The purpose and intent of planned unit developments are to provide for certain exceptions to the use and bulk regulations of this code, where such exceptions will be utilized to provide greater flexibility and originality in the design of projects than might otherwise be possible under conventional zoning. A planned unit development is intended to permit and encourage such flexibility and to accomplish the following goals:

(A)

To stimulate unique and creative approaches to the development of land;

(B)

To provide for the more efficient use of land;

(C)

To promote flexibility in design and permit planned diversification in the location of structures;

(D)

To promote an efficient use of land to facilitate sustainability in the arrangement of buildings, circulation systems, utilities, open space and natural resources;

(E)

To preserve existing natural resources and landscape features and to utilize them in a manner harmonious with the development;

(F)

To provide for more usable and suitably located recreation facilities and other public facilities than would otherwise be provided under conventional development;

(G)

To provide for the aesthetic and functional harmony of various types of buildings, land uses, and landscape elements;

(H)

To develop new approaches to the living environment through variety in type, design and layout of residential structures, commercial and industrial buildings, transportation systems and public facilities;

(I)

To allow for the development of properties with unique constraints such as environmentally-sensitive areas or infill parcels which require a more flexible approach to land use control to make possible development that is sensitive to such constraints.

(Ord. 1324, passed 1-4-00)

A planned unit development shall be granted as a conditional use. Even though specified as a conditional use, a planned unit development is substantially different from other conditional uses. To reflect this difference, additional regulations and standards are hereby established. The planned unit development shall conform to the intent, purpose and character of the zoning district in which it is located.

(Ord. 1324, passed 1-4-00)

(A)

Residential PUDs are permitted under the provisions of this article in the residential districts and may include any uses permitted by right, conditional uses, or accessory uses in the underlying residential district.

(B)

Commercial PUDs are permitted under the provisions of this article in the business districts and may include any uses permitted by right, conditional permitted uses, or accessory uses as provided in the underlying business district.

(C)

Industrial PUDs are permitted under the provisions of this article in the industrial districts and may include any uses permitted by right, conditional permitted uses, or accessory uses as provided in the underlying industrial district.

(D)

Mixed-use PUDS are permitted under the provisions of this article, provided that the underlying district boundaries conform with the uses being proposed.

The uses included in any proposed PUD are subject to the review and approval procedures specified herein, and shall not be deemed to be permitted by right.

(Ord. 1324, passed 1-4-00)

No development shall be filed as a planned unit development unless it:

(A)

Is at least one acre in size, and

(B)

Is initially under the same ownership or control.

(Ord. 1324, passed 1-4-00)

A planned unit development shall be granted as a conditional permitted use to the zoning district(s) in which it is located: The process for a planned unit development shall be as follows:

(A)

Pre-application.

(1)

Prior to filing a formal application, the applicant thereof should meet with the zoning, planning and engineering staff of the city to discuss the proposed development. The applicant should be able to provide a concept of the PUD at this time. Staff will advise the applicant at this time of all applicable officially adopted policies, standards, regulations and procedures.

(2)

A concept review before the planning and zoning commission may be directed at the discretion of city staff or upon the request of the applicant. A concept review provides the commission an opportunity to determine what additional information will be necessary concerning the application.

(B)

Preliminary plat of planned unit development. Procedure for the submission of the preliminary plat for a planned unit development shall be identical to the preliminary plat procedure described in Chapter 152 of this code except that it shall be accompanied by an application for a conditional permitted use for a planned unit development in accordance with the procedures for conditional permitted uses established in Section 150.18 of this chapter.

(C)

Conditional use for planned unit development. Concurrent with the application for preliminary plat for a planned unit development, the applicant shall submit an application for a conditional use for a planned unit development. The conditional use permit shall be approved contingent upon final PUD approval.

(D)

Final plat of planned unit development. Procedure for submission of the final plat of planned unit development shall be identical to the final plat procedure described in Chapter 152 of this code.

(Ord. 1324, passed 1-4-00)

(A)

Pre-application. The following items need to be provided by the applicant for a pre-application conference review to occur:

(1)

General site information. Data regarding site conditions, land characteristics, available community facilities and utilities, and other related information;

(2)

Concept plan. A drawing in simple sketch form showing the proposed location, land uses, streets, buildings, and other related information.

(B)

Preliminary plat of planned unit development. In addition to the requirements for preliminary plat set forth in Chapter 152 of this code, the following items and information are required for the submission of a planned unit development:

(1)

Statement of objectives. A statement of the objectives to be achieved by the PUD. This statement should provide the rationale behind the assumptions and choices of the developer/applicant. This statement should explain the benefits to the city that will result from the PUD;

(2)

Statement of character. Explanation of the character of the PUD and the manner in which it has been planned to take advantage of the flexibility of these regulations;

(3)

List of variances. A list of the variances from the zoning and subdivision ordinances that are being employed in the proposed PUD;

(4)

Design schedule. A list of the area, lot width, yard, setback and bulk requirements applicable to the PUD;

(5)

Preliminary landscape plan. A landscape plan showing all landscape improvements (both plantings and hardscape) being proposed in the PUD. Details should be provided for landscape design elements intended for screening or buffering as well as for any unique landscape design features such as entry features, parks, etc.;

In addition, the planning and zoning commission or city council may request at any time during the review process that the applicant provide any of the following additional items:

(6)

Architectural plans. If directed by the planning and zoning commission, the applicant shall submit preliminary architectural plans for all primary buildings. The plans shall be submitted in sufficient detail to allow an understanding of the style of the development except for single-family detached structures proposed to be constructed on lots in compliance with all applicable zoning district requirements;

(7)

School impact analysis. Provide information on the student count to be generated by the PUD and the financial impact on the local school districts;

(8)

Tax impact analysis. Provide information on the taxes to be generated by the proposed project and the cost for the various taxing bodies to provide the necessary services;

(9)

Traffic analysis. Provide information on the traffic to be generated by the PUD and the adequacy of the local transportation and thoroughfare to handle the anticipated volumes. Also an analysis may be necessary of the internal streets, drives, parking, sidewalks and pathways;

(10)

Covenants and restrictions. Provide any proposed covenants and restrictions, agreements or provisions that will govern the use, maintenance, and continued protection of the PUD.

(C)

Final plat of planned unit development. In addition to the requirements for final plat set forth in Chapter 152 of this code, the following items and information are required for the submission of a final plat of planned unit development:

(1)

Final landscape plans and landscape details;

(2)

Covenants and restrictions. Provide the final covenants and restrictions, agreements or provisions that will govern the use, maintenance, and continued protection of the PUD.

(Ord. 1324, passed 1-4-00)

A planned unit development shall be constructed in complete accordance with the approved preliminary and final plat of planned unit development and all supporting data. Major changes to an approved preliminary or final plat of planned unit development require the resubmission and reconsideration of the planned unit development according to the process set forth herein for preliminary and final plat approval. With the aid of the following criteria, the zoning officer shall be responsible for determining whether a change is classified as major or minor. Minor changes shall, at the direction of the zoning officer, be brought before the planning and zoning commission for final action but shall not require a new public hearing.

(A)

Criteria for major change. A major change is one that alters the concept or intent of the planned unit development. This includes but is not limited to:

(1)

For a residential PUD.

(a)

Any change in the location, size or type of dwelling units or land uses;

(b)

Any increase in the number of dwelling units from that in the approved preliminary plat;

(c)

Any change, greater than 10%, in the height of any building or structure in the PUD other than single-family detached dwelling units;

(d)

Any change in the functional classification of a roadway;

(e)

Any reduction in the acreage of open space.

(2)

For a nonresidential PUD or nonresidential portion of a PUD.

(a)

Any change in the location or type of land use;

(b)

Any change in the type, number or location of a building;

(c)

Greater than 10% increase in the height of a building;

(d)

Any change in the functional classification of a roadway;

(e)

Any reduction in the acreage of open space;

(f)

A greater than 10% increase in the gross floor area of a nonresidential building;

(g)

A greater than 10% increase in the total gross floor area of all the nonresidential buildings in the PUD;

(h)

Any reduction in the total number of parking spaces for the project.

(B)

Criteria for minor change. Minor changes are changes not defined as major changes and which do not alter the concept or intent of a PUD.

(Ord. 1324, passed 1-4-00)

(A)

To further creativity and excellence in design, the following incentives are offered in planned unit developments:

(1)

Varied zoning requirements. Bulk requirements of the underlying zoning district(s) may be varied provided that it can be demonstrated that the variations conform to all of the review criteria contained herein as well as those established for conditional uses and those established for subdivision plats.

(2)

Varied subdivision requirements. Dimensional and design standards for subdivisions and subdivision improvements such as streets, blocks, sidewalks, and parkways may vary from city standards established or referenced in the city subdivision regulations provided that it can be demonstrated that the variations conform to all of the review criteria contained herein as well as those established for conditional uses and those established for subdivision plats. Required subdivision improvements may not vary from the required construction improvement specifications.

(3)

Mixed uses. A PUD may include a variety of land uses designed and planned as part of a unified development provided that the underlying zoning conforms to the uses being proposed.

(4)

On-site density transfer. The density permitted in a given portion of a total site may be transferred to another portion of site in order to preserve environmentally sensitive areas or to achieve excellence in design provided that the gross density does not exceed the maximum allowed herein for the underlying zoning district.

(5)

Density bonuses. Design excellence in the provision of site amenities such as exceptional landscaping, recreational facilities, preservation of architectural and historic sites, and the preservation of environmentally sensitive areas may allow the granting of an increase in density of up to 10%.

(B)

Flexibility to suspend requirements imposed by the city's zoning and subdivision regulations is not conferred upon the PUD applicant as a matter of right but in all cases subject to the finding by the city that the objectives of these provisions are being served by the PUD and that all applicable review standards are being adhered to. Variations in a PUD from normally applicable standards shall not be considered as variances as defined in this chapter and shall not be required to conform to the approval criteria herein provided for variances.

(Ord. 1324, passed 1-4-00)

(A)

Maximum density.

(1)

Residential PUD. The gross maximum density of a residential PUD shall not exceed the following standard for the district in which it is situated:

(2)

Nonresidential PUD. As required in the underlying zoning district.

(B)

Spacing.

(1)

The minimum distance between single-family detached dwellings shall be 10 feet.

(2)

The minimum distance between buildings other than single-family detached dwellings, less than 24 feet in height shall be 15 feet.

(3)

The minimum distance between buildings greater than 24 feet in height shall be equal to the height of the taller building.

(C)

Yards. The required yards along the periphery of the PUD shall be at least equal to that of the underlying zoning district.

(Ord. 1324, passed 1-4-00)

The planning and zoning commission's review of the preliminary and final PUD applications shall be based on the following criteria:

(A)

The PUD shall not in any way be deemed to be detrimental to the public health, safety, or general welfare.

(B)

The plan of the area proposed for the PUD shall be in general conformance with the adopted comprehensive plan of the city.

(C)

The use or uses within the PUD shall be compatible with surrounding land uses and will not be injurious to the use and enjoyment of other properties in its vicinity.

(D)

Ingress and egress to the PUD shall be provided in a manner to facilitate access by emergency vehicles and efficient and safe traffic circulation in the vicinity, and be consistent with any officially adopted plans of the city. Sidewalks, pedestrian ways, bicycle paths and off-street parking and loading are provided in a location and capacity appropriate to the planned uses.

(E)

The quality or quantity of common open spaces and landscaping provided are consistent with the higher standards of amenity and design required of a PUD.

(F)

Adequate provision has been made in the form of deed restrictions, homeowners or condominium associations, or the like for the preservation and maintenance of any open spaces, private roads or drives, utilities, and stormwater management facilities as well as for the control of architecture review for individual structures if necessary to implement the PUD.

(G)

Adequate and safe location of play areas for children as well as other recreational areas.

(H)

Buildings shall be located so as to insure adequate light and air.

(I)

The PUD shall be of a superior design than would otherwise be permitted by the strict adherence to otherwise applicable regulations and exceeding that which is typical of conventional development.

(J)

The PUD meets the minimum requirements set forth in this chapter as well as the provisions of all other sections of this ordinance as well as the city's subdivision ordinance unless specifically excluded by this chapter or waived by the city council.

(K)

All construction shall conform to the requirements of the City of Wilmington Municipal Code.

(Ord. 1324, passed 1-4-00)