§ 137-672. Performance criteria.

The following performance criteria shall be required of all planned unit developments and shall be addressed in the preliminary PUD petition:

(1)

All PUDs shall be equal to or greater than five acres in area.

(2)

The land use mix shall not be of such nature, or so located, so as to be detrimental upon the PUD or upon the surrounding neighborhood.

(3)

The PUD shall have direct access to collector, arterial, or thoroughfare streets.

(4)

A PUD located within a residential area shall only include residential land uses, unless the PUD exceeds 25 acres.

(5)

There shall be established a property owners association which shall adopt bylaws; the association shall hold title to all recreation, common open space, private streets, private utilities, and common areas.

(6)

All recreation, common open space, private streets, private utilities, and common areas which are part of the PUD shall be properly maintained; and adequate assessments shall be made by the property owners association to fund the perpetual maintenance of those facilities.

(7)

All utilities in the PUD shall be placed underground in recorded utility easements.

(8)

The PUD shall include a complete water system, sewer system, and paved roadway system of adequate capacity to handle the needs of the total development. If those systems are to become public property, then they shall be constructed according to the rules and regulations of the board of public works, which may be amended from time to time.

(9)

The PUD shall have adequate greenspace.

(10)

All parking and driving areas shall be properly graded, drained, and paved with a durable, dust-free surface.

(11)

There shall be stormwater drainage capacity for paved and roofed areas which shall conform to the regulations of the board of public works and safety and/or the stormwater drainage regulations.

(12)

The PUD shall be designed in such a manner as to constitute an organized, architecturally harmonious, and efficient development.

(13)

Unless the plan commission deems it necessary, the PUD shall be consistent with the comprehensive plan, which may be amended from time to time.

(14)

If the PUD is to be built in phases, all phases shall be shown.

(15)

Any land use which is specifically permitted by the PUD ordinance, but the building's location is not delineated on the final PUD site plan, shall adhere to the appropriate height, area, and developmental regulations of the most restrictive zoning district in which the use would otherwise be permitted.

(16)

The PUD ordinance, site plan, and subdivision plat shall be filed simultaneously.

(17)

Design review; development plan restrictions. This section shall apply only to new commercial development, new commercial development (separate structures) on existing sites, or total commercial redevelopment or replacement. This section shall not apply to building additions or expansions to existing buildings. All construction shall meet the requirements of chapter 105, design requirements as referenced herein, except that the plan commission shall specifically consider the context of the proposal relative to the nonconforming status of adjacent structures. The plan commission may consider the nonconforming status of adjacent structures in approving waivers in accordance with section 105-39. In accordance with section 105-4, the applicable design requirements are identified as follows:

a.

Section 105-76, architectural materials, further limited as to only apply to those portions of the building visible from the public right-of-way and private collector roads serving multiple properties or businesses. At a minimum, two-thirds of each face of the visible portions of the building must use appropriate architectural materials. The remaining third may consist of other materials as may be determined by the owner/developer of the building. Appropriate architectural materials shall be expanded to include glass, exterior insulation and finish systems (EIFS), decorative concrete block and similar masonry units, painted/stained lap wood siding, and other high-quality materials as may be deemed appropriate by the plan commission. Metal siding and standard concrete block exterior finishes shall be considered inappropriate architectural materials. The color of all exterior architectural finishes shall meet the requirements of section 105-77 as supplemented in subsection (17)b of this section.

b.

Section 105-77, architectural color and textures, further limited as to only apply to those portions of the building visible from the public right-of-way and private collector roads serving multiple properties or businesses. Appropriate colors and textures may be expanded to include bold and contrasting colors subject to the review and approval of the plan commission in accordance with the established intent of the ordinance as documented by section 105-2.

c.

Section 105-108, mechanical equipment.

d.

Section 105-109, vending machines and newsracks. This requirement shall not apply to newsracks located in conjunction with restaurants which meet the required building setbacks of the district. Newsracks located adjacent to other commercial buildings that are designed in concert with the building may also be deemed appropriate by the plan commission.

e.

Section 105-116, dumpster/utility service areas.

f.

The public hearing requirements identified by section 105-31 shall not apply.

(Code 1985, § 159.186; Ord. No. 2947, 10-6-1986; Ord. No. 4584, 5-7-2001)