements:

a) Seating elements;

b) Specialized or decorative paving features;

c) Pedestrian lighting beyond that required to illuminate public rights-of-way;

d) Arcades, canopies, awnings, or overhangs to shield pedestrians;

e) Street furnishings, including but not limited to planters, waste receptacles, bicycle racks, drinking fountains, or shelters for persons utilizing public transit; or

f) Community informational kiosks.

Figure 1107 B: Features such as planters, seating elements, and sidewalk arcades

or overhangs can be credited towards improved open space.

G. Regulations for General Open Space.

i. Beyond any open space areas defined as improved open space, the open space may include fields, landscaped areas, natural areas, etc. that are not specifically excluded from the calculation by this chapter (See Section 1107.06(b)(4)H, below). Such spaces shall still comply with all general requirements for open space as established in this chapter.

ii. Stormwater management devices, including retention ponds, and other bio-retention devices, can be counted towards the overall open space requirement when such features are treated as a site amenity and to qualify, they shall support passive recreation uses by providing access, gentle slopes less than three-to-one (3:1), and pedestrian elements such as paths, benches, and similar aspects.

Figure 1107 C: Illustrative example of a stormwater pond designed as a project amenity.

H. Areas and Uses Not Counted as Open Space. The following areas shall not be counted toward compliance with open space requirements:

i. Private and public roads, and associated rights-of-way;

ii. Public or private parking spaces, access ways, driveways, and other vehicular use areas;

iii. Required minimum spacing between buildings and required yard setbacks;

iv. Land that is subject to pre-existing conservation easements or other similar protected open spaces;

v. Above-ground buildings, pipes, apparatus, and other equipment for community or individual use, septic or sewage disposal systems;

vi. Substations or public utility easements;

vii. Dry stormwater detention basins or facilities;

viii. Leftover slivers of land that has no value for development, that is not part of a larger improved open space set aside, and is not a natural resource (e.g., river or stream corridor, large forest stand, wetland) that contributes to the quality of the overall project, as determined by the MPC and City Council.

I. Permitted Uses in Open Spaces. The following uses may be permitted in required open space:

i. Areas preserved in their natural state as wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented areas;

ii. Outdoor active or passive recreational uses for the use and/or enjoyment of the residents of the proposed development. Any restricted open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the MPC. Where deemed appropriate by the MPC, recreation areas shall be provided with sufficient parking and appropriate access;

iii. Utilized for the raising of crops when authorized in a conservation easement or in the association's covenants and restrictions; and

iv. Any other similar uses approved by the MPC during the applicable review procedure.

J. Design Standards for Open Spaces. Land set-aside as open space shall comply with the following standards:

i. All areas of open space shall be accessible to residents or users of the development by providing at least ten (10) feet of frontage on a public street.

ii. All areas of the open space shall have a minimum width of fifty (50) feet with the exception of trails and sidewalks that may provide access to the required open space, in which case, those areas of sidewalks and trails may be as narrow as ten (10) feet in width.

iii. The open space shall be located and designed to the satisfaction of the MPC and shall be sufficiently aggregated to create large areas of planned open space.

iv. The open space shall conserve significant topographic and landscape natural features to the extent practicable.

v. Any area within the open space that is disturbed during construction or otherwise not preserved in its natural state, shall be landscaped with vegetation that is compatible with the natural characteristics of the site.

vi. All open space required by this chapter, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on all approved plans.

vii. Where open areas, trails, parks, or other open space resources are planned or exist adjacent to development, the open space shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the presently existing trail, park, or other open area land.

(5) Protection and Maintenance of Common Open Space. Adequate provision shall be made for the long-term maintenance and/or operation of all common open space in accordance with this section.

A. Reclamation of Disturbed Open Space. Any required land areas designated for use as open space that are disturbed during construction or otherwise not preserved in their natural state, shall be landscaped with non-invasive vegetation that appeared in those respective areas prior to construction or with other native vegetation. The planting of invasive plant species is prohibited.

B. Future Subdivision and Development of Open Space. All required open space shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City of Mount Vernon and duly recorded in the office of the Knox County Recorder. Subject to permanent restrictions as set forth above, required open space in an open space residential subdivision shall be owned by a homeowners' association, a land trust or other conservation organization, or by a similar entity recognized by the City of Mount Vernon. Required open space may be held by the individual members of a homeowners' association as tenants-in-common or may be held in common ownership by a homeowners' association, community association, or other similar legal entity.

C. Conservation Easements. With the permission of the City of Mount Vernon, the owner(s) of required open space may, in accordance with the applicable provisions of the ORC, grant or transfer a conservation easement to any entity described in the ORC, provided that the entity and the provisions of the conservation easements are acceptable to the City of Mount Vernon. When a conservation easement is proposed as the method of restricting further subdivision of land designated as open space, the City of Mount Vernon shall be named as a party to such conservation easement with approval authority over any changes thereto. The conveyance must contain appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easements under the ORC, in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.

D. Property Owners' Associations. The following shall apply where a property owners' association (including homeowners' associations) will be established to maintain any open space or other common areas as required by this article:

i. A property owners' association shall be established to permanently maintain all open space, common areas and conservation easements related to the open space unless such open space is preserved in another manner allowed by this chapter.

ii. All homeowners' association agreements shall be submitted for approval as part of a zoning certificate, conditional use, planned development application, as applicable. Copies of the proposed covenants, articles of incorporation, and bylaws of the association shall be submitted with said agreements. No set of proposed covenants, articles of incorporation, or bylaws of a property owners' association shall permit the abrogation of any duties set forth in this section.

iii. All property owners' associations shall guarantee maintenance of all open space and common areas within the boundaries of the development. In the event of a failure to maintain such open space or common areas, the City may do any of the following:

a) If the open space or common area is owned by the City, a City-approved land trust or other qualified organization, county, state or park district, the City may remedy the failure to maintain at its own cost and seek reimbursement from the property owners' association, or seek to enforce the property owners' association's duty to maintain through an injunction or any other civil remedy.

b) If the open space or common area exists pursuant to a conservation easement to which the City is a party, the City may seek to enforce the terms of the conservation easement as provided in Section 1107.06(b)(5)C.

iv. If the open space or common area is owned jointly or in common by the owners of the building lots, or by any other owner of the property to be maintained, the City may seek to enforce the association's nonperformance of its obligations and duties through an injunction or any other civil remedy.

(6) Signs.

A. Signs shall be integrated into the building and landscaping plans to enhance the overall appearance while providing adequate identification of the development.

B. The requirements of Chapter 1113: Signs, may only be waived as part of the approval of the PD Development Plan when the applicant submits a master sign plan for the entire PD. In such cases, the master sign plan shall allow for an increase of up to ten percent (10%) more total sign area, for each sign allowance, than allowed in Chapter 1113: Signs.

(7) Development Layout. Dwelling units shall be grouped or clustered to provide interest and diversity in the arrangement, maximize privacy, collect and maximize the common open space and promote the individual character and coordinated layout of each lot, cluster and grouping. Streets and cul-de-sacs shall be laid out so as to discourage through and high-speed traffic unless such through street is needed to be in compliance with the approved City plans.

(8) Vehicular Access Points.

A. Adequate and properly arranged facilities for internal pedestrian and traffic circulations shall be provided.

B. Topography, landscaping and existing vegetative clusters shall be utilized as necessary to make the project attractive and provide screening between areas of substantially different character.

C. The street and thoroughfare network shall be designed to minimize truck and through traffic passing through residential areas of the development.

D. A minimum of two ingress and egress points shall be provided for any PD. If a PD is phased, each phase shall have a minimum of two (2) ingress and egress points at the time of construction. A reduction of this requirement may only be allowed if the applicant can demonstrate that a single ingress and egress point will provide for sufficient emergency access and/or evacuation of residents.

E. Where a PD is located adjacent to a vacant lot, connections shall be planned for the future connection to the future development of the vacant lot unless otherwise approved by the MPC and City Council. Where such connections are made, a temporary turnaround may be established and the future connection shall be noted on the PD Final Development Plan and the final subdivision plat. An easement shall be provided on the final plat of the subdivision to keep the land open in perpetuity for the connection.

(9) Circulation Plan.

A. The circulation system and parking facilities shall be designed to fully accommodate the automobile with safety and efficiency. Any driveway to arterial and collector streets shall be placed at locations where the traffic can be controlled and operated effectively with the minimum interference with the capacity and flow of the existing streets.

B. An interconnecting walkway system shall be designed to promote easy and direct barrier-free access, using accepted criteria, to all areas of the development in a carefully conceived total service plan while also considering the security of the residents in the design. Wherever possible, the vehicular and pedestrian circulation patterns shall be completely separate and independent of one another.

C. A PD shall consider bicycle plans adopted by the City and/or a regional agency, where applicable, on or adjacent to the site. A component of the bike plan which is proposed within a planned development shall be assured for public access by easements, agreements or covenants as may be appropriate after review by appropriate departments and approval by Council.