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2005S40-AMENDING ARTICLE VII ORDINANCE NO. 0.5 - 5 - <10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 BY AMENDING ARTICLE VII (SPECIAL DISTRICTS), ADDING SECTION 7 (PLANNED UNIT DEVELOPMENT). PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Ordinance No. 96-S-28 of the City of Schertz, Texas is hereby amended, adding Section 7 (Planned Unit Development) to Article VII (Special Districts), in the form attached hereto as Exhibit A. SECTION II THAT this Ordinance shall be effective from and after its final passage and any publication required by the City of Schertz. SECTION III THAT all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Approved on first reading the 2nd day of August, 2005. PASSED, APPROVED AND ADOPTED the 16th day of Mayor, City of Schertz, Texas ATTEST: (SEAL OF THE CITY) 20139294.1 ARTICLE VII, SECTION 7: PLANNED UNIT DEVELOPMENT """""___._"__________"_.______,",____. _______..____...__.._________.__..__...._...______. .........om....._'_.____............,,__.."",..... _.._ ._.m___,...__"........... . ......__.__.._......... SUB-SECTION 7.1 PURPOSE AND INTENT SUB-SECTION 7.2 DEFINITIONS FOR THE PURPOSES OF THIS SECTION SUB-SECTION 7.3 REZONING AND MINIMUM SITE AREA SUB-SECTION 7.4 ApPLICATION REQUIREMENTS SUB-SECTION 7.5 PERMITTED USES SUB-SECTION 7.6 OPEN SPACE REQUIREMENTS AND ARCHITECTURAL CONTROLS SUB-SECTION 7.7 ApPROVAL OF PLAN AND STANDARDS SUB-SECTION 7.8 RESIDENTIAL DEVELOPMENT STANDARDS SUB-SECTION 7.9 COMMERCIAL DEVELOPMENT STANDARDS SUB-SECTION 7.10 INDUSTRIAL DEVELOPMENT STANDARDS SUB-SECTION 7.11 MODIFICATION OF MASTER DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS SUB-SECTION 7.1 PURPOSE AND INTENT The purpose and intent of the Planned Unit Development ("PUD") is to provide design flexibility, thereby enabling the applicant to capitalize on a site's desirable features in ways that would be prohibited under the otherwise applicable standard zoning. Under the PUD approach, land may be developed in ways that would not be possible under a strict application of standard zoning and subdivision regulations, while providing for quality controls. It is intended to reduce the cost of infrastructure necessary to serve the new development while better promoting land use efficiency and environmental protection. A PUD will promote excellence in design, site arrangements cognizant of the natural environment and integration of uses and structures, and will protect the integrity of surrounding environment and development. A. The rezoning of property to the PUD classification may be deemed appropriate if the development proposed for the PUD can accomplish four or more of the following goals: (a) Provides an orderly and creative arrangement of land uses that are harmonious and beneficial to the community and the natural environment; (b) Provides a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to Page 1 of 31 achieve variety and integration of economic and redevelopment opportunities; (c) Provides flexibility in land uses, development density, and in other matters typically regulated in zoning districts; (d) Provides cultural, civic, educational, medical, ecumenical, or recreational facilities, or any combination thereof, in a planned or a unique setting and design; (e) Provides redevelopment of areas where depreciation of any type has occurred or where historic structures or landmarks exist; (f) Provides revitalization of designated areas; (g) Provides area-sensitive site planning and design by preserving native trees and topographic features of the land; (h) Promotes or allows development to occur in accordance with a uniform set of PUD development standards which reflect specific circumstances of the site and its related design standards; (i) Avoids premature or inappropriate development that would result in incompatible uses or would create traffic and public service demands that exceed the capacity of existing or planned facilities; OJ Contributes to health, safety and general welfare of the community and provides development compatible with the City's goals and objectives as stated within the Unified Development Code and Comprehensive Land Plan; (k) Includes building and development which meet at least fifty percent (50%) of the U.S. Green Building Council (USGBC) 1 LEED standards for certification and/or the National Institute of Building Science's "Whole Building Design Guidelines.,,2 Examples of these principles and techniques may include: (1) Sustainable development principles; (2) Operable insulated windows and deepened roof overhangs, breezeways, and/or access to natural light and fresh air through building orientation; 1 U.S. Green Building Council, ht!;p://www.usabc.ora/ 2 National Institute of Building Science's "Whole Building Design Guidelines", http://www.wbda oral .-.'"-------...---...---------.-."-.--,-,-.-..-------..........--------.-.------.....----.....-----......----,--'".--..------------------.....---.."---.-,-,.."....--.,."...."..--.........-."..-----,.------------..." Page 2 of 31 (3) Use of technologies and building materials that reduce the use of fossil fuels for energy consumption and techniques that reduce global warming; (4) Rainwater capture and infiltration systems and bio-swales around and within parking lots and development areas; (5) Permeable pavement materials; (6) Air filtration systems; and (7) Energy efficient products such as air conditioners, water heaters and lighting. B. Relationship to other ordinances and criteria: The PUD is a Special District contained within the UDC. The PUD shall comply with all applicable Overlay or Special District, Parking and Loading, Landscape, Procedures and Administration, Use Regulations, Subdivision, Engineering Criteria, and other related City Code of Ordinances unless otherwise noted or amended in this Section 7. Compliance with the intent, goals and objectives of the Comprehensive Land Plan is necessary for the success of a PUD application. ---'-------------------.".,.,------~-------.,.,---------------,--.--.-----~_____,._"___._______ __.__________m__.__.__ ----------______._,.____.,___~___.____._,_______.,_.__..________m__..____________.__.__.,....".._________________.___,_____.___.......___ SUB-SECTION 7.2 DEFINITIONS FOR THE PURPOSES OF THIS SECTION 7 AASHTO STANDARDS: Standards that are published by the American Association of State Highway and Transportation Officials.' DEVELOPMENT STANDARDS: Generally, the minimum standards for development in the PUD, as adopted by the City Council, including but not limited to standards for intensity and type of use; densities, building and setback requirements; provision for utilities; topography and drainage patterns; sign age; open space and landscaping; on-site vehicular and pedestrian circulation and parking; architectural features and controls; urban design elements and features; site amenities and landscaping; and, any written development agreements with the City, other governmental agency, or utility. MASTER DEVELOPMENT PLAN: In general, specific development standards and accompanying plans adopted by the City Council, which identify, with respect to 3 American Association of State Highway and Transportation Officials (AASHTO), htt~w .aashto ora/aashto/home. nsf/FrontPage --------.--....---............'''-------.----..-"..-----".'..--""--..-.....--...------.---------..-------...---..-----------............--...------.-----.....".,."'--_._-_.._.__..........._.._.~--_.._--_.._......._. Page 3 of 31 a PUD development, the proposed location and size of development parcels, land uses, densities, and lot coverage; transportation plans and a traffic impact analysis; environmental assessment with indication of flood plains, wetlands, tree survey, and other environmental factors; open space, community facilities and amenity plans; architectural and aesthetic features; and, the specific development and design standards. SUSTAINABLE DEVELOPMENT: Considers development impacts based upon principles that meet and integrate existing environmental, economic, and social needs without compromising the well-being of future generations. USGBC LEED STANDARDS: Standards published by the U.S. Green Building Cou ncil. WHOLE BUILDING DESIGN GUIDELINES: Guidelines published by the National Institute of Building Science. .,_......_.___._"__.____'____m..."...._ ______ _""_""",._______"_______________.. ...___M__________.'__...._...."...._._.._.___.."......,._'__...___~_._.__..,____.,__,._,.__,._____.._ .,..__....______ SUB-SECTION 7.3 REZONING AND MINIMUM SITE AREA A. Property may be rezoned to the PUD by the City Council in accordance with the requirements of this Section 7, the UDC, and other applicable City ordinances and criteria. Each use area shall be described separately by acreage and general location, with specific uses, design and development standards. The rezoning shall include the adoption of a specific master development plan and development standards. A development agreement is encouraged between the City and the developer. B. The minimum site area for a PUD is twenty (20) acres. C. Exceptions to the minimum site area requirement: (a) The City Council may waive this requirement when proper planning justification is shown where the site is: (1) a redevelopment; (2) a designated historic structure or monument site; (3) encumbered by fifty percent (50%) or more of its gross lot area within a 100-year floodplain and the development intent is to preserve that 100-year floodplain in its natural state; (4) located within an area developed prior to the incorporation of the City; or, ....--....---..-.....................-------.....-......,.'''..--...--- --......-..........----.,--""----.. .. ....--.,.."".------.......--....-- ....----.---..-.--..---.....--.........------" Page 4 of 31 (5) designated as a revitalization project, neighborhood or special area plan. (b) Where the property is surrounded on three (3) sides by existing development, the minimum acreage requirement for a PUD application is waived outright. ..__._-----,..~,-,-_.,-_.,._---'".,._~----_.,----------------------...------..--.-....----...-------.-.....------".-----.........--- --- ------------ .....-----------------...-- .. -."---------.--....... _!:l~B_=~.EC!I_I:I_~!~<I:__~_':'-"!:I~A":!.<:>_~R~9_lJ.!!l:~_~~~!.s...__ In addition to the application requirements of the UDC and any associated submittal/application checklists, the following must accompany an application for PUD rezoning submitted by the property owner(s): A. A metes and bounds description of the proposed PUD as a whole; B. A proposed master development plan for the entire site; C. Proposed development standards to be applied to the development; D. Any proposed conditions, covenants and restrictions for the development, including easements and grants for public utility purposes; E. The location of primary and secondary thoroughfares proposed for the development, including right-of-way widths and the location of access points to abutting streets; F. Identification of all rights-of-way, easements, open spaces or other areas to be dedicated, deeded or otherwise transferred to the City; G. A plan for the extension of any necessary public services and facilities, including sewer facilities and facilities for flood control and drainage; H. Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design, landscape, open space and signage concepts. 1. The location and description of all buffering that is proposed between the development site and adjacent properties; J. Additional information and detail as may be required in order to respond to the unique characteristics of the site and its location. _...,--_.._._-,_._,.,_.._--_.~,._---------------_.._-,_.--......----------------...------.-..----.........--....-- ------.--..------.-.....---.- . ............-.------..,...............--------- Page 5 of 31 SUB-SECTION 7.5 PERMITTED USES A. Any combination of residential, commercial, industrial or public uses may be permitted within a specific PUD to the extent they are consistent with the Master Development Plan and Development Standards for that PUD. The uses to be permitted within the PUD must be specified in the adopted Master Development Plan for the PUD. Because of the nature and purpose of the PUD, notwithstanding any other provision of this Section 7: (a) An application to rezone PUD property may be denied by the City Council, at its complete discretion, if it finds that the proposed development is incompatible or out of harmony with surrounding uses or the pattern of development within the area and when the development does not meet the stated intent of this Section 7; (b) An application to allow a particular use, type of development, or development standard within the PUD may be denied if it is not compatible or is out of harmony with the surrounding uses or pattern of deveiopment and, (cl No use, type of development, or development standard is presumptively permitted within the PUD. B. AICUZ APPLICABILITY. A PUD that is located in whole or in part in an Air Installation Compatible Use Zone relating to Randolph Air Force Base and adopted by the United States Air Force, described in Article VII, Section 4 of the UDC (the "AICUZ Area") shall include in its Master Development Plan land uses and densities within the portion of the PUD in such AICUZ Area that are wholly compatible with the recommended land uses and densities within the AICUZ Area that are in effect on the date the Master Development Plan is presented to the City for approval. ---..--,.--,.,.,-.,.,--------.,-,.-~----_____.._..___________.__.",.__"..,._________~__.,____________,__,._______~__.___~ ...__.m.._..._...__..._..___..._ _"._ __________ ...._................___....__.._______.,.. ~1J~:!;!'~!I~_~Z~~__QI'!~_~~~E~!g~R:!'M~~!~~f:I_[)A_R:~H!!E~!IJ~~f()N_!R:()!-.!;___ A. Open Space Provision And Design Criteria: (al Common open space must be set aside for the use and benefit of the residents of the PUD. Common open space may use up to 25 percent of any lOO-year floodplain acreage to calculate the overall common open space requirement, but Page 6 of 31 in no case shall floodplain exceed 50 percent of the common open space requirement. (b) All significant natural features shall be preserved and, where necessary, protected by setbacks and easements from development. (c) Development shall be designed and sited to preserve and protect the lOO-year floodplain. (d) Significant stands of native trees and any other areas of substantial vegetation shall be preserved and protected from alteration and destruction. (e) The UDC tree preservation and parkland dedication requirements shall apply to this Section 7 to the extent this Section 7 as not amended the UDC requirements. (f) No parking areas, storage areas, or required park acreage shall be computed as open space. Landscape buffers may be included in open space computations. B. Ownership and Maintenance of Common Open Space: (a) The PUD must be organized as a common-interest community in one of the forms permitted by the Texas Local Government Code. All private open space and facilities must be maintained by a homeowner's association or community- interest community. (b) The PUD association may not dissolve or dispose of any common open space by sale or otherwise unless dedication is accepted by the City as community-wide parkland by action of the City Council relative to existing PUD developments or City Council otherwise agrees. C. Open Space Dedication: The City may, in its discretion, accept dedication of common open space, or any interest therein, for public use and maintenance as parkland. All land and facilities must be dedicated without cost to the City. D. General Architectural Design and Controls: (a) All PUD applications must either adopt the general sign restrictions in the City or be accompanied by a sign package program to be included in the Development Standards and which substantially comply with the UDC. Alternative sign Page 7 of 31 programs may be considered where creativity and material use is above the quality generally featured in other similar developments within the City. (b) Structures may contain multiple uses, except as otherwise provided in this Section 7. ".n......_____...____.,___"'_'.__._..,.,...............,_.,.,.____,.,._,.,.,_.,,~._'".m___.__,...,...,.,.___________.._._.____..._.______....._.._.. ."___,,___,_____.__mo.___..._. __...____........... ....__.. ._.'..~_________._,._,.__,._,.__._" SUB-SECTION 7.7 ApPROVAL OF PLAN AND STANDARDS , - ---..-----."...."....----.".-- , - - -- ------..... ------.---.""""..---...---..-.------.-.-----.,-- .-................---.".. In connection with any approval of a PUD, the City Council shall adopt a Master Development Plan and Development Standards, which will thereafter govern the development of the property within the PUD. All application packages, including application checklists, shall apply and may be amended and become effective after a lO-day notice posted at City Hall by the Director of Planning and Zoning. A. In considering the approval of a Master Development Plan and Development Standards for a PUD, the City Council shall be guided by the following objectives, and may impose such conditions and requirements deemed necessary to meet the following objectives: (a) Consistency of the proposed development with the Comprehensive Land Plan, this Section 7, and other applicable plans, policies, standards and regulations; (b) Compatibility of the proposed development with the requirements of Section 7.5B and adjacent and surrounding development; (c) The purpose and intent of this Section 7; (d) Minimization of the development's impact upon adjacent roadways and neighborhood traffic, and upon other public facilities and infrastructure; (e) Protection of the public health, safety and general welfare. B. If the City Council approves the PUD Master Development Plan and Development Standards, it shall, after the publiC hearing, make a finding of fact regarding the particularities the development and to what extent the development would be in the public interest, including, but not limited to: (a) In what respects the proposed development is consistent with the stated purpose, intent, goals and/or objectives of the Page 8 of 31 Master Development Plan and Development Standards of the PUD; (b) Extent to which the proposed Master Development Plan meets the Development Standards of the PUD and applicable regulations of the UDC; (c) Extent to which the proposed development departs from the Master Development Plan and Development Standards of the PUD and any applicable regulations within the UDC; (d) Method by which the proposed Master Development Plan makes adequate provision for public services and facilities, provides adequate control over vehicular traffic, provides for an protects designated common open space, and furthers the protection of environmental site features; (e) Relationship and compatibility of the proposed development to adjacent development; (f) Desirability of the development relative to physical development and provision of utilities and infrastructure, tax base, and the economic well-being of the City. SUB-SECTION 7.8 RESIDENTIAL DEVELOPMENT STANDARDS _.'."______.___..________'""""..___m___..._______________________._________________.__."._....___.___ Residential districts in a PUD shall follow the standard subdivision procedures and related requirements, as outlined in the UDC or as provided in the Texas Local Government Code. Individual Site Plans are required for each lot of a PUD, except for single- or two-family uses on individual lots. Setback and building lot area standards shall be provided in the Development Standards for the application and will be included on each plat. The site plan shall generally include the public and private street design and dimension, lot design and dimension, location of driveways, buildings, walls, fences, walkways, open space areas, park and recreation areas, parking areas, drainage information, street names and location of utilities, and all calculations of quantities as required. All application packages, including application checklists, shall apply and may be amended and become effective after notice posted at the City Hall by the Director of Planning and Zoning. Amended site plans and plats may be approved administratively by the Director of Planning and Zoning when the significance of the change is minimal, a correction, or as required by State law. "..---------..".-------...-,---.---------..--------.-."-------,.".-- ......___._____"__.________.........._...__.."__.m.____...,......_ ..____._____....__..._ .__..O'.___..._____m..'....._______"____.______ Page 9 of 31 The Director of Planning and Zoning may elect to place the amendment on the City Council agenda for its consideration at any time. Appeals to the City Council of administrative decisions must be made within ten (10) days of the applicant's receipt of notice of the Director's decision and will be placed on a future agenda for consideration by the City Council. A. Applicable Uses: Permitted and accessory uses shall be as generally designated in the UDC. Non-designated uses may be included subject to City Council approval subject to the limitations set forth in the UDC. Applicants may apply for any non-designated uses through the PUD process, but such uses may be conditioned, limited, or prohibited at the City Council's discretion. Structures may contain multiple uses. A PUD may contain single-family, multi- family, mixed-use flats, live-work dwellings, cottages attached dwellings, garden home, or conservation developments, clustered developments, flag-lot or private court developments containing residential uses with the majority of land owned in common by the residents of the development. All residential components of the PUD shall be governed by overall density. Quality of development and increased density are closely tied together in PUDs. Higher densities equate to increased quality standards for the development. Interconnectivity of development is required. No development shall be created in isolation, one from the other, unless physical constraints necessitate such isolation. B. Park Acreage Requirement: A PUD must provide five (5) acres of park per one-thousand (1,000) persons (a ratio of one (1) acre per two-hundred (200) people or approximately one (1) acre per seventy (70) dwellings). The City Council may reject parkland dedication, at its sole discretion, at any time. In lieu of parkland dedication, the applicant shall pay a parkland dedication fee as described within the UDC, but shall pay the fee based upon the acreage requirement of this Section 7. If the development does not have one thousand (1,000) persons, the park area required will be based on a ratio: five hundred (500) persons will equal 2.5 acres of park, and so forth. The persons per household figure from the Page 10 of 31 Census Bureau in combination with population will determine the assumed number of people per unit.4 C. Common Open Space Requirements: (a) A minimum of twenty percent (20%) of the gross land area must be preserved as overall common or public open space. (b) In addition to the required base amount of common open space, a minimum of five percent (5%) of the gross land area must be provided as private open space for exclusive use of the development as a whole for recreation, clubhouses, meeting facilities, gardens and other similar uses. (c) The location and character of PUD common open space shall be as follows: (1) Common open space areas shall be linked to existing and planned public open space areas to provide an overall open space system, wherever possible; (2) Common open space areas shall be arranged so as to maximize access and utilization by residents of the PUD; (3) Common open space may not include the required parking lot landscaping, except where hardwood trees, six inches (6") DBH or greater are preserved. (4) Every single- or two-family lot shall contain no less than forty percent (40%) of its lot area in open space. (5) Private open space shall be situated on each residential lot and/or development envelope or immediately adjacent to each unit. Common open space will not be considered in the measurement of private open space; (6) Where open space improvements are to be provided, a safe, secure and barrier-free system of trails, paths and walkways shall be designed. The walkway system shall link residences with recreation areas, schools, commercial areas and public facilities; 4 For example: There are 2.8 persons per household according to the U.S, Census Bureau, Census 2000. htto'/Ifactfinder CenSl]" aov/servlet/AGSGp.oArklressServlet? Mi'loE'vent:::<;howResult& ciltP,Clorv",,& subcateGorv=& <;tiltp.Select edFromDrooDown=fuas&c.on~gs&Q..[Q.9(a[]}Year=50%3A420&5trp.p.t= 1400+Schertz+ Parkwav&citv-Schertz&stiltes= Texas 1>zil>"2BJ.5.1.8ul.<Ult",66J)J)()J.!5JJlI~4Jfo3AyoIQ3A5~6QQQUSZ8~l!<~,t_MQUSZlll~Qj}[amYe'L~...w=. 420& lano=en&tree id=420&bucket id=50 --.."~_._.._---------_._--",-,--",---------~",,.._,,---------,..._----------_.~------,.,.,._---,.._-,---"....._-----------------_._---~._---_...._........_-----------"..-..--.---.-......------------..- Page 11 of 31 (7) Physical improvements that are permitted within common open space areas may include, but are not limited to: a. Pedestrian paths, located in street rights-of-way or pedestrian easements, at a minimum width of five feet (5') with a paved surface, b. Paved bike paths located in street rights-of-way or other open space per AASHTO standards, c. Trails, for equestrian, exercise circuits, joggers or bikers, paved with materials such as wood chips or gravel, per AASHTO standards, d. Riding stables, e. Tennis courts, f. Swimming pools, g. Golf courses, h. Club houses, and i. Athletic fields. D. Building Regulations: (a) Building Height: No building or structure may be more than two and one-half (2-1/2) stories or exceed a total height of thirty-five feet (35') and attached dwellings no more than three (3) stories, not to exceed forty feet (40'). (b) Building Setbacks: Due to the flexibility of the PUD concept, it is impractical to define an exact pattern for the arrangement of group dwellings. It is the intent of this Section 7, however, to provide a functional and nonmonotonous orientation of units with a maximum of open space. Actual setbacks shall be established through PUD Master Development Plan adoption, with the design standards for the development and the tentative map process. The minimum spacing between buildings in a residential PUD shall comply with all Fire and Building Code regulations governing spacing. In the event that an approved PUD does not have adopted design standards, the setbacks standards for the PUD will be as listed below: (1) All buildings shall have a setback of at least fifty feet (50') from a perimeter lot line of the PUD. (2) Side yards abutting a street (public or private) shall not be less than fifteen feet (15') without extenuating circumstances. Exceptions must be approved with the --.------........-------.--..........,.".,..'"""-..------....".----------...-.".-."---"----....-------...-,.".-....,--'_._------._--_.,.,-_.,-_._-""'-~----,.,._.,.,.-..-....---..------.-...,.--..-...--.....---- Page 12 of 31 General Exam 40' width lot 60' width lot 70' width lot 80' width lot 90' width lot 100' width lot 120' width lot original rezoning or through amendment to the design standards. (3) The minimum spacing between buildings in a residential PUD shall comply with all Fire Code and Building Code regulations governing spacing. In addition, the following minimum setbacks are required between structu res: 1. Front to Street: The front setback of residential buildings is fifteen feet (15') from the back of sidewalk or front property line, whichever is greater. Stoops and covered front porches may intrude into the front yard setback by five feet (5'). The garage must be a minimum of twenty feet (20') from the back of sidewalk or front yard property line, whichever is greater. 2. Front to Front: Buildings that have a front to front relationship across a landscaped area or open courtyard must maintain a minimum setback between buildings of fifty feet (50'). 3. Side to Side: Building separation is determined by the proportionality of the lot width ratio in which ten percent (10%) of the median lot width will apply to each side yard; for example, an eighty feet (80') wide lot requires an eight feet (8') wide side yard on each side of the lot, or in the case of zero lot line, 16 feet side yard to one side of that lot and zero feet on the other side yard. There shall be a minimum separation of twelve feet (12') and a maximum requirement of twenty feet (20') between residential structures. les: 6' side 6' side 7' side 8' side 9' side ard 10' side ard 10' side ard 12' buildin 12' buildin 14' buildin 16' buildin 18' buildin 20' buildin 20' buildin minimum threshold maximum threshold .. ..._.,-,.,'-,~------,._------ ,.,---..................."".-.....---..-----".,.....----...---.-. ..._-_..,---,.._-,._,.,""--~---,._--,._-_.,-,-----,.,.,.,........-.."--............-------. ." Page 13 of 31 4. Side To Rear: Buildings that have a side to rear yard relationship must maintain a minimum setback of twenty-five feet (25'). 5. Rear To Rear: Buildings that have a rear yard to rear yard relationship must maintain a minimum setback of forty feet (40'). Where patio or garden homes have a zero-lot line arrangement, this provision shall not apply. (4) Exceptions: A patio or deck may encroach into the rear setback requirements as long as it is not enclosed and closer than ten feet (10') to the rear property line. (5) Multi-family Uses: Buildings in excess of thirty-five feet (35') in height require minimum setbacks with an additional ten feet (10') to those listed above. (6) Lot Coverage: No single- or two-family dwelling may cover an individual lot by more than fifty percent of its lot area. (c) Parking Requirements: All buildings and uses shall comply with the parking requirements of the UDC: shared parking may be allowed where non-residential uses are combined within the same structure as residential uses, in which case, a shared parking analysis is required. (d) Road Requirements: (1) All roads, including private roads, shall be built to minimum standards as required by the UDC and this Section 7 and further detailed by the City Engineer, except that: 1. When alleys serve residential lots, the pavement section may be reduced to a width no less than twenty-six feet (26') and a right-of-way width of thirty-six feet (36'). Sidewalks, five feet (5') wide, are required within the right-of-way and located at the outer perimeters of the right-of- ways width. In this instance, garages and driveways must load from the alley and utilities will connect from the alley in paired joint easements. Alleys shall be twenty feet (20') in width and paved per City standards at 15 feet width. All driveway depths shall be maintained at Page 14 of 31 least twenty feet (20') from the rear property line. Alleys shall be owned and maintained by the homeowner's association. (2) A traffic impact analysis shall be required for any proposed site development that can be reasonably expected to generate more than 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour. (e) Screening and BUffering Standards: Where appropriate and not in conflict with this Section 7, the supplemental standards set forth in the UDC shall apply to all structures and uses authorized by the PUD designation. In residential projects, solid screening will be required where appropriate; however, no wall shall exceed six feet (6') in height. Where additional buffering is necessary, a combination of wall, berms, and vertical landscape material will be utilized to provide a noise and visual barrier. (f) Access between adjacent businesses and similar uses is required unless a hardship prevents such interconnectivity. The Director of Planning and Zoning may waive this requirement where the Director determines that a demonstrated hardship exists preventing such inter- connectivity. (g) All trash enclosures shall comply with the UDC or as otherwise required for alley-loaded structures. (h) Commercial vehicles are prohibited from parking anywhere on residential streets or districts except as otherwise provided in the City's Code of Ordinances. (i) No lot for building use shall be created that is unbuildable. E. Other: Court yard- or flag-lots shall be developed as approved by City Council. In no case shall courtyard or private flag-lot drives serve more than eight (8) single- or two-family lots. Private driveways serving these lot systems shall be no less than twenty- four feet (24') in width and shall consist of concrete or concrete paving products. Alternatives to concrete/concrete products, other than asphalt paving, may be submitted for consideration. No flag or court private drive that serves these lots shall be more than three- hundred-fifty feet (350') in length or as allowed by the Fire Chief. All private courts and drives must be maintained by the Page 15 of 31 homeowner's association. In addition, one-half parking space per lot is required and shall be convenient to the private drive for visitor parking. F. Single-family Architectural and Site Design Standards: (a) Buildings shall utilize at least three of the following design features to provide visual relief along the front of the residence: (1) Dormers. (2) Gables. (3) Recessed entries, a minimum of three feet (3') deep. (4) Covered front porches. (5) Cupolas. (6) Architectural Pillars or Posts. (7) Bay window, a minimum twenty four inch (24") projection. (b) Garages may occupy no more than 40% of the total building frontage. This measurement does not apply to garages facing an alley or courtyard entrance. No garage may extend beyond the building front. Garages that are at least thirty feet (30') behind the house front may exceed the forty percent (40%) building frontage minimum. (c) The same elevation may not be used within any ten-lot grouping. (d) Two-family buildings shall be designed to appear as a single unit. (e) All walls, except gabled roof areas, which face a street other than an alley, must contain at least twenty five percent (25%) of the wall space in windows or doors. (f) Primary entrances shall face the public street and sidewalk. (g) Windows shall be provided with trim or shall be recessed. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. ---.."'".-----...,----.,,--..,...-.....--..............-.- -"'.--..............----..---"".-...---------...,.".....--, - -"..-----------......------...-..----.....-....--- ...-----..--..--..............,..-.------..--.,.,....,....----....------.. Page 16 of 31 (h) Exterior finishes shall be of wood, masonry, stone, stucco, HDO board or other high quality material customarily used for the building style. (i) At least fifty percent (50%) of the front yard frontage shall have buildings at the minimum front yard setback, except for single-family lots greater than one-half acre in size. G. Multi-family/Attached Dwelling Architectural and Site Design Standards: (a) Buildings shall utilize at least three of the following design features to provide visual relief along the front of the residence: (1) Dormers. (2) Gables. (3) Recessed entries, a minimum of three feet (3') deep. (4) Covered front porches or patios. (5) Cupolas. (6) Architectural Pillars or Posts. (7) Bay windows, a minimum 24" projection. (b) All walls, except gabled roof areas, which face a street other than an alley, must contain at least 25% of the wall space in windows or doors. (c) Primary entrances shall face the public street and sidewalk to the extent possible when adjacent to a public right-of-way and at least 50% of the front yards frontage shall have buildings within 30 feet of the front property line. (d) Windows shall be provided with trim or shall be recessed. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. (e) Exterior finishes shall be of wood, masonry, stone, stucco, HDO board or other high quality material customarily used for the building style. __n.._______________.",_..._.._........,.._._____________..".......___________.. ..____________,..,,_.,.,_._____"'~____.,_...,__.,_____._______.,_,..,~ Page 17 of 31 (f) Building frontages greater than 60 feet in length shall have recesses, projections, windows, arcades or other distinctive features to interrupt the length of the building fa~ade. (g) At least fifty percent (50%) of the front yard frontage shall have buildings at the minimum front yard setback. (h) Fronts and street sides of buildings visible from the public right of way shall include changes in relief such as columns, cornices, bases, fenestration, and fluted masonry, for at least fifteen percent (15%) of the exterior wall area. (i) The top floor of any building rising over two (2) stories must contain a distinctive finish, consisting of a cornice, banding or other architectural termination. (j) Parking areas shall not be located between buildings and the street where the site is adjacent to a public right-of-way. Parking lots may be located on the sides and behind the buildings. (k) Trash Enclosures: All trash enclosures shall comply with adopted City standards. (I) Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from a public right-of- way. (m) Special Standards for Large Scale Multi-family/Attached Developments (greater than 30 units and/or more than three (3) buildings): A variety of compatible exterior materials' use and type, building styles, massing, composition, and prominent architectural features, such as door and window openings, porches, and rooflines, shall be used. H. The PUD applicant must demonstrate that, as compared with the situation that would have existed on the site without the development, no phase of the PUD results in an increase of the peak rate of storm water run-off at the parcel boundary for the development as a whole for the 100-year and SO-year design storm, and that there will be no net loss in storage capacities. ._--------~---"""---,.,._-,.,_._-",.~""._----,._---,_._~,.,."..._---_.,.,---.._--------,._-,--,--~.._"._,.,_.,.,-......-----."-------...------...--------------........".......--."-.----....-.---...,,--....,,..-..-..---. Page 18 of 31 "._.__________._.___.__....__.______._'"m..____.._.........._~._______..........___________..____"._...........".."._._" ,__ _...________"_.._...""._m._.._____""~...__________.______.___....... SUB-SECTION 7.9 COMMERCIAL DEVELOPMENT STANDARDS "'-...----...--~-.,,~-.-------~.--..------......-""_._.._._____...~____.__......_.._...____.____m._........_._________._.__."_"__.._________._.._....____....___"...___....,,._ Commercial uses in a PUD shall follow the standard subdivision procedures and requirements, as outlined in the UDC. Individual site plans are required for each lot of a PUD. The site plan package shall generally include the public and private street design and dimensions, lot design and dimension, location of driveways, buildings, walls, fences, walkways, open space areas, park and recreation areas, parking areas, landscaping and buffering, architectural features and materials, drainage information, street names and location of utilities, and all calculations of quantities as required. All application packages, including application checklists, shall apply and may be amended and become effective after notice is posted at City Hall by the Director of Planning and Zoning. Amended site plans and plats may be approved administratively by the Director of Planning and Zoning when the significance of the change is minimal, a correction, or as required by State law. The Director of Planning and Zoning may elect to place the amendment on the City Councils agenda for their consideration at any time. Appeals to the City Council of administrative decisions must be made within ten (10) days of the applicant's receipt of notice of the Director's decision and will be placed on a future agenda for consideration by the City Council. A. Applicable Uses: Permitted and accessory uses shall be as designated in the commercial districts of the UDC. Any additional uses, designated as planned, may be included subject to City Council approval. Applicants may apply for any non-designated uses through the PUD process, but such uses may be conditioned, limited, or prohibited at the City Council's discretion. Structures may contain multiple uses. B. Common Open Space Requirements: (a) A minimum of twenty percent (20%) of the gross site area shall be in common open space. (b) Common open space shall not have any dimension less than ten feet (10') nor be less than three hundred (300) square feet in area in order be considered open space. (c) Common open space may not include the required parking lot landscaping, except where hardwood trees, six inches (6") DBH or greater are preserved. ------------~------------_....---------_._--------------------.....---.--....".-_________.....__m.________m._.__.___.----.".-..______._....____~.______..__._.."_"__.._m~_._....__ Page 19 of 31 (d) Common open space shall be arranged to maximize access and utilization by site users. (e) Common open space shall be linked to existing and planned public open space areas to provide an overall open space system. (f) Where open space improvements are to be provided, a safe, secure and barrier-free system of trails, paths and walkways shall be designed. The walkway system shall link the site with schools, recreation areas, other commercial areas and public facilities. C. Building Regulations: (a) Building Height: No building or structure may be more than two and one-half (2-1/2) stories or exceed a total height of thirty-five feet (35') for neighborhood or service related uses. Otherwise, no building or structure may be more than four (4) stories or exceed a total height of fifty feet (50'). (b) Building Setbacks; Due to the flexibility of the PUD concept, it is impractical to define an exact pattern for the arrangement of buildings. It is the intent of this Section 7, however, to provide a functional orientation of buildings with a maximum of open space. (c) All buildings shall have a setback of at least fifty feet (50') from a perimeter lot line of the PUD. (d) Side yards abutting a street (private or public) shall not be less than twenty feet (20'). (e) The minimum spacing between buildings in a commercial PUD shall comply with all Fire Code and Building Code regulations governing spacing. In addition, the following minimum setbacks are required between structures; (1) Front Yard Setback: A building fronting on a street must be located a minimum of twenty feet (20') from the back of sidewalk, or property line, whichever is greater. (2) Side Yard Setback: 1. Side yard setbacks between commercial structures, or between commercial and industrial structures, are not required on internal lots. --."-""".-----....--...--------..---..----------.---."..'--..-.....'..-...-..."---.-..--.-.-...----......----------------_____..".............___________.___.".___n..'......___""_._..........____.m_......___ Page 20 of 31 2. If a side yard abuts a residentially zoned property or use, a public or private street, a continuous landscaped side yard of twenty feet (20') is required. 3. This setback shall not be used for parking and shall be landscaped. (3) Rear Yard Setback: 1. If a rear yard abuts a commercial or industrial use or zoning district, a minimum rear yard setback of ten feet (10') is required. 2. If a rear yard abuts a residential use or residentially zoned property, a rear yard setback of twenty feet (20') shall be provided. 3. This setback shall not be used for parking or drives and shall be landscaped. (4) Screening Requirements: 1. Where appropriate and where not in conflict with this Section 7, the supplemental standards set forth in the UDC shall apply to all structures and uses authorized by the PUD provisions. 2. All commercial projects shall provide a solid screen fence or wall not less than six feet (6') in height along all rear and side property lines which are common to property zoned for residential purposes, except where buildings and parking are more than one hundred feet (100') from the setback line, or within a flood plain. In the case of a flood plain, the solid wall or fence may be replaced by a wrought iron structure where appropriate. However, no wall shall exceed six feet (6') in height. Where additional buffering is necessary, a combination of wall, berms, and vertical landscape material will be utilized to provide a noise and visual barrier. 3. Service or storage yards shall be behind structures and screened from view through a combination of fencing, berms, and landscaping. No wall or fence shall exceed eight feet (8') in height. The use of razor wire is absolutely prohibited. .-""""""-....--..---. .. ""'-"""'-..---...............-......--.-------''.,----"---... ..-------.---..,,-------------------._'.,__. .. .___....__..__..___.._.._".,___________."."..."__._""______.m'''.....___.'''''"'." Page 21 of 31 4. Where appropriate and not in conflict with this Section 7, standards set forth in the UDC shall apply to all structures and uses authorized by the PUD Master Development Plan. (5) Trash Enclosures: All trash enclosures shall comply with adopted City standards. (6) Parking Requirements: All buildings and uses shall comply with the parking requirements of the UDC. Shared parking studies may be approved by the City Council as an exception to this requirement. In no case shall parking exceed that required by more than ten percent (10%). Parking bays shall be grouped so as not to exceed one hundred (100) spaces without landscape separation. In addition, one landscape tree is required for every twelve (12) parking spaces and shall be placed within the parking lot area. Parking facing the street is discouraged. (7) Road Requirements: 1. All roads, drives and parking areas shall be built to minimum standards as required by the UDC and this Section 7 and by the City Engineer. A waiver of parking and private drive standards is encouraged where a reduction in impermeable surface is achieved by on site permeable structures, pavement materials, and landscape elements. Permeable surface products such as grass block or other permeable products and design, such as linear parking medians serving as drainage and capture areas, must meet sixty (60) percent minimum permeable ratios to receive any waiver of the standards. Such permeable surface, when achieved may receive a reduction in open space requirements of three percent (3%). 2. A traffic impact analysis shall be required for any proposed site development that can be reasonably expected to generate more than 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour. --....'.------------..."....,---------..---...-.-.- .. .-'-.,-----..----------~,.._-,.,.-,.,.,.,---------------".'''__,.____...____,,_________ ...__________m_____...__."..___..._.__."__"_____...""...,..._........ Page 22 of 31 3. Access between adjacent businesses and similar uses is required. The Director of Planning and Zoning may waive this requirement where the Director determines that a demonstrated hardship exists preventing such interconnectivity. (8) All utilities shall be underground except for major transmission lines, whose size makes such facilities impractical, or as otherwise required by the City Engineer. (9) No lot for building use shall be created that is unbuildable. D. Architectural and Site Design Standards: (a) Building frontages greater than one-hundred feet (100') in length shall have offsets, jogs, or other distinctive changes in the building facade creating at least four distinct building planes for each one-hundred feet (100') of length. (b) Buildings shall incorporate arcades, roofs, alcoves, porticoes and awnings as a design element of the facade. The planting of trees may be used in place of these architectural features. (c) The primary entrance of a building shall have a clearly defined, highly visible entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design. (d) Buildings shall have their primary orientation toward the street rather than the parking area. (e) Buildings that are within 30 feet of the street shall have an entrance for pedestrians from the street to the building interior. (f) Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from a public right-of- way. (g) Loading docks are not permitted to be visible from the street, and may not be accessed directly from the street. (h) Parking areas shall be located behind buildings or on one or both sides, except along an interstate highway or where Page 23 of 31 planned or existing right-of-ways exceed eighty feet (80') in width. Where this exception exists, a minimum fifteen feet (15') additional landscape area will be required along parking areas to mitigate views of the parking area. These requirements may be waived by the Director of Planning and Zoning if the building is not accessed by pedestrians, such as warehouses and industrial buildings where the office space is 20 percent (20%) or less of the overall structure gross square footage, automotive service uses such as gasoline sales and automobile sales. (i) Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. (j) Windows shall be provided with an architectural surround at the jamb. (k) Fronts and street sides of buildings visible from the public right-of-way shall be non-reflective and shall be of wood, masonry, stone, decorative block, stucco, HDG board or other high quality material customarily used for the building style. Corrugated metal is prohibited. (I) Buildings are required to provide no less than twenty percent (20%) of the front building fac;;ade or any building facade adjacent to a right-of-way with twenty glass, but may not incorporate glass for more than sixty percent (60%) of each building facade. E. The PUD applicant must demonstrate that, as compared with the situation that would have existed on the site without the development, no phase of the PUD results in an increase of the peak rate of storm water run-off at the parcel boundary for the development as a whole for the 100-year and 50-year design storm, and that there will be no net loss in storage capacities. "~__'_"___'____~_...__.__.'_m'.'_'._..,__,_,____._,._,.'..______.."._________._._._..___".............._..._.._______,,_.......__..........,......,._______.___....._...____..__m..""....___ .-.---~,------,.---,_.,-.-._--,.,.,.,.,-.,.,.--_.,----____..._______..______..,_.___________...__._______..____..m________________.__________.........___________._. SUB-SECTION 7.10 INDUSTRIAL DEVELOPMENT STANDARDS Industrial uses in a PUD shall follow the standard subdivision procedures and requirements, as outlined in the UDC. Individual site plans are required for each lot of a PUD. The site plan shall generally include the public and private street design and dimensions, lot design and dimension, location of driveways, ...._________........._..".___._.,.....".._____..om__._...._______ . _".."..._.._.......__________________.,..."'.,,_......___.....____..____..__.____.___.....__""........_. .,."."'_........_.._"..____"......_................"_"""__ Page 24 of 31 buildings, walls, fences, walkways, open space areas, park and recreation areas, parking areas, drainage information, street names and location of utilities, and all calculations of quantities as required. All application packages, including application checklists, shall apply and may be amended and become effective after notice is posted at City Hall by the Director of Planning and Zoning. Amended site plans and plats may be approved administratively by the Director of Planning and Zoning when the significance of the change is minimal, a correction, or as required by State law. The Director of Planning and Zoning may elect to place the amendment on the City Council agenda for their consideration at any time or due to the quantity or quality of the amendment proposed. Appeals to the City Council of administrative decisions must be made within ten (10) days of the applicant's receipt of notice of the Director's decision and will be placed on a future agenda for consideration by the City Council. A. Applicable Uses: Permitted and accessory uses shall be as designated in the industrial districts of the UDC. Any additional uses, designated as planned, may be included subject to City Council approval. Applicants may apply for any non-designated uses through the PUD process, but such uses may be conditioned, limited, or prohibited at the City Council's discretion. Structures may contain multiple uses. B. Common Open Space Requirements: (a) Fifteen percent (15%) of the gross site area shall be in common open space. (b) Common open space shall not have any dimension less than ten feet (10') nor be less than three hundred (300) square feet in area. (c) Common open space may not include the required parking lot landscaping, except where hardwood trees, six inches (6") DBH or greater are preserved. (d) Common open space shall be arranged to maximize access and utilization by site users. (e) Common open space shall be linked to existing and planned public open space areas to provide an overall open space system, wherever possible. (f) Where open space improvements are to be provided, a safe, secure and barrier-free system of trails, paths and walkways shall be designed. The walkway system shall link the site '--"-'~-________"__'~_'''_____'_''''_____'__....._m......'.___,__,.,_,__.__,.,~,.,.,_ ____._...__.__________._._....,_______...._..____.,.,_~.,.____,.,.,._,.".____ _________.________ ._.__"'___......___......_......__.._.........._____.._.. Page 25 of 31 with schools, recreation areas, other commercial and industrial areas and public facilities. (g) Access between adjacent businesses and similar uses is required unless a hardship prevents such interconnectivity. C. Building Regulations: (a) Building Height: In general, no industrial building Or structure which manufactures, assembles, produces Or stores goods fOr wholesale Or distribution Or other use that is clearly industrial in nature may exceed a total height of thirty-five feet (35'). All other uses which are primarily commercial in nature shall use commercial standards. (b) Building Setbacks: Due to the flexibility of the PUD concept, it is impractical to define an exact pattern for the arrangement of buildings. It is the intent of this Section 7, however, to provide a functional orientation of buildings with a maximum of open space. (1) All buildings shall have a setback of at least fifty feet (50') from a perimeter lot line of the PUD. (2) Side yards abutting a street (private Or public) shall not be less than twenty feet (20'). (3)The minimum spacing between buildings in an industrial PUD shall comply will all Fire Code and Building Code regulations governing spacing. In addition, the following minimum setbacks are required between structures: 1. Front Yard Setback: A building fronting on a street must be located a minimum of ten feet (10') from the back of sidewalk, or back of curb if a sidewalk is not planned at the location. 2. Side Yard Setback: i. Side yard setbacks between commercial structures Or between commercial and industrial structures are not required on internal lots; ii. If a side yard abuts a residential use, a continuously landscaped side yard of fifty feet (50') is required. This setback shall not be used fOr parking and shall only be broken at points of access to the site. ___"_"'_~_'_'________'___m._"'...._____________,.,.,__.------.-.------_____._._______________..___________________......."".___ .. _._.......______..._....___......__..__.___...__________....__m......'''.._______,.. Page 26 of 31 3. Rear Yard Setback: i. If a rear yard abuts a commercial or industrial use or zoning district, a minimum rear yard setback of ten feet (10') is required. ii. If a rear yard abuts a residential use or residentially zoned property, a setback of fifty feet (50') shall be provided. This setback shall not be used for parking or drives and shall be landscaped. iii. Building Arrangement and Materials: Structures which contain truck docks shall to the fullest extent possible create shared truck courts. Truck bays or bay doors shall not be viewed from a public right-of- way by facing a public street. (c) Screening Requirements: (1) Where appropriate and where not in conflict with this Section 7, the supplemental standards set forth in Sections 8 and 9 of Article VIII of the UDC shall apply to all structures and uses authorized by the PUD provisions. (2) All industrial projects shall provide a solid screen fence or wall not less than six feet (6') in height along all rear and side property lines which are common to property zoned for residential purposes, except that such solid screening shall not extend in front of the front building line or though a flood plain but may be replaced by wrought iron structure where appropriate. (3) Service or storage yards shall be behind structures and screened from view through a combination of fencing, berms, and landscaping. No wall or fence shall exceed eight feet (8') in height. The use of razor wire is absolutely prohibited. (d) Trash Enclosures: All trash enclosures shall comply with adopted City standards. (e) Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from a public right-of-way. (f) Loading docks are not permitted to be visible from the street, and may not be accessed directly from the street. ---....---------.----."----....-...---,,.-.----......--.-- .._____._________.__.___........____..___.m....._..______.__..._______ ____.__..______,___....."'.....______..___.._ ..._________...__ Page 27 of 31 (g) Parking Requirements: All buildings and uses shall comply with the parking requirements of the UDC. Truck parking spaces are required for those uses that load and off-load from truck bays. (h) Road Requirements: (1) All roads, drives and parking areas shall be built to minimum standards as required by the UDC and this Section 7 and by the City Engineer. A waiver of parking and private drive standards is encouraged where a reduction in impermeable surface is achieved by onsite permeable structures, pavement materials, and landscape elements. Permeable surface products such as grass block or other permeable products and design, such as linear parking medians serving as drainage and capture areas, must meet sixty percent minimum permeable ratios to receive any waiver of the standards. Such permeable surface, when achieved may receive a reduction in open space requirements of three percent (3%). (2) A traffic impact analysis shall be required for any proposed site development that can be reasonably expected to generate more than 1,000 vehicie trip ends during a single day and/or more than 100 vehicie trip ends during a single hour. (3) Access between adjacent businesses and similar uses is required. The Director of Planning and Zoning may waive this requirement where the Director determines that a demonstrated hardship exists preventing such interconnectivity. (i) No lot for building use shall be created that is unbuildable. (j) Access between adjacent businesses and similar uses is required unless a hardship prevents such interconnectivity. D. Architectural and Site Design Standards: (a) Building frontages greater than one-hundred feet (100') in length shall have offsets, jogs, or other distinctive changes in the building facade creating at least four distinct building planes for each one-hundred feet (100') of length. --"..",."--,.,------"._-~--...__.,-,._,.,._-_."'-----,._--------_.,._,_._~-"._"'-_.__.,.,_.,-----"'",._--,._-"--...--.--....--..-----------------.--..--.....-----..........-.---..."-----......--.-------..,,.-.---..-- Page 28 of 31 (b) Buildings shall incorporate arcades, roofs, alcoves, porticoes and awnings as a design element of the facade. The planting of trees may be used in place of these architectural features. (c) The primary entrance of a building shall have a clearly defined, highly visible entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design. (d) Buildings shall have their primary orientation toward the street rather than the parking area. (e) Buildings that are within 30 feet of the street shall have an entrance for pedestrians from the street to the building interior. (f) Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from the street. (g) Loading docks are not permitted to be visible from the street, and may not be accessed directly from the street. (h) Parking areas shall be located behind buildings or on one or both sides, except along an interstate highway or where planned or existing right-of-ways exceed eighty feet (80') in width. Where this exception exists, a minimum fifteen feet (15') additional landscape area will be required along parking areas to mitigate views of the parking area. These requirements may be waived by the Director of Planning and Zoning if the building is not accessed by pedestrians, such as warehouses and industrial buildings where the office space is 20 percent (20%) or less of the overall structure gross square footage, automotive service uses such as gasoline sales and automobile sales. (i) Windows shall not be flush with exterior wall treatment. (j) Fronts and street sides of buildings visible from the public right-of-way shall be non-reflective and shall be of wood, masonry, stone, decorative block, stucco, HDO board or other high quality material customarily used for the building style. Corrugated metal is prohibited. E. The PUD applicant must demonstrate that, as compared with the situation that would have existed on the site without the development, no phase of the PUD results in an increase of the peak rate of storm water run-off at the parcel boundary for the development as a whole for the 100-year and 50-year design storm, and that there will be no net loss in storage capacities. n"".._,"""__.__.__........_.._,..__.___.__._.______..____.'.._____..___..........___.._..___......__.._____..._.__..____................________._.._____.._...________....__._______..____.__"......___________.___.............____.__._.. Page 29 of 31 SUB-SECTION 7.11 MODIFICATION OF MASTER DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS The development of property within the PUD may proceed only in strict accordance with the approved Master Development Plan and Development Standards for that PUD. Any request by or on behalf of the property owner, or any proposal by the City, to modify the approved Master Development Plan or Development Standards shall be filed with the Planning and Zoning Department. In accordance this Section 7, the Director of Planning and Zoning shall determine if the proposed modification is "minor" or "major," and the request or proposal shall be processed accordingly. A. Minor Modification: A minor modification is a modification which is requested or agreed to by the property owner and which is intended to accomplish one or more of the following: (a) A change in the location of a use from the location specified in the approved Master Development Plan, but only if the change in location will not have a significant impact on other uses in the area as determined by the Director; (b) The addition of uses that are comparable in intensity to those permitted in connection with the rezoning approval or the approval of a Master Development Plan for the PUD as determined by the Director; (c) A change in the parking lot layout, building location or other similar change that conforms with the intent of the previously approved Master Development Plan and Development Standards as determined by the Director; (d) A change in the landscape arrangement or species of plant material proposed for the PUD; (e) A decrease in the density or intensity of the development from that previously approved for the PUD as determined by the Director; (f) Any other change or modification of a similar nature which the Director determines will not have a significant impact on the PUD or its surroundings. (g) A minor modification shall be reviewed and acted upon administratively by the Director. An applicant who disagrees with the Director's decision may appeal that decision to the -"----,."'..."-"~.,.-'---,.,-...,.____.""____."",."..,___,______.....__.. ...___m'......___""_____...__.._____,....._...__.........__,.___~_..______.,.,._,.,.,.___,__.. __..."."..__"____....__ ...." _,._............____.."".._________._,., Page 30 of 31 City Council by filing a written appeal with the Department no later than ten (10) days after the date the applicant receives notice of the Director's decision. B. Major Modification: A major modification includes any modification that does not qualify as a minor modification or which the Director deems necessary or appropriate for further review by the City Council. A major modification shall be processed in accordance with the procedures and standards applicable to a Master Development Plan application. * * * -"".-"-'",--"'".--.,.,--.,----.-"---.,.".~--------.,.-__..._.._____._____...___..__...______."'"_""____m._______....._______..______....__________.______.__m.......____...____________..____......._....__,.._....... Page 31 of 31