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May 7, 2019 Clear & Objective Update – Draft Land Use Code Language Page 25 of 32 <br />The change to subsection (a) is related to COM-04 (Overlay Zone Standards) as it would extend the range of the <br />referenced code sections to include all overlay zones. <br />The addition of subsection (k) is related to COM-05 (Planned Unit Development Adjustment/Modification). The <br />proposed change would remove the modification allowance currently allowed under existing subsection (11) <br />below (text to be deleted), but retain the ability to use approved adjustments to show compliance with <br />applicable standards. <br />(97)[All proposed dwellings within the PUD are within 1/4 mile radius (measured from <br />any point along the perimeter of the development site) of an accessible recreation <br />area or open space that is at least 1 acre in size and will be available to residents.] <br />PUDs proposed on development sites that are two acres or larger must <br />comply with either subsection (a) or subsection (b) below: <br />(a)The PUD is located within 1/2-mile of a public park, public recreation <br />facility, or public school (determined using the shortest distance as <br />measured along a straight line between a point along the perimeter of the <br />development site and a point along a property line of a public park, <br />public recreation facility, or public school); or <br />(b)Except as provided in EC 9.8325(8)(b)1, the PUD shall provide common <br />open space within the development site equal to a minimum of 10 <br />percent of the development site or 14,500 square feet, whichever is <br />greater. <br />1.If the PUD includes lot areas smaller than the minimum lot area <br />allowed in the base zone, then common open space must be <br />provided as follows: <br />a.If the average lot area is within 10 percent of the minimum lot <br />area of the base zone, then the PUD shall provide common <br />open space within the development site equal to a minimum of <br />15 percent of the development site or 14,500 square feet, <br />whichever is greater. <br />b.If the average lot area is more than 10 percent below the <br />minimum lot area of the base zone, then the PUD shall provide <br />common open space within the development site equal to a <br />minimum of 20 percent of the development site or 14,500 <br />square feet, whichever is greater. <br />2.Common open space shall be provided in one separate tract of <br />land, except that developments providing more than 29,000 square <br />feet of common open space may include up to three common open <br />space tracts provided no tract is less than 14,500 square feet.. <br />3.Ownership of the common open space tract(s) must be dedicated to <br />all lot or parcel owners within the development site. <br />4.Each common open space tract must include a portion with <br />minimum dimensions of 70 feet by 70 feet. <br />5.Common open space tracts must have a minimum of 20 feet of lot <br />frontage along an existing or proposed public way or private street. <br />6.Common open space tracts do not have to meet lot standards. <br />The above changes to the Tentative PUD approval criteria implement COS-04 (One Acre Assessible Open Space <br />for PUDs). The first change revises the required distance from existing public open space from ¼ mile to ½ mile <br />distance. The remaining revisions implement a scalable on-site open space requirement so that more common <br />open space is required for PUDs proposing to reduce lot area below the minimum base zone standard, and <br />clarify common open space requirements. <br />May 20, 2019, Work Session – Item 2