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Planned unit developments encourage the best possible site plans and building

arrangements under a unified plan of development rather than on a lot-by-lot basis. The

developer benefits from better land utilization, economy in the provision of roads and

utilities and flexibility in design. The city gains the advantages of variety in building types,

compatibility of uses and optimum community development. Review of the development

plan by the Planning and Development Commission, the Zoning and Review

Commission, and the City Council provides an opportunity to assure that the

development will be in harmony with the character of the neighborhood in which the

development is located.

buildings to be constructed on a tract or several tracts of land of the minimum size

established in Section 903. The purpose of the planned unit development shall be to:

1. Provide for unified approaches to the development of land;

2. Provide for a simplified process of enabling development which would otherwise

require numerous applications for variations from the provisions of the zoning

code;

3. Provide for the development of stable environments that are compatible with

surrounding areas of the community; and

4. Assure the provision of park and recreation land and facilities for the use of the

occupants of the development.

All of the land in a planned unit development shall be owned initially by an individual, by

a corporation or by some other legal entity. Individual properties in a planned unit

development may be sold after a final plat has been recorded with the properties subject

to private deed covenants that assure the continuance of the planned unit development

as originally approved and developed. Cottage Housing shall be developed as

condominiums and is not allowed as small lot subdivisions.

All planned unit developments shall meet the following standards and such other

requirements as are set forth with respect to each of the four (4) permitted types of

planned unit developments:

A. Types of planned unit developments. The following types of planned unit

developments are authorized by this ordinance. They are required to have the

minimum footage indicated.

1. Planned residential developments: 20,000 square feet

2. Cottage housing developments: 11,616 square feet

3. Planned mixed-use developments: 40,000 square feet on multiple parcels

4. Planned commercial development: 2 acres

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B. Development Standards.

1. The development shall utilize design and development features that would not be

possible by the application of lot-by-lot zoning district regulations.

2. Site planning. Site planning in the proposed planned unit development shall give

consideration to the topography; it shall be compatible with the topography of the

land and shall preserve any unusual and valuable natural features.

3. The development shall not adversely affect developed or undeveloped

neighboring properties; it should consider the location of structures, screening,

setbacks and street design in the evaluation of the relationship of the

development to its surrounding areas.

4. Service and emergency access. Access and circulation shall adequately provide

for firefighting and other emergency equipment, service deliveries and refuse

collection.

5. Infrastructure. Provision shall be made for acceptable design and construction of

storm sewers and stormwater retention facilities, as required by Chapter 19 of

the City Code and by DeKalb County. Transportation and school facilities shall

be adequate for the proposed development or there shall be a definite proposal

for making them so. All planned developments are required to connect to

city/county water and sewer system.

6. Covenants. The planned unit development shall include such covenants and

legal provisions as will assure conformity to the achievement of the plan

C. Conformance with existing zoning.

a. Planned Residential Developments may be located within the NR-2, NR-3,

and NR-CD Zoning Districts.

b. Planned Commercial Developments may be located in the NC-1. NC-2, RC,

and TC Zoning Districts.

c. Planned Mixed Use developments may be located in the NC-1, NC-2, NR-CD

and TC Zoning Districts.

proposed development is located shall be permitted in the planned unit

development.

provisions of the Future Development Plan.

development is located shall be met.

exceed the density of the zoning district in which it is located. Cottage housing

developments may attain the density as provided herein.

provisions of Chapter 15.5 of the Clarkston City Code.

zoning ordinance shall be met.

less than five (5) feet in width and buffer requirements of this ordinance shall be

met.

underlying district shall be met.

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The following regulations apply to Cottage Housing Developments (CHDs):

A. CHDs are allowed in the following zoning districts: Neighborhood Residential-3 (NR-

3) and Neighborhood Residential- Community Development (NR-CD)

B. The following requirements shall apply to all CHDs.

1. Density and minimum lot area.

a. In CHDs the permitted density shall be one dwelling unit per 2,904 SF of lot

area (15/acre).

b. The minimum lot area for a CHD shall be 11,616 square feet.

c. Cottage homes shall be developed in clusters of minimum 4 to a maximum of

12 homes.

2. Height limit and roof pitch.

a. The height limit permitted for structures in CHDs shall be 18 feet.

b. The ridge of pitched roofs with a minimum slope of six to twelve may extend

up to 25 feet. All parts of the roof above eighteen feet shall be pitched. These

heights are intended to allow maximum one and one half story homes.

3. Lot coverage and floor area.

a. The maximum first floor or main floor area for an individual principal structure

in a CHD shall be as follows:

b. The total floor area of each cottage shall not exceed 1000 square feet.

4. Yards.

a. Front Yards. Shall be an average of 10 feet and at no point shall be less than

5 feet. When fronting a public street, the front yard must be 15 feet.

b. Rear yards. The minimum rear yard shall be 10 feet.

5. Required open space.

a. A minimum of 400 square feet per unit of common open space is required.

b. At least 50% of the cottage unit shall abut the common open space, all of the

cottage units shall be within 60 feet walking distance of the common open

space, and the common open space shall have cottages abutting at least two

sides.

c. Cottage home units shall be oriented around and have covered porches or

main entry from the common open space.

6. Parking. Parking spaces for each cottage home unit shall be provided as follows:

a. Units that exceed 650 square feet on main floor: 2.0 spaces

Units that do not exceed 650 feet on main floor: 1.25 spaces

b. Location. Parking shall be located on the CHD property. It may be located in

a structure, under a structure, or outside a structure provided that:

i. Parking is screened from direct street view by one or more building

facades, by garage doors, or by a fence and landscaping;

ii. Parking is not located in the front yard;

iii. Parking is only allowed between structures when it is located toward the

rear of the principal structure and is served by an alley or private

driveway;

iv. Parking may be located between any structure and the rear lot line of the

lot or between any structure and a side lot line which is not a street side

lot line.

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7. Additional Requirements.

a. Cottage homes shall have a covered porch at least 60 square feet in size.

b. All structures shall maintain 10 feet of separation within the cluster.

c. The Owner’s Association maintains all buildings. Such a Condominium Plan

allows owners exclusive rights to private yard similar to home interiors.

MAINTENANCE OF PLANNED DEVELOPMENTS

within private deed covenants running with the land to assure the continuance of the

planned residential development in accordance with approved plans and

recorded legal covenants has been submitted to the City.

(commencement and completion dates) for a planned residential development

project that has identified, logical geographical sections or pods; a construction

phasing plan shall be reviewed by the Clarkston Zoning and Review Commission

may be recommended to the City Council by the Zoning and Review commission

and approved by the Mayor and City Council to be reasonably required to assure

performance in accordance with the planned development plan and to protect the

public interest in the event of abandonment of said plan before completion.

residential or cottage housing development fails to maintain the common open space

property, the City may serve written notice upon the property owners' association

and upon the residents and owners of the planned development setting forth the

manner in which the organization has failed to maintain the common open space in

reasonable condition. Said notice shall include a demand that such deficiencies of

maintenance be corrected within thirty (30) days thereof, and shall state the date and

place of a hearing thereon which shall be held within fifteen (15) days of the notice.

to preserve the taxable values of the properties within the planned development

and to prevent the common open space from be coming a public nuisance, may

enter upon said common open spaces and maintain the same for one year and

thereafter until the property owners' association is prepared to provide proper

maintenance.

properties within the planned residential or cottage development that have a right

of enjoyment of the common open space and shall become a tax lien upon said

properties. The city at the time of entering upon said common open space for the

purpose of maintenance, shall file a notice of such lien in the office of the county

tax assessor upon the properties affected by such lien within the planned

residential development.

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The following procedures shall be followed in the establishment of a planned unit

development.

application, the applicant may meet with the Clarkston Planning and Development

Commission for a preliminary conference on the location, scope and nature of the

proposed development. A written report on the pre-application meeting shall be

prepared and transmitted to the applicant and to the Mayor and City Council of

Clarkston for their information.

development shall be made by the applicant to the City Clerk.

such other materials as the Zoning and Review commission and Mayor and City

Council may require to determine whether the proposed development meets the

required standards.

a. Plans in accordance with the requirements of Section 302 of this Zoning

Ordinance

b. Other applicable information regarding the relation of the proposed

development to surrounding development and roads, as well as common

open space proposed on the site.

c. A preliminary outline of proposed protective covenants, including provisions

for the organization and continued financing of a property owners' association

except in commercial planned unit developments.

d. Any statistical tabulations required to show that the proposed development

meets the specific requirements of the proposed planned unit development.

e. If the proposed planned unit development is to be subdivided, then the

application for approval of the planned unit development shall include all

information required for the preliminary approval of a subdivision under

Chapter 17, subdivision regulations, of the City Code.

completeness. Once certified complete, the application shall be transmitted to the

Planning and Development commission for review and recommendation to the

Mayor and City Council.

1. Within thirty (30) days of receipt of the formal application and all required

information, the Planning and Development Commission shall review the

proposed development for conformance to this ordinance and for achievement of

the purposes of this section and shall make a written recommendation for

approval or disapproval to the Mayor and City Council.

2. At the time of transmittal of its recommendation to the City Council, the Planning

and Development Commission shall forward the application to the Zoning and

Review Commission for subsequent review and recommendation to City Council

and Mayor.

within thirty (30) days after it has received the proposed planned development

application, it shall be deemed to have recommended approval to the Mayor and

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shall be sent to the Mayor and City Council. In any case, all materials concerning

the proposed planned unit development shall be forwarded to the Mayor and City

the Zoning and Review Commission has conducted an application review and

application and materials for a public hearing.

1. If the proposed planned unit development is deemed acceptable for further

consideration, the City Council shall hold a public hearing thereon. The notice of

the time and place of such hearing shall be published at least fifteen (15) days

prior to the hearing in the official legal organ of the city or in the official legal

organ of DeKalb County. At the hearing, any party may appear in person or by

agent or attorney.

2. In addition, the City shall erect in a conspicuous place on the property involved a

sign which shall contain information as to the Planned Unit Development applied

for and time and place of the hearing. Failure to erect and maintain the sign as

specified above shall not invalidate the subsequent determination of the Mayor

and City Council.

3. Within forty-five (45) days after the public hearing the Mayor and City Council

shall approve or deny the planned unit development. The Mayor and City Council

period but the final decision shall be made not later than sixty (60) days from the

public hearing.

E. General standards for approval. Planned unit developments may be approved

subject to such conditions as may be imposed in order to mitigate impacts which

may be expected without the imposition of conditions. The following general

standards shall be considered in determining whether the planned unit development

shall be approved:

1. Is the proposed development suitable in view of the use and development

of adjacent and nearby property?

2. Does the proposed development adversely affect the existing use or

usability of adjacent or nearby property?

3. Does the proposed development result in a use which will or could cause

an excessive or burdensome use of existing streets, transportation

facilities, utilities or schools?

4. Are there other existing or changing conditions which, because of their

impact on the public health, safety, morality and general welfare of the

community give supporting grounds for either the approval or denial of the

proposed development?

development by the Mayor and City Council authorizes the applicant to prepare a

preliminary land subdivision plat when applicable. A copy of this authorization

together with a copy of the materials submitted by the applicant shall be sent to the

Zoning and Review Commission.

1. No site development shall be undertaken by the applicant and no permits shall

be issued to him/her until the preliminary land subdivision plat has been officially

approved by the Zoning and Review Commission and the Mayor and City

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Council in accordance with the Clarkston land subdivision regulations (Chapter

17 of the City Code).

2. A final land subdivision plat shall be prepared by the developer after approval of

the preliminary plat.

3. If the final land subdivision plat meets the requirements of Subdivision

Regulations of the City of Clarkston, it shall be approved by the Clarkston Zoning

and Review Commission and the Mayor and City Council and recorded in

accordance with land subdivision regulation procedures.

G. Modification of approved planned unit developments: The Mayor or his/her designee

shall have sole authority to approve minor changes to approved planned unit

developments. For the purposes of this section, a minor change in the approved

planned unit development means a slight alteration to a planned unit development or

change in layout that does not result in the visible intrusion of any building, structure,

driveway, walkway, parking lot, plaza, wall or similar built element into any open

space, yard, landscaped buffer, undeveloped space, or any similar space, when any

such space is shown on the final “conditional” plan as being next to and visible from