Myersville City Zoning Code
ARTICLE XI
Planned Unit Development
§ 165-73 Purpose.
A.
The purpose of this article is to permit such flexibility and provide performance criteria which can result in planned developments which produce:
(1)
A maximum choice in the types of environment and living units available to the public.
(2)
Open space and recreation areas.
(3)
A pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion.
(4)
A creative approach to the use of land and related physical development.
(5)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.
(6)
An environment of stable character in harmony with surrounding development.
(7)
A more desirable environment than would be possible through the strict application of other sections of this chapter.
B.
A planned unit development (PUD) shall be a separate entity with a distinct character in harmony with surrounding development. This article is designed to provide for small- and large-scale developments incorporating a variety of residential and related uses which are planned and developed as a unit. Open space land must be an essential and major element of the plan which is related to and affects the long-term value of the homes and other developments.
§ 165-74 Location.
[Amended 4-11-2017 by Ord. No. 2017-04]
The PUD may be established in the R-1, R1-SG, R-2, and VC Districts.
§ 165-75 Plan review.
A.
The developers shall present plans, reports and related information in sufficient detail to enable the Town Council and Planning Commission to evaluate the proposed development in accordance with the provisions of this article. Plans for the PUD shall be submitted to and reviewed by Planning Commission, and the recommendation of the Planning Commission shall be forwarded to the Town Council prior to the Council holding a public hearing. Review by the Town Council shall take place at public hearings advertised at least 15 days prior to such hearing. Adjacent property owners shall be notified of the proposed project and the hearing dates. A zoning certificate for any structure in a planned unit development shall be issued only after the plans for such development have been approved by the Town Council. All structures in a planned unit development shall be constructed as shown on the approved plans.
B.
A fee shall be paid by the developer when submitting a PUD request to the Planning Commission for review. Such fees shall be established, from time to time, by the Town Council upon the recommendation of the Planning Commission. The fee schedule shall be maintained on file in the office of the Town Clerk.
C.
As part of its review, the Town Council shall determine the feasibility and desirability of the project on the basis of the following considerations:
(1)
Relationship to plan, ordinances and development policies.
(2)
General location with regard to availability of vehicular access and water and sewerage facilities.
(3)
Topography and relationship to existing community.
(4)
Potential aftereffect of growth and demand for public facilities and services.
(5)
General timing of the proposal.
D.
The following submissions shall be made:
(1)
A survey plat drawn at no less than a one-inch-equals-two-hundred-inches scale showing the tract boundary, five-foot contours, all existing zoning and a vicinity map.
(2)
A written account generally identifying types, locations, densities and acreage consumed by all proposed land uses.
(3)
A requested density for the total project.
(4)
A statement of intent concerning the provision of water, sewer and highway improvements, noting their feasibility and when and by what means each is to be provided.
(6)
A plan for phasing the construction of the project, showing construction of the project, showing geographic coverage of future plats and their approximate sequence of submission.
E.
On the basis of its review, the Town Council may approve the concept of the project and grant a density not to exceed that stated in this section or disapprove the concept of the project. In its review, the Town Council is empowered to request additional information that it may deem necessary. The Town Council may attach conditions to the approval. After Town Council approval, the project must proceed through the customary subdivision regulation process.[1]
[Amended 4-11-2017 by Ord. No. 2017-04]
§ 165-76 Development requirements.
The Planning Commission shall investigate and ascertain that the plans for a planned unit development meet the following conditions:
A.
Size of tract. The tract of land for the project shall consist of not less than 10 acres.
B.
Density.
(1)
The density for the PUD shall relate to the zoning district in which it is located. The overall maximum gross density that may be permitted is as follows:
[Amended 4-11-2017 by Ord. No. 2017-04]
Zoning District | Maximum Density (dwelling units per gross acre) | |
|---|---|---|
R-1 | 2 | |
R1-SG | 3 | |
R-2 | 8 | |
VC | 8 |
(2)
If the floodplain area of the planned unit development exceeds 10% of the site, then when calculating the maximum number of dwelling units to be built on the tract, the usable area shall first be determined by deducting from the gross area of the tract all floodplain areas (fifty-year floodplain and floodplain alluvium soils) and then applying the approved density figure for the PUD to the usable area contained in the tract.
C.
Use of building. Buildings may be used for all residential uses, public and cultural uses, recreational uses and commercial uses as herein specified.
(1)
Single-family detached, two-family and multifamily residential uses shall be permitted, regardless of the district classification. The mix of residential dwelling units shall be in accordance with the following requirements:
[Amended 4-11-2017 by Ord. No. 2017-04]
Type of Use | R-1/R1-SG | R-2/VC | |
|---|---|---|---|
Single-family detached | |||
Minimum percentage permitted | 50% | 25% | |
Maximum percentage permitted | 75% | 50% | |
Two-family (maximum percentage permitted) | 25% | 50% | |
Multifamily (maximum percentage permitted) | 25% | 50% |
(2)
Limited commercial uses, as approved by the Town Council, shall be permitted in developments containing 100 or more dwelling units. Such commercial uses shall be permitted at the ratio of 2,400 square feet of floor area for every 100 dwelling units. The commercial area shall be approved by the Town Council and may be located in separate buildings or incorporated within a multifamily structure, provided that no residential uses be located below the commercial use. A multifamily building commercial use sign shall be limited to an identification for each point of access. The signs shall not exceed two square feet in area, shall not be directly lighted and shall be attached flat against the face of the buildings or other architectural structure.
D.
Height: 40 feet, maximum.
E.
Lot size and width. There shall be no minimum lot area requirements. The minimum lot width must meet the minimum road frontage requirement of 35 feet.
[Amended 10-11-2005]
F.
Yard area. No single-family detached dwellings and no addition to a single-family detached dwelling shall be erected within a distance of less than 16 feet from any other dwelling. Two-family, multifamily and commercial buildings shall be located at least 25 feet from all other buildings. In all cases, the applicable front yard requirement of the district shall be met. Yard areas on the boundary of the PUD must meet the setback requirements of the district in which located.
G.
Open space. "Open space" shall mean land area within the PUD which is either undeveloped or developed for recreational purposes and is either owned in common among the residents or is dedicated to the municipality. At least 25% of the tract shall be devoted to open space purposes. Of the required open space area there shall be at least 0.02 acre per dwelling unit devoted to an active recreational area. There shall be at least one separate active recreation area of a minimum of one acre in size for each 100 dwelling units in the development.
H.
Utilities. Town public water and Town public sewer must be provided to the development by the developer.
I.
Other public facilities. The Town Council may require the reservation of sites for other public facilities (schools, fire or police stations, libraries, etc.) if the need of the development justifies the facilities.
J.
Other requirements. All other requirements (parking, signs, accessory uses, etc.) of this chapter must be complied with.
K.
Homeowners' association. A homeowners' association (HOA) will be required if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities, including streets, drives, service and parking areas and recreation areas. When required, the owner must establish an HOA in accordance with requirements and procedures approved by the Town Council. The Federal Housing Administration's Land Planning Bulletin entitled "Planned Unit Development with an HOA" may be used as a guide.
[Amended 4-11-2017 by Ord. No. 2017-04]