The objective of the [R-PUD residential] planned unit development is to encourage ingenuity, imagination, and flexibility of design efforts on the part of builders, architects, site planners, and developers to produce land developments which are in keeping with density and open space objectives of the zoning resolution, while departing from the strict application of use, setback, height, and minimum lot size requirements of the zoning ordinance. The intent of this section [article] is to permit such flexibility and provide performance criteria for planned developments which:

A.

Permits a creative approach to the residential development.

B.

Provides for an efficient use of land potentially resulting in more economical networks of streets and utilities, thereby lowering housing and other land development costs.

C.

Enhances the appearance of neighborhoods through the preservation of natural features, the provision of recreation areas and open space.

D.

Provides an environment of stable character compatible with surrounding residential areas and other areas of the City of Sylvester.

In all R-PUD developments, no building or land, except as otherwise provided in this ordinance, shall be erected or used, except for one or more of the following specified uses:

A.

One[-family], two[-family], and multifamily dwelling units, including townhouse dwellings.

B.

Mobile home parks.

C.

Recreational facilities.

D.

Churches, and community clubs.

E.

Schools.

F.

Other governmental functions.

A.

Location. The planned unit development shall have access to streets outside the development that can adequately serve the traffic needs of the development. The planned unit development shall also be adequately served by water and sewerage systems.

B.

Minimum size. The minimum size of a planned unit development shall be three acres.

C.

Density. For the purpose of this ordinance, overall residential density for a planned unit development shall not exceed:

One-family dwelling unit: One unit per 5,000 square feet of land.

Multifamily unit: One unit per 2,500 square feet of land.

A.

As a prerequisite for approval of a R-PUD residential planned unit development, a minimum of 20 percent, excluding rights-of-way, easements or paved areas, of the gross residential acres, plus one acre for each 100 residential units shall be allocated to local open space for the use of the residents of the planned unit development. Each two square feet of existing and/or natural water surface, periodically flooded (based upon the 100-year flood contour elevation), or inundated land may be credited as one square foot of land area for required open area. Land below the 100-year flood elevation can only be substituted for one-half of the required open space or common areas.

B.

Common open space must be used for amenity or recreation purposes and must be suitably improved for its intended use. Common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures, and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. Open space shall not be interpreted to include rights-of-way, easements, paved areas, and pending area of service areas.

C.

The development schedule must coordinate the improvement of the common open space, the construction of the buildings, structures and improvements in the common open space, and the construction of residential dwellings in the planned unit development.

D.

The common open space shall be situated such that it will best serve the residents and be totally integrated within the various land uses of the planned unit development.

A.

Private vehicular access drives not maintained by the city throughout the planned unit development site shall be paved to a minimum width of 20 feet.

A.

The maximum building height in all residential PUDs shall be 50 feet.

A.

The minimum distance between the buildings in any category of a PUD district shall be 16 feet.

B.

Multifamily and townhouse structures shall be separated from one another by the following minimum distances:

A.

[Off-street parking and loading in the R-PUD] shall meet all off-street parking and loading requirements of the zoning ordinance.

A.

The pedestrian circulation system and its related walkways shall be separated as completely as possible from the street or vehicular circulation system. All walks shall be of a permanent nature and material, and shall be of sufficient width to carry two people walking abreast.

A.

The minimum setback from the exterior boundaries of the planned unit development site shall be 20 feet or an appropriate setback to be compatible with the adjacent properties and buffered as needed and related to adjacent land development.

B.

Buildings in excess of 50 feet in height shall be located within the planned unit development in such a way as not to invade the privacy of the occupants of buildings of lesser height both on[-site] and off-site.

C.

Privacy walls and screening shall be provided where deemed necessary by the planning and zoning commission for any type of planned unit development.

There shall be unified control of the entire site. Prior to final approval of the development plan, evidence of unified control of the entire site must be submitted to the planning and zoning commission, in addition [to] an agreement by all owners of the planned unit development which includes their commitment to:

A.

Proceed with the proposed development in accordance with the planned unit development plans as submitted, and such conditions and safeguards as may be set by the city council granting the rezoning; and

B.

Provide agreements, and deed restrictions, acceptable to the city, for completion of such development according to plans approved at the time of rezoning and for the maintenance of such areas, functions, and facilities as are not to be provided, operated or maintained by the city, pursuant to written agreement; and

C.

To [sic] notify and bind their successors in title to any commitments made in their petitions of PUD approval.

D.

All plans approved shall be reviewed as a form of commitment to execute and development precisely as and only as submitted to and ultimately accepted and approved by the city council. No variations, changes, departures or exceptions to the approved plan shall be permitted except through the formal zoning amendment process.

E.

After PUD zoning has been given formal approval, no use shall be made of a PUD site, except that which has been approved as a result of the application or the continuation of uses that existed at the time of application.

The phasing of residential construction in any one residential density district shall not exceed the overall density requirement of the planned unit development as a whole.

A petition for rezoning land to a planned unit development, either residential or commercial PUD district, shall be submitted to the zoning administrator the same as any rezoning request.

A.

[Written statement.] A written statement to accompany the rezoning petition must contain the following information:

1.

An explanation of the character of the planned unit development and the manner in which it has been planned to take advantage of the planned unit regulations.

2.

A statement of present ownership of all of the land included within the development.

3.

A general indication of the expected schedule of development.

4.

An official legal description of the total area within the planned unit development.

5.

A statement acknowledging that all improvements to real and/or personal property required by the zoning ordinance, including but not limited to electrical and gas utilities, streetlights, water, storm water drainage and sewerage, shall be undertaken at the expense of the petitioner or owner.

B.

Preliminary development plan. An applicant shall submit a preliminary development plan along with the written statement at the time of submission of the rezoning request. The preliminary development plan must include all of the following information:

1.

A preliminary site plan, at an appropriate scale, depicting all existing masses of trees and other natural features, including the topography of the land. A preliminary solution of all storm drainage needs shall be included.

2.

The preliminary location and grouping of all uses and the amount of area for each, plus preliminary utility service plans.

3.

The tentative location of each residential density district, the number of residential units proposed for each density district, their general location, proposed lot designs, and district lines. Tentative floor plans and exterior elevations, which need not be the result of final architectural decisions, but which shall adequately describe the development.

4.

A preliminary vehicular and pedestrian circulation system, including driveways, walkways, loading areas, parking areas, including the number of parking spaces, and streets to be dedicated.

5.

A system of open space and recreational uses in residential projects, with estimates of acreage to be dedicated for public use and that to be retained in common ownership.

6.

A draft of the declaration by which the use, maintenance, and continued protection of the planned development and any of its common open space areas shall be submitted.

7.

A development schedule indicating:

(1)

The approximate date when construction of the project can be expected to begin;

(2)

The states [stages] in which the project will be built and the approximate date when construction of each stage can be expected to begin;

(3)

The anticipated rate of development;

(4)

The approximate dates when the states [stages] in the development will be completed; and

(5)

The area and location of common open space that will be provided at each stage.

C.

[Planning commission action.] The planning commission shall, after review by the appropriate city departments, hold a public hearing, review the preliminary development plan and forward their recommendation to the city council for final approval of the preliminary development plan. The planning commission's recommendations shall be based on the following:

1.

The proposed planned unit development does not affect adversely the orderly development of the City of Sylvester as embodied in the zoning resolution and in any comprehensive plan, or portion thereof, adopted by the mayor and council.

2.

The proposed planned unit development will not affect adversely the health, safety and welfare of residents or workers in the area and will not be detrimental to the natural environment or to the use or development of adjacent properties or the general neighborhood.

3.

The proposed planned unit development will accomplish the objectives and will meet the standards and performance criteria as outlined in this ordinance.

D.

Final development plan. Following the approval of the preliminary development plan by the commission, the applicant shall, within six months, submit to the planning commission a final development plan containing in final form the information required in the preliminary plan. Upon receipt of a request by the applicant, the city council may extend for six months the period for filing the final development plan.

Upon receipt of the final development plan, the planning commission shall, after review by the appropriate city departments, review the final development plan to see that it is in compliance with the preliminary development plan and forward their recommendation to the city council for final approval. The planning commission may recommend changes in the final development plan which comply with the following criteria:

1.

The revised plan contains the same or a fewer number of dwelling units or other structures and/or floor area; or

2.

The open space is in the same general location and in the same general amount, or a greater amount; or

3.

The buildings have the same or less number of stories and/or floor area; or

4.

The roads and drives follow approximately the same course.

E.

Final approval. The PUD zoning shall not be effective until the final development plan has been reviewed by the planning commission and given formal approval by the city council. No building permit shall be issued until the approval process is complete and all necessary plans, drawings, specifications and other required data have been submitted and approved. No construction may commence until the entire approval process is completed and appropriate permits issued.

( Ord. No. 2020-03 , 8-17-2020)