4-10.1

Applicability. A planned unit development is an area of land under unified ownership or control to be developed and improved as a whole under a unified development plan in accordance with the requirements of this Ordinance.

4-10.2

Minimum size and uses allowed.

(A)

Planned unit development. Residential (PD-R).

1)

Minimum size. No PD-R district shall be approved for a site of less than 25 contiguous acres under unified ownership or control.

2)

Uses allowed. The uses allowed in a PD-R district are those allowed in any residential district, the neighborhood business district (NB) and the limited office (LO) district.

(B)

Planned unit development. Mixed (PD-M).

1)

Minimum size. No PD-M district shall be approved for a site of less than 25 contiguous acres under unified ownership or control.

2)

Uses allowed. The uses allowed in a PD-M district are those allowed in any zoning district created by this Ordinance except those uses which must, under the terms of this Ordinance, be placed in a heavy industrial (HI) or agricultural (AG) district.

4-10.3

Relationship to other applicable regulations. A planned unit development shall be subject to all of the applicable standards, procedures, and regulations of this Ordinance except as varied or changed by the express terms of this section.

4-10.4

Development standards.

(A)

Dimensional requirements. The dimensional requirements of this Ordinance are waived except that:

1)

No structure of any type which is in excess of 35 feet in height shall be erected within 50 feet of a single family zoning district or single-family portion of a planned unit development; and

2)

Lots planned for single family detached dwelling use shall each contain an area equal to or greater than the minimum area allowed in the RS-5 zoning district or shall have convenient access to nearby open space.

(B)

Access.

1)

Areas between structures shall be covered by easements where necessary to preserve access and to provide for maintenance and utility service; and

2)

Primary vehicular access to commercial or industrial development shall not be through intervening residential development.

(C)

Commercial areas.

1)

Commercial areas within planned unit developments shall be arranged to:

a)

Separate pedestrian and vehicular traffic such that pedestrians can safely walk between stores within a development and from parking areas to stores; and

b)

Promote pedestrian access from adjacent residential and office areas into commercial areas.

2)

Commercial uses in a PD-R district shall be located on and shall face an internal street of the development;

3)

No more than ten percent of the total land area in a PD-R district may be occupied by or used for commercial purposes; and

4)

Commercial uses in a PD-R district are permitted if they are designed and located to serve primarily the residents of the planned unit development.

(D)

Local street design. Local streets within a planned unit development shall be located and designed so that they do not provide for through access by traffic with origins and destinations outside of the development.

(E)

Boundary treatment.

1)

The scale and setbacks of planned unit development improvements within 150 feet of the perimeter of the planned unit development shall be in harmony with development on adjacent lands; and

2)

No commercial or industrial use shall be permitted within 150 feet of the perimeter of a planned unit development unless the same or a similar use exists adjacent to the perimeter at the time of the approval of the planned unit development.

(F)

Signs.

1)

The size, height, setback, location, design, illumination and number of signs shall be specified in the unified development plan.

2)

All signs shall use a coordinated color, style and lettering scheme.

(G)

Parking. Off-street parking for each use in a planned unit development shall be provided in accordance with the standards set forth in this Ordinance for the same use or uses of similar intensity. The town council may reduce the parking spaces if the unified development plan provides convenient pedestrian and/or bicycle access among uses.

(H)

Environmentally sensitive areas. The following shall be left natural and undisturbed except for road crossings, utilities and erosion control devices:

1)

Land within a floodway or floodway fringe; and

2)

Wetlands, steep slopes and other critical ecological areas.

(I)

Open space and common recreational facilities.

1)

In a planned unit development district, open space is only that land dedicated to the public or designated by the development plan for the use, benefit, and enjoyment of all residents of the planned unit development. Open space may be common area owned by an owner's association or parkland or drainageway and open space dedicated to the public.

2)

To qualify as open space, land shall be useable for recreation purposes or provide visual, aesthetic or environmental amenities, and may not be occupied by street rights-of-way, drives, parking areas or structures other than recreational structures.

3)

Land within a floodway or floodway fringe zone may be used to provide not more than 50 percent of the open space required in a planned unit development.

4)

All property owners in the planned unit development shall have access to the open space by means of a public or private street right-of-way or all-weather walkway in an easement a minimum of 20 feet in width.

5)

The following amount of open space is required:

a)

Two and one-half acres per 100 dwelling units; and

b)

Ten percent of the gross land area for commercial and industrial uses.

6)

Open space requirements may be reduced depending upon the nature and extent of active recreation facilities provided.

7)

Open space shall be provided within each phase of the planned unit development in sufficient amounts to serve the expected population of that phase or the gross land area devoted to nonresidential land uses.

(J)

Utilities. Water, sewer, electrical, gas, television and telephone utilities shall be installed in accordance with section 5-13.6.

4-10.5

Procedures.

(A)

Rezoning to planned unit development.

1)

Prior to submitting an application for rezoning to PD-R or PD-M the applicant shall submit a sketch plan prepared in accordance with appendix 2 (Map standards) that includes:

a)

The general location and amount or land proposed for single family residential, multifamily residential, office, commercial, industrial, open space/recreation, and street use;

b)

The number of dwelling units or gross floor area and the acreage of each tract or area shown on the sketch plan;

c)

The maximum height of buildings and structures in each such tract or area;

d)

The location and amount of land in flood hazard areas and any other lands not suitable for development; and

e)

Proposed watershed protection measures, including their general location, if the development is within a watershed critical area or a general watershed area.

2)

The planning board and town council shall review the sketch plan for consistency with the requirements of article V (Subdivisions: Procedures and standards) and other applicable standards in this Ordinance. The planning board and town council, upon finding such consistency, shall approve the sketch plan for submission in combination with a rezoning application. If the sketch plan is not approved for submission, it shall be returned to the applicant with written reasons for disapproval and/or requests for further information. If it is not approved, the applicant may revise and resubmit the sketch plan.

3)

The rezoning application shall consist of the following materials:

a)

A rezoning application prepared in accordance with article III (Permits and procedures);

b)

The sketch plan approved by the town council;

c)

Written documents which specify:

i)

The amount of land proposed to be used for each of the following uses: single-family residential, multi-family residential, commercial, industrial, open space/recreation, or streets;

ii)

The amount of land in floodplain and any other lands not suitable for development;

iii)

The overall gross density of the development and the specific density of each tract or area shown on the sketch plat. Residential density shall be shown in dwelling units/acre; non-residential intensity shall be shown in gross floor area (GFA)/acre;

iv)

Traffic generation data which shows trips to and from the development, within the development, and through the development on proposed collector or thoroughfare-level streets; and

v)

An overall watershed protection concept plan if the development lies within a watershed critical area or a general watershed area.

4)

Once submitted as required herein, the petition for rezoning shall proceed to conclusion in accordance with article III (Permits and procedures) and other provisions of this Ordinance. Approval of the rezoning establishes the maximum density and use of each tract or area shown on the sketch plan. Any request for change in use or increase in density shall be considered a change in zoning and shall be subject to all applicable procedures.

(B)

Unified development plan approval.

1)

The applicant may submit a unified development plan any time after approval of the sketch plan by the town council. A unified development plan may be processed simultaneously with the petition for rezoning.

2)

The unified development plan shall contain the following materials:

a)

The approved sketch plan with proposed phase lines, if any;

b)

Land use, density and traffic data specified in subsection (A);

c)

Preliminary plat(s) for the first phase(s) of development including;

i)

Utilities plan in accordance with appendix 2 (Map standards);

ii)

Grading/watershed development plan in accordance with appendix 2 (Map standards); and

iii)

Landscaping plan in accordance with appendix 2 (Map standards);

d)

Common sign plan in accordance with article VI (Development standards); and

e)

Documents which specify proposed setbacks or other regulations governing building placement on the land, height restrictions, architectural controls, and other information which the planning board and town council may deem pertinent to plan approval. The applicant may use district regulations provided by this Ordinance or may propose regulations unique to his development. In no case, shall the unified development plan leave any area proposed for development unregulated.

3)

The planning board and town council shall review the unified development plan and determine if it meets all applicable provisions of this Ordinance and is consistent with the sketch plan. If the unified development plan is approved, it shall be noted on the zoning map by project name and/or file reference number. The sketch plan, common sign plan and documents specified in subsection (B)2)e) shall also be recorded in the register of deeds within 60 days of approval. After approval of a unified development plan, no building or structure may be erected or building permit issued, nor any lots sold, nor any plats recorded unless such building, structure, permit or plat substantially conforms to the unified development plan.

4)

Phased development of planned unit developments.

a)

Planned unit developments may be developed in phases provided that the following requirements are met:

i)

All phases shall be shown with precise boundaries on the unified development plan and shall be numbered in the expected order of development;

ii)

All data required for the project as a whole shall be given for each phase shown on the plan;

iii)

Development of the cumulative area of open space in all recorded phases and the total number of dwelling units approved in those phases shall comply with section 4-6;

iv)

A proportionate share of the project's open space' and common facilities shall be included in each phase of development; and

v)

The phasing shall be consistent with the traffic circulation, drainage and utilities plans for the entire planned unit development.

b)

If an approved unified development plan includes phasing provisions, then:

i)

No final plat for a phase of a planned unit development shall be approved unless all open space and common facilities included in previous phases are substantially complete; and

ii)

No final plat for a phase of a planned unit development shall be approved if there is any uncorrected violation of the unified development plan, a preliminary plat, a final plat or this article in any previous phase.

5)

Owners association documents required. After approval of a unified development plan, no final plat shall be recorded until the owners association documents prepared in accordance with section 5-9 (Owner's associations) are recorded with the register of deeds.

(Ord. of 4-9-2007(1))