This district is intended to provide optional methods of land development which encourage more imaginative solutions to environmental and design problems. Residential areas thus established would be characterized by a unified building and site development program and open space for recreational facilities which are integrated with the total project by unifying architectural and open space treatment. Planned development is intended to permit diversification in the location of structures and improve circulation facilities and other site qualities while insuring adequate standards relating to public health, safety, welfare and morals, both in the use and occupancy of buildings and facilities and planned groups.

Planned development, as a special exception use, shall be subject to the approval of the city commission after a review and report by the planning and zoning board and after a public hearing is held by the city commission in accordance with article XXII of this ordinance. The review by the planning and zoning board shall be to make findings pursuant to this article and other applicable sections of this ordinance and to make recommendations thereon.

1.

Application. An application for approval of a plan for planned development shall be filed by or on behalf of the land owner with the building official. The following information shall be submitted with the application:

a.

The location and size of the site and the nature of the land-owner's interest in the land proposed to be developed;

b.

The location and size of any common open space and the form of organization proposed to own and maintain any common open space;

c.

The use and the approximate height, bulk and location of buildings and other structures;

d.

The feasibility of proposals for the disposition of sanitary waste and storm water;

e.

The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities;

f.

The provisions for parking of vehicles and the location and width of proposed streets for public ways;

g.

The required modifications in the zoning regulations otherwise applicable to the subject property; and

h.

In the case of plans which call for development over a period of years, a schedule showing the proposed times within which building permits for all sections of the planned development are intended to be filed.

2.

Statement of purpose. The application for approval of a planned development shall include a written statement by the land owner or any other entity having a cognizable interest in the land, setting forth the reasons why, in his opinion, a planned development would be in the public interest and would be consistent with the city's statement of purposes on planned development.

3.

Conclusions. The city commission shall, within sixty (60) days following the conclusion of the public hearing make a determination by written resolution. The city commission's written resolution may:

a.

Grant approval of the plan as submitted. As part of its resolution, the city commission shall specify the drawings, specifications and form of performance bond that should accompany the application for a building permit; or

b.

Grant approval of the plan subject to specified conditions not included in the plan as submitted. If conditional approval is granted, the land owner shall, within forty-five (45) days notify the city commission of his acceptance or rejection of the conditions. In the event the land owner refuses to accept the conditions the city commission shall be deemed to have denied approval of the plan. A resolution of conditional approval shall also specify the drawings, specifications and form of performance bond that shall accompany the application for a building permit; or

c.

Deny approval of the plan.

Modification. Nothing contained herein shall prevent the city commission and the land owner from mutually agreeing to a change in such conditions, and the city commission may at the request of the land owner, extend the time during which the land owner shall notify the city commission of his acceptance or refusal to accept the conditions.

4.

Finding of fact. The grant or denial of approval by written resolution shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions or for the denial, and said resolution shall set forth with particularity in what respects the plans would or would not be in the public interest including but not limited to findings of fact and conclusions on the following:

a.

In what respects the plan is or is not consistent with the statement of objectives of a planned development;

b.

The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to bulk and use, and the reasons why such departures are not deemed to be in the public interest;

c.

The purpose, location and amount of the common open space in the planned development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of development;

d.

The physical design of the plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment;

e.

The relationship, beneficial or adverse, of the proposed planned development to the neighborhood in which it is proposed to be established; and

f.

In the case of a plan which proposed development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents and owners of the planned development in the integrity of the plan.

5.

Time. The city commission shall set forth in the written resolution the time within which a building permit must be applied for or, in the case of a plan which provides for stages over a period of years the time within which applications for building permits on each part shall be filed. In the event that building permits are not filed within the required times the approval shall terminate and be deemed null and void unless such time period is extended by the city upon written request of the land owner.

1.

Minimum area. A planned development shall include not less than ten (10) acres of contiguous land.

2.

Common areas. All planned developments shall contain commonly owned land equal to twenty (20) percent of the entire development in area. In consideration of the purposes served by a planned development, the title to such common areas shall be preserved to the perpetual benefit of the private property in the development and shall be restricted against private ownership for any other purpose. If the land owner or non-profit corporation desires, improvements may be made within the common areas provided the maximum coverage to such improvements shall not exceed twenty-five (25) percent of the entire common property. The developer shall submit, and after approval by the city commission, record a declaration of the covenants and restrictions that will govern the ownership, management and maintenance of the common areas.

3.

Variations. A planned development under this section may vary the lot sizes and setbacks as set forth in articles _____, _____, _____, and _____ of this ordinance, but the overall density of a planned development may not exceed that which would otherwise be permitted by the applicable provisions of this ordinance.

Editor's note— The blanks contained in paragraph 3 above were contained in the original ordinance.

The city commission shall approve the planned development only if it finds that the planned development satisfies all of the following standards:

1.

General standards.

a.

The planned development shall be consistent with the regulations governing planned developments set forth within section 11.4 of this article.

b.

The planned development shall provide for an effective and unified treatment of the development possibilities on the project site making appropriate provision or the preservation of scenic features and amenities of the site and surrounding areas. The planned development shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.

c.

The planned development shall satisfy the criteria for special exception uses as set forth in article XXI, section 21.6 of this ordinance.

2.

Design standards.

a.

All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent use and blocks.

b.

Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development.

c.

Treatment of the sides and rear of all buildings within the planned development group shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.

d.

The design of buildings and the parking facilities shall take advantage of the natural feature, topography of the project site, where appropriate.

e.

All building walls shall be so oriented as to insure adequate light and air exposures to the room within.

f.

All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

g.

All buildings shall be arranged so as to be accessible to emergency vehicles.

3.

Landscape design standards.

a.

Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.

b.

Primary landscape treatment shall consist of shrubs, ground cover, and street trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to local growing conditions.

c.

Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.

d.

All streets bordering the project area shall be planted at appropriate intervals with street trees.

4.

Circulation system design standards.

a.

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.

b.

Roads, pedestrian walks and open space shall be designed as integral parts of an overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped.

c.

Buildings and vehicular circulation open space shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

d.

Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

e.

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance easily maintained, and indicative of their function.

5.

Parking and loading design standards.

a.

Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars.

b.

Pedestrian connections between areas and buildings shall be via special pedestrian walkways and/or elevators.

c.

Parking facilities shall be designed with careful regard to orderly arrangement, landscaping, ease of access, and shall be developed as an integral part of an overall site design.

d.

Any above-grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.

e.

Parking and loading facilities shall comply with article XVIII of this ordinance.