The intent of the PUD regulations is to permit greater flexibility via a process of negotiations and, consequently, more creative and imaginative design for the development of PUD area than generally is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, land uses, a higher level of urban amenities, and preservation of natural scenic qualities of open spaces. Furthermore, it is the intent of this article to give the developer reasonable assurance of ultimate approval before expending complete design monies while providing city officials with assurances that the project will be constructed and retain the character envisioned at the time of concurrence.

902.1 A planned unit development is a land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building siting, mixtures of housing types and land uses, usable open spaces, and the preservation of significant natural features.

The PUD process allows a much freer placement of buildings on the land than conventional lot-by-lot systems. The total parcle or project area rather than a single lot is the unit of regulation, and controls apply to either developments. Densities may be calculated on a project basis, allowing the clustering of buildings to create useful open spaces and preserve natural site features. Increased flexibility allows project elements — housing, transportation systems, open spaces, nonresidential uses — to be interrelated with one another. Traditionally tight controls over use districting are also relaxed, permitting mixtures in dwelling unit types and land uses within the same project.

902.2 The following planned unit districts are hereby established:

(a)

Planned unit district—Residential (PUD-R)

(b)

Planned unit district—Commercial (PUD-C)

(c)

Planned unit district—Industrial (PUD-I)

902.3 The planned unit districts may be implemented in the following ways:

(a)

The city council may amend the existing zoning map and change the existing zoning district by substituting a PUD district in its place, or

(b)

The city council may designate an area on the existing zoning map as a PUD which does not presently have a zoning district classification. An example of this is an area of land annexed into the city within which development is anticipated.

The city council shall amend the official zoning map after the applicant has followed the procedures established in section 905 of this ordinance.

Any area may be rezoned as a planned unit district if any one or more of the following conditions are met.

903.1 More than one principal land use is proposed for development on a parcel under single ownership or management.

903.2 Separate land uses, which would not otherwise be permitted to locate within the same zoning district, are proposed for development on one or more adjacent parcels under single ownership.

903.3 Exceptions or variations to the size, dimensional changes in standards required, or other requirements of the zoning ordinance are being sought.

904.1 Minimum size: The parcel(s) utilized for the PUD must contain an area of not less than the following:

904.2 Location: The PUD shall have access to major streets without creating traffic or minor residential streets outside the PUD. The PUD shall also be adequately served by public water and sewerage and storm drainage systems. Where feasible, private facilities, utilities or services approved by appropriate public agencies may be permitted to serve the PUD.

904.3 Ownership: An application may be filed with the building inspector by a person having an equitable interest in the property to be included in the PUD. The application shall be filed in the name(s) of the recorded owner(s) of the said property. Prior to approval of the final development plan by the planning commission, the project shall be in single ownership.

904.4 Maintenance agreements/homeowners association (HOA):

(a)

PUD projects shall be approved subject to the submission of a legal instrument(s) setting forth a plan or manner of permanent care and maintenance of such open spaces, recreational areas, common parking areas, and other communally owned facilities. No such instrument shall be acceptable until approved by the city attorney as to legal form and effect, and to the planning commission as to suitability for the said proposed uses. The HOA is the most widely accepted technique for managing commonly owned property.

(b)

The HOA shall be organized as a non-profit corporation with automatic membership in the HOA when property is purchased in the PUD. This shall be specified in the covenants which run with the land, which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Assessments shall also be handled in covenant form rather than as articles of incorporation since the latter may easily be amended. Included in the maintenance covenants shall be procedures for changing them at stated intervals since maintenance costs may change over time. Deeds shall also mention the rights and responsibilities of property owners to the HOA. The HOA shall also be responsible for liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro rata share formula for all property owners.

904.5 Conveyance of development rights:

(a)

While restrictive covenants are commonly used, private enforcement of open space covenants may not be sufficient because covenants generally expire, either within a set time or by court action upon the showing of substantial change in the conditions which generally inspired them. A safer method which is becoming increasingly popular is the conveyance of development rights to local governments. Using this method, the land remains in the undivided ownership of the PUD residents or their HOA. The property is held for the exclusive use of the residents, and the HOA is fully responsible for its maintenance. However, the rights to develop the property are conveyed and therefore owned by the local government. This leaves the residents and the HOA only the right to use the land as specified in the final development plan. Another advantage of this approach is the greater likelihood of a more favorable tax assessment due to the greater assurances that open spaces will remain open and undeveloped.

(b)

Approval of such open spaces by the planning commission shall be expressly conditional upon a conveyance by the developer to the city of the development rights, or the right to prohibit the construction of additional buildings or other rights necessary to achieve the purposes set forth in this ordinance.

904.6 Planner's and designer's qualification: The proposed PUD projects shall be designed by qualified professionals under the laws of the State of Mississippi.

904.7 Compliance with city's comprehensive plan: The proposed PUD project must comply in general intent to the city's comprehensive plan.

905.1 Explanation of the PUD process: The PUD approval process is somewhat different from the normal method utilized by the city zoning ordinance for the review and approval of development plats. In essence, the PUD process discards the traditional use districting, self-executing development regulation for a more open process permitting the application of sound planning principles to the development of various size parcels. The site plan review process, guides by a combination of specific design standards and performance criteria, replaces the self-executing ordinance. Administrative discretion and negotiations are increased as well as opportunities for development incentives. A three-step review process shall be used: (1) a preapplication conference; (2) a preliminary development plan; and (3) a final development plan.

905.2 Preapplication conference: In order that a meaningful dialogue is established between the developer and the city for efficient information exchange, there is hereby created a PUD coordinating committee composed of the city planning commission chairman, a representative of the city manager's office, city utility department managers and any other agency officials as deemed necessary by the chairman. It shall be the chairman's responsibility to contact the committee participants, conduct the meetings, and develop any written documents or correspondence for the city to the developer.

The PUD coordinating committee shall conduct at least one formalized conference between the developer and the city. The developer shall present preliminary plans and sketches and basic site information to the committee. The committee shall consider the said proposal and advise the developer as to the relation of the proposal to the city's general development objectives for the area and to the policies of the city and planning commission with reference thereto. Thereafter the chairman shall furnish the applicant with his written comments regarding the conference including appropriate recommendations to inform and assist the applicant prior to his preparing the components of the required preliminary development plan.

905.3 Preliminary development plan:

(a)

The preliminary development plan stage is the most critical step in the three-step review process. It is the point at which major substantive review of the proposed PUD takes place, and recommendations are made on zoning changes. Finally, it is the lay citizens only chance for major response through a public hearing. This step is initiated by the developer through the submission of a formal application for a PUD (section 907). Preliminary subdivision plans are also reviewed at this stage. All other substantive reviews by the city shall also be undertaken at this stage of the review process.

(b)

The formal PUD application shall be made to the city planner. The city planner and the city engineer shall review the proposed PUD in detail and work closely with the developer until an agreement is reached on an acceptable preliminary plan. The city planner will convey his findings and recommendations in writing to the planning commission prior to the scheduled public hearings. In the event that there is not sufficient city staff to undertake a thoroughly professional review of the project, the city manager shall retain a qualified private consultant to conduct the design reviews for the city.

(c)

The planning commission shall review the PUD proposals along with the written recommendations of the city engineer and city planner and any substantive issues raised during the public hearing. The public hearing shall be held in accordance with the provisions of article XII of this ordinance. The commission may recommend changes to the PUD plans concerning, but not limited to, utilities, drainage, landscaping, maintenance activities, lighting signs and advertising devices, screening, accessways, curb cuts, traffic control, parking standards, height of buildings and setbacks, and placement of buildings, and perimeter design elements.

(d)

At the public hearing held by the planning commission, the developer presents his proposal. The planning commission must also have before it the recommendations of the city engineer and city planner and any employed consultants for either party should also be present.

(e)

The preliminary development plan shall be forwarded to the city council for final approval only after the planning commission developer, and city staff are in agreement with the plan. The role of the city council is to grant (with conditions) or deny the zone change, and not to get bogged down in substantive review of the PUD design itself. While such legislative meetings are open to the public, they should not be considered formal public hearings as in the planning commission, the principle that administrative bodies should conduct public hearings rather than legislative bodies should be adhered to.

(f)

Approval by the city council of the preliminary development plan shall include an amendment to the zoning map (if necessary) to officially establish the PUD district for the said project. The city planner shall amend the zoning map to show the PUD district.

905.4 Final development plan:

(a)

The final development plan stage serves several important functions. It wraps up the design specifics of the preliminary development plan in their final form and includes the review of some additional items not presented in the preliminary design stage. It is the last opportunity the city staff and planning commission will have to insure that the PUD conforms to the intent of this ordinance. However, this stage shall not be a time to reopen negotiations on matters that were previously discussed and agreed to in the preliminary stage.

(b)

The final development plan shall be submitted within six months from approval of the preliminary plan to the planning commission, which will conduct the professional review of the plan within 30 days of submission.

(c)

The final development plan shall not vary substantially from the previously approved preliminary development plan. The final development plan shall be deemed in substantial compliance with the preliminary development plan provided modification by the applicant does not involve a change of one or more of the following:

(1)

Violate any provision of this article of this ordinance;

(2)

Vary the lot area requirement by more than five percent;

(3)

Involve a reduction of more than five percent of the area reserved for the common open space and/or usable open space;

(4)

Increase the floor area proposed for non-residential use by more than ten percent; and

(5)

Increase the total ground area covered by buildings by more than five percent.

If substantial compliance with the preliminary development plan is not established, the new plan must repeat the public hearing process for review and changes.

(d)

In addition to ensuring substantial compliance with the preliminary development plan, the final development plan stage must review all the information required for the preliminary development plan in its finalized, detailed form. This includes site plans sufficient for recording and engineering drawings. All schematic plans presented in the preliminary development plan stage, such as a landscape plan, must be presented in their detailed form. Any items not submitted during the preliminary stage must be reviewed, and any final plats and public dedication documents shall also be submitted at this time.

(e)

The developer, the city planning commission, and the city manager shall agree on an appropriate technique for the guarantee of the required improvements within the PUD as provided for in the city's land subdivision ordinance.

(f)

The final development plan shall be approved by the planning commission and shall be either approved, approved with modifications, or disapproved. If the final plan is disapproved, the reasons for disapproval shall be stated in writing and made a part of the public record, as well as presented to the developer.

(g)

Following formal acceptance and recording, according to the procedures of the land subdivision ordinance, building permits shall be issued by the building inspector and construction may begin. Final approvals, subject to modifications or conditions, shall be agreed to in writing by the developer before recording and formal acceptance.

905.5 Amendments to the final development plan:

(a)

Often, site conditions or other complications in the physical development stage of the project will not be realized until after final development plans are approved and recorded and construction has begun. These problems are hereby divided into minor changes and major changes to the PUD.

(b)

Minor changes are defined as changes which do not substantially change the concept of the PUD as approved and are limited to small site alterations such as realigning a minor road or shifting a building setback slightly. Minor changes in the location, siting, and height of buildings and structures may be authorized by the planning commission without additional public hearings if required by engineering or other circumstances not foreseen at the required time the final plan was approved. All changes will be requested in writing by the developer and the planning commission will put all approved change orders in writing for the developer and the official project record.

(c)

No minor change authorized by this subsection of the ordinance may cause any for the following:

(1)

A change in the use or character of the development;

(2)

An increase in overall coverage of structures;

(3)

An increase in the intensity of use;

(4)

An increase in the problems of traffic circulation and public utilities;

(5)

A reduction in approved open space;

(6)

A reduction of off-street parking and loading space;

(7)

A reduction in required pavement widths.

(d)

All other major changes in use, or rearrangement of lots, blocks, and building tracts, or any changes in the provision of common open space and changes other than listed above in [subsection] 905.5(c), must be made by the joint concurrence of the planning commission and the developer. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved, or by changes in public policy. Any changes which are approved must be recorded as amendments in accordance with the procedure established for the recording of the initial final plan documents.

906.1 Responsibility for enforcement: It shall be the responsibility of the building inspector to monitor the PUD project during the construction stage and to ensure that the development is constructed in compliance with the final development plan. The building inspector shall review the building permits issued on a quarterly basis, or more often if necessary, and compare them to the overall development phasing program. The density for any one stage of a project shall not exceed overall project densities by more than 25 percent. If he determines that the rate of construction of buildings substantially differs from the phasing program or that other major construction errors are being made, he shall so notify the developer in writing. Thereafter, the building inspector shall issue such instructions to the developer as necessary, and upon continued violation of this subsection, shall suspend the developer from further construction until compliance is achieved. The city engineer shall assist when necessary.

906.2 Delay in construction: In the event that no substantial construction has begun or no use established in the PUD within the time stated in the final development plan and construction phasing schedule, the final development plan shall lapse upon written notice from the building inspector and shall be of no further effect. The planning commission may agree to extend, for a reasonable time, not to exceed one year, the period for the beginning of construction or the establishment of use. If a final development plan lapses under the provisions of this section, the building inspector shall remove the PUD district from the official zoning map and shall file a notice of revocation with the recorded final development plan with the planning commission. The zoning regulations applicable before the development was approved shall then be in effect, or if none existed prior to the PUD, the area shall assume the A-1 classification.

907.1 Application for a PUD zoning change shall be requested by the developer as per article XII of this ordinance.

907.2 The preliminary development plan stage is the most critical step in the review process. This step is initiated by the developer through the submission of a formal application for a PUD which will also include an application for a zone change and an application for a subdivision approval if appropriate. All design reviews shall be accomplished simultaneously by the planning commission.

907.3 The following written documents are required for preliminary development plan review:

(a)

A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning including the names and addresses of all owners of adjacent property, the names and registration numbers of the project planner, engineer, architect, and landscape architect.

(b)

A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. (This is very important requirement. It forces the developer to "think out his intentions". Such a requirement is an attempt to place the burden of considering all feasible design alternatives on the shoulders of the developer—to force him to plan.)

(c)

A development schedule indicating the approximate date when construction of the PUD or stage of the PUD can be expected to begin and be completed.

(d)

A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, etc.

(e)

Quantitative data for the following; total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space (including a separate figure for usable open space); total amount of non-residential construction (including a separate figure for commercial or institutional facilities); economic feasibility studies or market analysis where necessary; and other studies as required by the planning commission.

907.4 The following plans and maps are required for preliminary development plan review:

(a)

The existing site conditions, including contours at one-foot intervals, water course, flood plains, unique natural features, and forest cover.

(b)

Proposed lot lines and plot designs.

(c)

The location and floor area size of all existing and proposed buildings, structures, and other improvements including maximum heights, types of dwelling units, density per type, and nonresidential structures including commercial facilities. Preliminary elevations and/or architectural renderings of typical structures and improvements. Such drawings should be sufficient to relay the basic architectural intent of the proposed improvements, but should not be encumbered with final detail at this stage.

(d)

The location and size in acres and square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semipublic uses.

(e)

The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way (including major points of ingress and egress to the development). Notations of proposed ownership - public or private - should be included where appropriate. (Detailed engineering drawings of cross sections and street standards should be handled in the final development plan stage.)

(f)

The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating proposed treatments of points of conflict.

(g)

The existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines.

(h)

A general landscape plan indicating the treatment of materials used for private and common open spaces, including a grading plan.

(i)

Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape.

(j)

The proposed treatment of the perimeter of the PUD, including materials and techniques used such as screens, fences, and walls.

(k)

Any additional information as required by the planning commission necessary to evaluate the character and impact of the proposed PUD. (Such information should be kept to a minimum and not required at this stage in the review process unless it is considered essential to the decision of approving the general intent and character of the development and for purposes of granting zoning changes.)

907.5 The final development plan shall show all of the features required for the preliminary development plan. In addition, it shall contain a legally recordable final subdivision plat as specified in the land subdivision ordinance.

907.6 The developer shall submit five copies of the complete final development plan for review to the planning commission.

The purpose of this section is to provide a set of basic design standards for the design of a PUD project. The following design standards are intended to give the PUD planner and designer a starting point in the design process. These standards are negotiable at the request of the developer as explained in section 905 — the PUD approval process — and elsewhere in this article.

908.1 Permitted uses:

(a)

PUD-R district

(1)

Any use permitted in the C-1 district.

(2)

No use shall be permitted except in conformity with a specific and precise final development plan pursuant to the procedural and regulatory provisions set forth in this ordinance.

(b)

PUD-C district

(1)

The purpose of the PUD-C district is to encourage the development of well planned, unitary, commercial complexes, such as shopping centers or medical centers of unusual character and quality.

(2)

Any use permitted in the R-3 district.

(3)

Any use permitted in the C-2 district.

(4)

No use shall be permitted except in conformity with a specific and precise final development plan pursuant to the procedural and regulatory provisions set forth in this ordinance.

(c)

PUD-I district

(1)

The purpose of the PUD-1 district is to encourage the development of well planned, unitary, industrial complexes and industrial parks.

(2)

Any use permitted in the I-1 district.

(3)

Any use permitted in the I-2 district.

(4)

No use shall be permitted except in conformity with a specific and precise final development plan pursuant to the procedural and regulatory provisions set forth in this ordinance.

908.2 Density of dwelling units per acre of land: For purposes of this PUD section only of the zoning ordinance, the base density for the entire PUD shall not exceed eight units per gross acre of land in the project except for any specific density bonus increases granted elsewhere in this section.

Density increases shall be governed by the precepts listed below, which are to be treated as additive, and not compounded.

(a)

Open space reservation shall be considered for density increases according to the following provision:

For improved and unimproved common open space:

(1)

The first acre of common open space per 20 acres of gross, if improved, permits a maximum increase of eight percent; if first acre of common open space is unimproved, six percent is allowed.

(2)

The second area of common space per 20 acres of gross, if improved, permits a maximum increase of four percent; if unimproved, three percent is allowed.

(3)

Each additional acre of common open space per 20 acres of gross, if improved, permits a maximum increase of three percent; if unimproved, two percent is allowed.

(b)

Character, identity, and architectural and siting variation incorporated in a development shall be considered cause for density increase not to exceed 15 percent, 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 may approve. Such variations may include, but are not limited to, the following:

(1)

Landscaping (a maximum increase of five percent; streetscape; open spaces and plaza; use of existing landscape; pedestrian way treatment; and recreational areas.

(2)

Siting (a maximum increase of five percent; visual focal points; use of existing physical features such as topography; view; sun and wind orientation; circulation pattern; physical environment; variation in building setbacks; and building groups (such as clustering).

(3)

Design features (a maximum increase of five percent; street sections; architectural styles; harmonious use of materials; parking areas broken by landscape features; and varied use of house types.

908.3 Open space: Space devoid of buildings and other physical structures except where accessory to the provision of recreational opportunities.

(a)

Open space includes:

(1)

Land area of the site not covered by buildings, parking structures, or accessory structures except recreational structures. (Underground parking and decks may be counted as specified further in this ordinance.)

(2)

Land which is accessible and available to all occupants of dwelling units for whose use the space is intended.

(b)

Open space does not include:

(1)

Proposed street rights-of-way.

(2)

Open parking areas and driveways for dwellings.

(3)

School sites.

(4)

Commercial areas, and the buildings accessory buildings, parking and loading facilities for those commercial areas.

(5)

Unsuitable land as determined by specific criteria adopted by the planning commission.

(c)

Private open space is generally a small parcel of land located immediately adjacent to an individual dwelling unit, owned and maintained by its residents, and reserved exclusively for their use. In conventional development, private open space is the traditional yard.

(d)

Common open space is generally a larger parcel or parcels of land reserved primarily for the leisure and recreational use of all the PUD residents and owned and maintained in common by them, generally through an HOA. Common open space should be integrated throughout the PUD project, easily accessible to all the residents.

(e)

Public open space differs from common open space only in terms of legal ownership. It is dedicated in fee to the local governing body or one of its agencies and operated and maintained by them. Public open space in a PUD is designed primarily for the use of residents of the particular development, but generally cannot be reserved for their exclusive use due to the nature of its ownership.

(f)

As a prerequisite for approval of a PUD-R, a minimum of ten percent of the gross residential acreage, plus one acre for each 100 dwelling units shall be allocated to usable common and/or public open space. Within this total usable common and/or public open space area, no more than one-half of the acreage may be areas covered by water.

(g)

Landscaped roof areas devoted to recreational or leisure-time activities, freely accessible to residents, may be counted as open space at a value of 60 percent of actual roof area devoted to these uses. Well designed decks on garages or accessory buildings may be credited up to one-half of the total required open space. To be well designed a deck must be functional and aesthetic in the judgement of the planning commission and must be structurally safe and adequately surfaced.

(h)

Natural amenities such as unusual rock outcroppings, groves of trees, ravines, ponds, stream beds and natural swamps may be retained in their natural condition and make up one-half of the required common and/or public open space requirement upon the agreement of the planning commission. Areas devoted to natural or improved flood control channels and those areas encumbered by flowage, floodway, or drainage easements may be applied toward satisfying this portion of the total open space requirement.

908.4 Maximum coverage of the site:

(a)

In the PUD-C and PUD-I districts, section 105.8 of this ordinance which requires a minimum of seven percent of the site to be landscaped shall be followed as a non-negotiable minimum requirement. A more desirable maximum coverage of the site would be in a range of 75—90 percent of the site.

(b)

In the PUD-R district maximum coverage of the site shall be a function of the open space requirements of section 908.3 and the building spacing requirements of section 908.5.

908.5 Building spacing: Traditional yard and bulk requirements in zoning ordinances are not readily adaptable to PUDs containing a variety of new housing types and innovative site designs. The prime objective of building spacing is the provisions of adequate light, ventilation, and privacy. Such requirements also provide for increased amenity through view protection and provide for increased access within the PUD. The conventional approach to regulation has been through height and yard requirements—staggered building heights, setbacks, side and rear yards, etc. This lot-by-lot approach is inconsistent with the concept of PUD and would preclude many innovative designs. Concepts such as zero-lot-lines, common open space, and mixtures of dwelling types do not lend themselves to the traditional lot-by-lot approach.

(a)

Building spacing general intent: The requirement for building spacing or side yards as they are often defined is based on several related factors.

(1)

Privacy: The minimum building spacing requirement is intended to provide privacy within the dwelling unit. Where windows are placed in only one of two facing walls or there are no windows, or where the builder provides adequate screening for windows, or where the windows are at such a height or location to provide adequate privacy, the building spacing may be reduced.

(2)

Light and air: The building spacing provides one method of insuring that each room has adequate light and air. Building spacing may be reduced where there are no windows or very small window areas and where rooms have adequate provisions for light and air from another direction.

(3)

Use: Areas between buildings are often used as service yards, for storage of trash, clothes lines, or other utilitarian purposes. Where this use is similar for both houses, a reduction of building space permitting effective design of a utility space shall be permitted. Kitchens and garages are suitable uses for rooms abutting such utility yards.

(4)

Building configurations: Where building configuration is irregular so that the needs expressed in (a), (b), and (c) above are met by the building configuration, reduced building spacing is permissible, as determined by average spacing or by measuring spacing where rooms open toward adjacent buildings.

908.6 Building height: There is no restriction on height, except that no building shall be erected which cannot be adequately served by existing City of Picayune fire-fighting equipment, and all building plans, more than four stories in height, shall be reviewed and certified by both the building inspector and fire chief that the structure is capable of being served by existing fire-fighting equipment and/or is adequately protected by sprinkling systems.

908.7 Building architecture: The planning commission shall review the architectural plans for each PUD project and may negotiate with the developers concerning any proposed building designs which are inconsistent with the existing buildings adjacent to the PUD.

908.8 Off-street parking and loading: Off-street parking and loading spaces shall be provided in accordance with the provisions of article VII of this ordinance.

908.9 Traffic circulation:

(a)

Both external and internal traffic circulation systems shall be reviewed for a PUD. Externally, adjacent street systems and intersections must be adequate to handle the new traffic generated by the PUD. If densities in a PUD are higher than in surrounding development, the planning commission must be careful to avoid overloading existing facilities beyond their designed capacity. Some improvements may be necessary in external street networks, especially at major points of ingress and egress, and around PUD commercial facilities.

(b)

Points of ingress and egress shall be designed to discourage through traffic on minor streets in the PUD. Internal collector streets should be coordinated with existing external systems, providing for the efficient flow of traffic into and out of the PUD.

(c)

The design of internal circulation systems must be sensitive to such points of safety, convenience, access to dwelling units and non-residential facilities, separation of vehicular and pedestrian—bicycle traffic, and general attractiveness. Internal streets must be adequate to carry anticipated traffic loads. Access for emergency vehicles must also be considered. This is especially important in PUDs since innovating site designs may not allow each dwelling unit immediate access to the vehicular traffic system.

(d)

Pedestrian and bicycle path systems are becoming more common in PUDs and are hereby encouraged. They increase the total amenity and provide alternative modes of internal circulation. They are also very adaptable to open space networks. The most important design consideration for pedestrian and bicycle paths is segregation from vehicular traffic, especially at intersections. Street crossings should be held to a minimum and be in the center of a block or utilize underpasses where feasible.

908.10 Public and private streets:

(a)

All streets shall be constructed according to city requirements as specified in the land subdivision ordinance and other ordinances, regulations and policies of the City of Picayune.

(b)

Private streets may be permitted, however, there must be some advantage to the future property owners of the PUD, shown by the developer, in order to achieve city approval of private streets.

(c)

Standards of design and construction for streets, both public and private, within a PUD-R district may be modified as is deemed appropriate by the planning commission. Right-of-way width and street roadway widths may be reduced as deemed appropriate, especially where it is found that the plan for the PUD-R provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities.

(d)

If the owners in the future should request that the private streets be changed to public streets, the owners shall agree that, before acceptance of such streets by the City of Picayune the owners will bear full expense of reconstruction or any other action necessary to make the streets fully conform to the requirements applicable at that time for public streets, prior to dedication and acceptance. Finally, the owners also agree that these streets shall be dedicated to public use without compensation to the owners and without the owner's expenses being reimbursed in making such streets conform to the requirements applicable at that time for public streets.

908.11 Perimeter requirements:

(a)

The planning commission shall review and analyze the potential aesthetic, environmental, and economic consequences of the interface of the PUD project with the existing or proposed surrounding areas.

(b)

It is the intent of this subsection to provide maximum flexibility to the developer and the planning commission in regard to the provision of any appropriate perimeter safeguards.

(c)

Section 308 of this ordinance may be used, or other tailormade solutions may be designed to accommodate particular problems.

908.12 Nonresidential development:

(a)

PUD-R district

(1)

Nonresidential development (both commercial and noncommercial) may be permitted in the PUD-R project (see section 908.1). Nonresidential development within the PUD-R district shall be primarily designed to serve the PUD-R project.

(2)

When nonresidential uses are proposed, the developer shall furnish the planning commission a copy of a market analysis for the said nonresidential uses. If the market analysis shows that the market area for the proposed nonresidential development is larger than the PUD-R project, the developer and planning commission shall determine the relationship between the residential area and the nonresidential area.

(b)

PUD-C district: If it is determined from subsection (a) above that a commercial area is appropriate, it shall be established as a PUD-C district—separate from the PUD-R district, but closely coordinated and designed together.

908.13 Landscaping and environmental design:

(a)

The developer is hereby encouraged to design any sizable PUD-R project utilizing an environmental design method as commonly used by land planners and landscape architects.

(b)

A natural drainage and grading plan shall be submitted for preliminary development plan review. The developer's grading plan should confine excavation, earth-moving procedures, and other changes to the landscape and natural drainage system in order to insure preservation and prevent despoliation of the character of the area to be retained as common open space, in particular, but also of the larger project area as well.

(c)

The landscape plan and grading plan should also provide for the preservation of trees, groves, waterways, scenic points, historic spots, and other community assets and landmarks.