boyn02½ Chapter 2.5
PLANNED UNIT DEVELOPMENTS
Sec. 1. Intent and purpose
Sec. 2. Definition
Sec. 3. Nomenclature
Sec. 4. Relation of land use intensity (LUI)
ratings to regulations
Sec. 5. Minimum land areas for PUD
Sec. 6. Unified control
Sec. 7. Uses permitted
Sec. 8. Locational standards for PUD's
Sec. 9. Internal PUD standards
Sec. 10. Procedures for zoning of land to PUD
Sec. 11. Preliminary and final development plans
Sec. 12. Plan modification
Sec. 13. Zoning administrator
Sec. 1. Intent and purpose.
A Planned Unit Development District (PUD) is established. It is intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate
and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the city, and the protection of adjacent and existing
and future city development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the city.
Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they
are intended to control development on a lot-by-lot basis. In view of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote and
encourage development in this form where tracts suitable in size, location and character for the uses and structures proposed are to be planned and developed as unified and coordinated
units.
Sec. 2. Definition.
A "planned unit development":
A. Is land under unified control, planned and developed as a whole in a single development operation of an approved programmed series of development operations for dwelling units and
related uses and facilities;
B. Includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part;
C. Is developed according to comprehensive and detailed plans which include streets, utilities, lots, building sites and the like and site plans, floor plans and elevations for all
buildings except for single family homes intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related
to the buildings;
D. Includes a program for full provision, maintenance and operation of such areas, improvements, facilities and unit development, but will not be provided, operated or maintained at
public expense.
Sec. 3. Nomenclature.
The boundaries of land zoned to PUD classification shall be indicated on the official zoning map with the symbol "PUD" together with the land use intensity (LUI) rating assigned at
the time of zoning, which shall be used for such lands.
Sec. 4. Relation of land use intensity (LUI)
ratings to regulations.
The land use intensity (LUI) rating assigned at the time of zoning land to PUD correlates for the project the required land area, floor area, open space, living space, recreation space,
off-street parking and other matters. The various ratios, based on LUI ratings, shall be as shown on Table 1.
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TABLE 1
LUI RATINGS WITH STANDARD RATIOS
LUI LUI LUI LUI LUI
3.00 4.00 5.00 6.00 7.00
Minimum lot area (in
acres)-Residential
uses only: 25 20 15 10 5
Minimum lot area
(in acres)-With
commercial uses: 100 80 60 40 20
Maximum percent of
total land area which
may be used for
commercial purposes: 5 5 6 8 10
Floor area ratio (FAR):* 0.10 0.20 0.40 0.80 1.60
Open space ratio (OSR): 8.00 3.80 1.80 0.80 0.43
Living space ratio (LSR): 6.20 2.60 1.10 0.50 0.27
Recreation space ratio (RSR): 0.25 0.18 0.12 0.09 0.07
*As indicated and referenced by HUD Publication #7.
Minimum standards for multi-family housing shall be those minimum standards as set forth in the Standard Building Code.
Application of above ratios:
FAR H lot area = Maximum permitted floor area.
Actual floor area H OSR = Minimum required open space.
Actual floor area H LSR = Minimum required living space (not for automobiles), part of required open
space.
Actual floor area H RSR = Minimum countable recreation space, part of required living space.
Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory uses except areas for parking, storage, elevator hoist equipment or machinery,
heating or air conditioning equipment, and the like; and requirements deriving from floor areas shall include such floor area.
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Sec. 5. Minimum land areas for PUD.
A tract of land proposed for zoning to PUD at a request LUI rating shall contain minimum acreage in accordance with Table 1 above. Lesser areas than those set out in Table 1 may be
approved for PUD in a specific case upon findings by the planning and development board and the governing body that particular circumstances justify such reduction, that the requirements
for PUD and the benefits to be derived from PUD can be met in such lesser area, and that permitting such lesser area for PUD is in conformity with the comprehensive plan.
Sec. 6. Unified control.
All land included for purpose of development within PUD district shall be under the control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships,
or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PUD. The applicant shall
agree to:
A. Proceed with the proposed development according to the provisions of those zoning regulations and conditions attached to the zoning of the land to PUD;
B. Provide agreements, contracts, deed restrictions and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PUD
and for continuing operations and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at public expense; and
C. Bind their successors in title to any commitments made under A and B above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of
land to PUD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations.
Sec. 7. Uses permitted.
In a PUD District, buildings or structures, or land, or water shall be used only for the following purposes:
A. Single-family dwellings;
B. Two-family dwellings or duplexes;
C. Multiple-family dwellings, townhouses, garden apartments and cluster housing;
D. Private, nonprofit clubs, community centers, civic and social organization facilities;
E. Private parks, tennis courts, playgrounds, putting greens, golf courses, driving ranges and other recreation facilities;
F. Public utility buildings, structures, and facilities necessary to service the surrounding neighborhood;
G. Houses of worship, schools, nursing homes, nursery schools, kindergartens and hospitals;
H. "Neighborhood" commercial uses which are determined at the time of zoning to PUD, to be compatible with the existing and future development of adjacent and nearby lands outside the
PUD;
I. Other uses of a nature similar to those listed, after determination and recommendation by the planning and development board, a determination by the governing body at the time of
zoning that the use or uses are appropriate to the PUD development.
J. Permitted uses for a PUD District shall be specified in the application for zoning of land to PUD classification.
K. Prohibited use. Any structure more than forty-five (45) feet in height and more than four (4) stories.
L. Home occupations consistent with Chapter 2, Section 11.D. are permitted without the necessity of being specified at the time of zoning to PUD.
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Sec. 8. Locational standards for PUD's.
In reaching recommendations and decisions as to zoning land to PUD classification and the LUI rating of such classification, the planning and development board and the governing body
shall apply the following locational standards, in addition to the standards applicable to the rezoning of land generally:
A. RELATION TO MAJOR TRANSPORTATION FACILITIES. A PUD shall be so located as to major roadways or other transportation facilities as to provide direct access to it without creating
or generating traffic along streets in residential areas or districts outside it.
B. RELATION TO UTILITIES, PUBLIC FACILITIES AND SERVICES. A PUD shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities
systems and installations so that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher
net public cost or earlier incursion of public cost than would development in forms permitted under existing zoning in the area.
Such PUD's shall be so located with respect to necessary public facilities (e.g., schools, parks, playgrounds) as to have access to those facilities in the same degree as under existing
zoning, and shall be so located, designed and scaled so that access for public services is equivalent to, and net cost for the services under existing zoning.
C. PHYSICAL CHARACTER OF THE SITE. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of
flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern
of use intended.
Sec. 9. Internal PUD standards.
In addition to the standards set in Section 4, Table 1, of these zoning regulations, the following standards apply within a PUD District.
A. ACCESS. Every dwelling unit, or other use permitted in the PUD, shall have access to a public street either directly or via an approved private road, pedestrian way, court, or other
area dedicated to public or private use, or common element guaranteeing access. Permitted uses shall not be required to front on a dedicated public road.
B. INTERNAL LOTS AND FRONTAGE. Within the boundaries of the PUD, no minimum lot size or minimum yards shall be required; provided, however, that PUD frontage on dedicated public roads
shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the
same as required in the abutting zone.
C. OFF-STREET PARKING AND REQUIREMENTS. Off-street parking shall be in accordance with the off-street parking requirements within Chapter 2, Section 11.H
D. COMMERCIAL STANDARDS. Commercial uses located in a PUD are intended to serve the needs of the PUD and not the general needs of a surrounding area. The maximum area within a PUD
which may be devoted to neighborhood commercial uses, including required off-street parking requirements, is governed by Table 1, Section 4 and Section 9C. Areas designated for commercial
activities shall not generally front on exterior or perimeter streets, and shall be preferably centrally located within the project unless these criteria would be inconsistent with,
or contrary to, adopted redevelopment plans. In instances where a PUD in the Community Redevelopment Area includes commercial uses, it shall be developed consistent with adopted design
guidelines or requirements contained in redevelopment plans.
E. UNDERGROUND UTILITIES. Direct residential and/or consumer service should be by underground installation to the maximum extent practicable. However, primary service to a general
geographic area may be overhead. Appurtenances to these systems which require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement.
Primary facilities
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providing service to the site of the PUD may be excepted.
F. RIGHTS-OF-WAY. The minimum width of a right-of-way for a principal street in a PUD is forty (40) feet. Privately owned streets providing secondary vehicular circulation internal
to the PUD may be considered for approval with rights-of-way and pavement widths less than the requirements state in the city’s Land Development Regulations; however, in no case shall
health, safety, welfare, or efficiencies of public services be jeopardized.
(Ord. No. 99-17, § 1, 6-15-99; Ord. No. 01-10, § 3, 2-6-01; Ord. No. 05-031, § 2, 7-19-05; Ord. No. 05-059, § 1, 10-5-05)
Sec. 10. Procedures for zoning of land to PUD.
The procedures for zoning of land to PUD classification with a specific LUI rating shall be the same as for zoning land generally. Because of the differences between PUD developments
and the concept of unified control in development, however, the following procedures and requirements shall apply to applications for zoning to PUD classification, in addition to the
general requirements:
A. APPLICATIONS; MATERIALS TO BE SUBMITTED. In addition to information required for application for zoning generally, the applicant shall submit the following materials or data:
1. Legal documents assuring unified control of the proposed PUD and the agreements required under Section 6.
2. A statement as to the LUI rating sought for the PUD and such supporting evidence or documentation as the applicant may feel is pertinent to enable the planning and development board
and the governing body to determine whether or not the LUI rating requested is reasonable and proper.
3. A site development plan containing:
a. The title of the project and the names of the professional project planner and the developer;
b. Scale, date, north arrow and general location map;
c. Boundaries of the property involved, all existing streets, buildings, water courses, easements, section lines and other existing important physical features in and adjoining the
project;
d. Master plan locations of the different uses proposed by dwelling types, open spaces designations, recreational facilities, commercial uses, other permitted uses, and off-street
parking and off-street loading locations;
e. Master plan showing access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic;
f. Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several dwelling types, other permitted uses, recreational facilities,
streets, parks, schools and other reservations;
g. Tabulations demonstrating the relationship of the development to proposed LUI rating as shown in Table 1, Section 4, and proposed numbers and types of dwelling units; and
h. Where required by the area planning board, an environmental impact study shall be supplied.
4. A statement showing modifications of zoning or other applicable city regulations where it is intended by the applicant that such modification serves the public interest to an equivalent
degree.
B. PROCEDURES. On application for zoning of land to PUD classification, the planning and development board and governing body shall proceed in general as for other applications for
zoning of land giving special consideration, however, to the following matters and requirements, and allowing changes in the zoning application prior to the required planning and development
board public hearing, as follows:
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1. Pre-hearing conference with applicants. On request by the applicant, the city planning consultant and representatives of such other city departments as may be pertinent, shall
meet with the applicant or his agent to review the original application, including all plans, maps and documents submitted by the applicant. The purpose of such pre-hearing conferences
shall be to assist in bringing the overall petition as nearly as possible into conformity with these or other regulations applying generally to the property involved and/or to define
specifically those variations from application of general regulations which appear justified in view of equivalent service of the public purposes of such regulations.
In the course of such pre-hearing conferences, any recommendations for changes shall be recorded in writing and shall become part of the record in the case. All such recommendations
shall be supported by stated reasons for the proposal for change. The applicant shall state in writing his agreement to such recommendations, or his disagreement, and if there is disagreement,
shall in writing indicate his reasons therefor, and such responses by applicant shall be included in the record.
At such time as further conferences appear unnecessary or at any time on the request of applicant, public notice shall be given and the hearing before the planning and development
board held as for other applications for zoning, but the notice and hearing shall be on the petition as it may have been amended following the pre-hearing conferences rather than as
originally submitted.
2. Planning and development board findings and recommendations. After public hearing, the planning and development board may recommend to the governing body that the PUD zoning be
granted, subject to stated stipulations and condition, or disapproved. In making its recommendations, the planning and development board shall find that the plans, maps and documents
submitted by the applicant and presented at the public hearing do or do not establish that the applicant has met the requirements of Section 4 of these regulations applicable to zoning
generally, and in addition:
a. The requirements of unified control and agreement set out in Section 6;
b. The locational standards set out in Section 8;
c. The internal PUD standards set out in Section 9;
d. The tract for the proposed PUD is suitable in terms of its relationships to the city comprehensive plan and that the area surrounding the proposed PUD can continue to be developed
in coordination and substantial compatibility with the PUD proposed, including overall dwelling unit density and peripheral transitions in such density;
e. That the desirable modifications of general zoning or PUD regulations as applied to the particular case, justify such modification of regulations and meet to at least an equivalent
degree the regulations modified, based on the design and amenities incorporated in the site development plan;
f. That increased open space is provided for the occupants of the proposed PUD and the general public, and desirable natural features indigenous to the site are preserved in the development
plan presented.
C. CONDITIONS AND STIPULATIONS. In recommending zoning of land to PUD classification, the planning and development board may recommend and the governing body may attach suitable conditions,
safeguards and stipulations, in accord with standards set out in these zoning regulations and in this section. If the preliminary development plan and final development plan as set
out in Section 11 below has not been commenced within eighteen (18) months of the date of zoning of land to PUD, then the approval of rezoning shall be subject to review by the City
Commission. The City Commission shall direct staff to submit to the City Commission an application which will down zone the property to the original or appropriate zoning district.
Following such direction by the City Commission, no new development permits affecting the property shall be issued by the city until a final determination is made by the City
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Commission following notice and public hearing. Upon written request of the applicant prior to the expiration of the PUD classification, the City Commission may extend for one (1) additional
year the period for commencing platting procedures. In granting such extension the City Commission may impose additional conditions to ensure completion of the platting process and
conform the project to current development standards, and to protect the health, safety and welfare of adjacent developments.
If the preliminary development plan and final development plan as set out in Section 11 below has not been commenced within eighteen (18) months of the date of zoning of land to PUD,
then the PUD classification and LUI rating shall revert to original or highest zoning. A new plan approval shall be required with procedures as for a new application for zoning (including
payment of fees) and no such new application shall have the effect of increasing the LUI rating as previously applied.
Sec. 11. Preliminary and final development
plans.
Plans for development of land zoned to PUD shall be processed in accordance with procedures established in the city Land Development Regulations. The same information and date shall
be in substantial compliance with the site development plan submitted as a part of the application for zoning to PUD. In addition to the requirements of the Land Development regulations
determined to be applicable, the following information shall be provided:
A. BUILDING LOCATIONS AND ARCHITECTURAL DEFINITIONS of all structures proposed except for single family homes which are a part of the project shall be depicted on the preliminary plan
or plat and the supplementary materials required.
B. MASTER LANDSCAPE plan depicting existing and proposed vegetation and locations thereon on the site.
C. FENCE, WELL AND PLANTING SCREEN locations, heights and materials.
D. TABULATIONS analyzing the number of total gross acres in the project and the percentages thereof proposed to be devoted to the several dwelling types, other nonresidential uses,
off-street parking and off-street loading, streets, recreation areas, parks, schools and other reservations. Tabulations of total number of dwelling units in the project by types and
the overall project density in dwelling units. These tabulations shall demonstrate relationship to the LUI rating, Table 1, Section 4 of these zoning regulations.
Once preliminary development plan and plat approval has been obtained the applicant shall proceed in accordance with the requirements of the subdivision regulations, determined to be
applicable. In addition to the plat certificates specified in the city subdivision regulations and prior to recording a final plat, the developer shall file, as specified at the time
of zoning, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities; including streets, drives, parking areas
and open space and recreation facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documents
shall be subject to the approval of the city attorney.
(Ord. No. 96-52, § 1, 1-21-97)
Sec. 12. Plan modification.
Master plans approved during the process of rezoning to PUD may be considered for modification upon application to the director of planning and zoning, submission of acceptable documentation,
and payment of the master plan modification fee. The modification will be first reviewed by the planning and zoning department to determine whether the modification is consistent with
not only all current regulations but also the intent and purpose of the comprehensive plan; and to determine whether the change is substantial.
Upon completion of the administrative review, findings will be forwarded to the planning and development board which will review all submitted documents as well as staff comments with
all the authority, functions, powers and duties vested in it by
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Chapter 1.5, Article I, Section 4 of the Land Development Regulations.
The planning and development board shall recommend to the City Commission that they approve the modification unconditionally, approve the modification with conditions and/or recommendations,
or deny the modification. The board shall also recommend to the City Commission that the modification be considered either major or minor.
Upon completion of the planning and development board review, findings will be forwarded to the City Commission. The City Commission will first determine whether the modification is
major or minor. If the Commission finds the modification to be major, the request will be returned to the applicant for processing as a new zoning application. The determination of
what constitutes a substantial change shall be at the sole discretion of the Commission. If the Commission determines that the modification is minor, it will review all submitted documents
as well as staff comments and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally, approve the minor modification
with conditions, or deny the minor modification.
Non-substantial (minor) modifications will not extend time limitations for development of property as stipulated in LDR Chapter 2, Section 9, paragraph C13.
(Ord. No. 96-52, § 2, 1-21-97)
Sec. 13. Zoning administrator.
Building permits. No building permit or certificate of occupancy or zoning compliance shall be issued in or for development in a PUD district except in conformity with all provisions
of the zoning or PUD classifications and plans submitted under Section 11 of these zoning regulations.
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