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13340ORDINANCE NO 13,340 AN ORDINANCE PROVIDING FOR THE INCLUSION OF A PLANNED UNIT DISTRICT IN SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. There is hereby created a Planned Unit Development District within the City of Little Rock to be included in Section 43 of the Code of Ordinances as Article VII, and shall read as follows: 1 1 1 n L fl ARTICLE VII PLANNED UNIT DEVELOPMENT DISTRICTS Section 43-48-10 -- Statement of Legislative Purpose and Intent The intent of Article 7 of the Zoning Ordinance is to permit the combination of subdivision and zoning review for parcels of land into one process in order that all aspects of a proposed development can be reviewed and acted upon simultaneously. It is also the intent of this article to permit the use of general guidelines rather than fixed zoning or subdivision regulations in the administrative review of specific development plans. In this way applicants may be granted relief from specific regulations and may be awarded certain premiums in return for assurances of overall planning and design quality or which will be of exceptional community benefit ittand which are not ing now required by other regulations. By permitting the use of such procedures the Planning Commission and Board of Directors will be able to make more informed land use decisions and thereby guide development more effectively in the best - interest of the health, safety and welfare of the municipality. Specifically, the purposes of Article 7 are to encourage: A. Superior development and redevelopment which is more desirable than that which would occur through strict application of the Zoning and Subdivision Ordinances; B. Provision of more usable and suitably located open space, recreation areas and other common facilities than would otherwise be required under conventional land development regulations; C. Maximum enhancement and minimal disruption of existing natural features and amenities; D. Comprehensive and innovative planning and design of diversified yet harmonious developments consistent with the Urban Development Goals and the Municipal Plan; r E. More efficient and economic arrangement of varied land use, buildings, circulation systems, and facilities; L F. Project phasing that will ensure the balanced and coordinated development of varied land ruses and public facilities and services needed to supp o A e t J v j f� I u L G. Better utilization of sites characterized by special features of geographic location, topography, size, or shape; H. Preparation of more complete and useful information which will enable the Planning Commission and Board of Directors to make more informed decisions on land use; I. Flexible administration of general performance standards and development guidelines. SECTION 43 -48.11 -- Definitions In the use of this article, the following definitions shall prevail: "Authorized Agent" -- a person or persons authorized by the landowner to act in his behalf. "Building Coverage" -- the land area covered by dwelling units, garages, carports and recreation buildings, including covered balconies, porches and other architectural projections, but not including roof overhangs, open balconies and uncovered porches. "Common Usable Open Space" -- that portion of land or an area of water or a combination of land and water within the site designated for a planned unit development and designed and intended for use and enjoyment of residents and owners of the planned unit development,and easily accessible to all the - residents. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the planned unit development,but shall not include parking lots, streets and other areas designed primarily for other than common recreational or open space use. "Conditional uses" -- uses permitted subject to special conditions as determined by the Planning Commission and as outlined in the Zoning Ordinance. Uses shall include all auto oriented uses including service stations, commercial parking establishments, drive -in financial institutions, restaurants and other special uses which may be defined in Article 1, Section 43.1 and 43.2 of the Zoning Ordinance. "Docket Closing" -- that date established by the Planning Commission by which all planned unit development applications must be filed to be heard by the Commission at their subsequent meeting. "Gross Acreage" -- the total acreage of the proposed development including areas designated for streets, rights -of -way and other public area facilities. "Gross leasible area" -- revenue producing portion of a structure. -2- L FJi u D ii n u n "Gross floor area" -- that portion of a building measured by Ca—king the outside dimensions of the building of each floor level, except that portion of the basement areas used only for utilities or storage and any areas within the building used for off - street parking. "Guideline" -- a general standard not intended to be fixed or absolute by which a development may be evaluated. "Homeowners Association" -- an organization composed of `residents within the Planned Unit Development which may own common property and is responsible for the maintenance and management of that commonly owned property. "Incidental Neighborhood Convenience Commercial /Quiet Office -- uses designed primarily for the benefit of planned unit development residents, including retail outlets and service establishments dealing primarily with convenience goods and services together with other uses defined in the Zoning Ordinance. Such areas shall be generally surrounded by the planned unit development and have no establishment exceeding 5,000 square feet in gross leasible area. "Land Owner" -- either the owner or owners of record for all the land proposed to be included in a planned unit development or the holder of a contract or option to purchase the property to be included in the Planned Unit Development. "Municipal Plan" -- the City's comprehensive plan incorporating land use, circulation, and other plans and policies as deemed appropriate by the City and as provided in Arkansas State Law. "Net acreage" -- the gross acreage of the planned unit development less all areas set aside for street right -of -ways or other public facilities. "Owner of record" -- person or persons having' title to a piece of property. "Perimeter lot" -- any lot within the planned unit development adjacent to the boundary street right -of -way. "Permitted uses" -- those uses allowed in Article I, Section 43.1 and 43.2 of the Zoning Code, and not including conditional uses as defined in this ordinance. "Planned Unit Development" -- a parcel or parcels of land proposed for development as a single entity and which may include dwelling units, commercial, office, industrial or any combination thereof under the provisions of this Article 7 of the Zoning Ordinance. "Private usable open space" -- an area of land owned by a property owner and available for his private use and enjoyment which may include outdoor usable areas such as decks, roofs, and yards. -3- I "Public Improvements" -- community owned facilities including storm drainage, streets, parks and public utilities. Urban development goals ,, -- the goals adopted by the Board of Directors in April, 1976, for the purpose of guiding future land use and development decisions. ISECTION 43 -48.20 -- PLANNED UNIT DEVELOPMENT ZONING DISTRICTS In addition to zoning districts established in Article I, Section 43.2 of the Zoning Ordinance, three types of planned unit development zoning districts are established and shall be designated on the Zoning District Map upon application of the landowner and approval by the Board of Directors of the preliminary plan and approval of the final development plan by the Planning Commission. These three zoning districts are described in the following three sections. Section 43 -48.21 -- Planned Residential District (PRD) This district is intended to accommodate mixed or clustered residential developments. The legislative purpose, intent, and application of residential planned unit developments are as follows: A. To encourage a variety and flexibility in land development and land use for predominantly resi- dential areas, consistent with the long -range com- prehensive general plan and the orderly development of Little Rock. B. To provide a framework within which an effective relationship of different land use and activities can be planned on a total basis. C. To provide a harmonious relationship with the sur- rounding development, minimizing such influences as land use incompatabilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. D. To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. E. To encourage the efficient use of those public facilities required in connection with new residential development. 1. Permitted uses in this district shall include: A. All residential uses permitted by the municipal plan and compatible with the density of the area. -4- 1 2. B. Parks, recreation facilities, and open space. C. Public and institutional uses such as schools, churches, and public utilities. D. Incidental Neighborhood convenience commercial and quiet office /professional uses with gross leasible area not to exceed 4% of total gross floor area in the development. Conditional uses as defined in this ordinance and subject to special review, conditions, and approval. ISection 43 -48.22 -- Planned Commercial /Mixed Use District (PCD) This district is intended to accommodate shopping centers and commercial /office park developments, and mixed use developments combining residential, commercial, and office uses in a carefully planned configuration in such a manner as to protect and enhance the viability of each independent use. The legislative purpose, intent, and application of commercial planned development are as follows: E. To facilitate residential development in a multi -use configuration incorporating commercial and office uses. F. To accommodate large scale suburban developments combining commercial office and residential uses in a harmonious relationship. 1. Permitted uses in this district shall include: A. Retail commercial uses B. Public and institutional uses -5- A. To encourage the clustering of commercial and office activities within areas specifically designed to accommodate the uses and to discourage the prolifera- tion of commercial uses along major thoroughfares and non - commercial areas. B. To provide for the orderly development of commercial ' and office activities in order to minimize adverse impact on surrounding areas and on the general flow of traffic. C. To encourage orderly and systematic commercial /office and mixed use development design providing for the rational placement of activties, vehicular and pedestrian circulation, access and egress, loading,landscaping, and buffer strips. D. To encourage commercial development which is consistent with the long -range comprehensive, municipal plan for Little Rock. E. To facilitate residential development in a multi -use configuration incorporating commercial and office uses. F. To accommodate large scale suburban developments combining commercial office and residential uses in a harmonious relationship. 1. Permitted uses in this district shall include: A. Retail commercial uses B. Public and institutional uses -5- C� 1 2. C. Office uses D. Light industrial uses provided that gross area per use generally does not exceed 5,000 square feet and that at least 50% of the floor area is used for retail sales. E. Substantial residential uses appropriate to the scope and character of the development. Conditional uses as defined in this ordinance and subject to special review, conditions and approval. 1. Permitted uses in this district shall include: A. Office and commercial uses to a maximum of 50% of the gross acreage of the development. B. Light industrial uses. C. manufacturing uses. D. Warehousing uses. 2. Conditional uses as defined in this ordinance and subject to special review, conditions and approval. ISECTION 43 -48.30 -- ELIGIBILITY REQUIREMENTS AND STAGING The three standards of eligibility which must be met are location, ownership, and size. Projects may be staged at the option of the developer. Section 43 -48.31 -- Location Eligible properties include those located within the Little Rock City limits and lands outside the corporate limits Section 43 -48.23 -- Planned Industrial District (PID) This district is intended to accommodate industrial parks. The legislative purpose, intent, and application of industrial planned unit development are as follows: A. To provide both opportunity and flexibility for manufacturing activities to take place at appropriate locations in a compatible manner with surrounding non - manufacturing areas. B. To encourage the application of sound planning and design principles in the orderly development of manufacturing activities. C. To maximize manufacturing potentialities of the community without adversely affecting its living environment. 1. Permitted uses in this district shall include: A. Office and commercial uses to a maximum of 50% of the gross acreage of the development. B. Light industrial uses. C. manufacturing uses. D. Warehousing uses. 2. Conditional uses as defined in this ordinance and subject to special review, conditions and approval. ISECTION 43 -48.30 -- ELIGIBILITY REQUIREMENTS AND STAGING The three standards of eligibility which must be met are location, ownership, and size. Projects may be staged at the option of the developer. Section 43 -48.31 -- Location Eligible properties include those located within the Little Rock City limits and lands outside the corporate limits over which the City exercises zoning jurisdiction as permitted by Arkansas statutes. Section 43 -48.32 -- Ownership Eligible applicants for preliminary plan review must be the landowners of record, holders of a lease for not less than 50 years, or their authorized agent and beneficiaries of all properties in question. Before approval of the final development plan, the applicant(s) shall be the owner(s) of record or holders of a lease for not less than 50 years. The approved final development plan shall be binding on all subsequent owners of the land until revised or repealed as authorized in this article. Section 43 -48.33 -- Minimum Size l Eligible properties must normally be 2.0 acres or larger in size (gross acreage). Slightly smaller parcels may be eligible, provided the applicant can show that the proposed planned unit development can meet the intent and regulations of this article without injury to the public health, safety, 1 and welfare. Section 43 -48.34 -- Staging While this ordinance encourages submission of comprehensively planned development proposals of entire ownerships, a preliminary development plan need not cover the entire property owned by the applicant. Applicants may choose to submit a phased development program incorporating incremental final development plans for sub -areas of the entire ownership. Where this is done the applicant shall adhere to the approved development schedule for the phased submission of final development plan. If the applicant cannot adhere to the time period approved, he may submit a written request for extension from the Planning Commission. A maximum of two one -year extensions may be granted by the Planning Commission which, upon demonstration of good cause, shall not unnecessarily withhold approval. Additional extensions shall require approval of the Board of Directors. SECTION 43 -48.40 -- APPLICATION REVIEW PROCEDURE The Planned Unit Development application procedure shall consist of three phases; a pre - application conference with the staff of the Office of Comprehensive Planning; a preliminary development plan reviewed by the Planning Commission and Board of Directors; final development plan approved as a whole or in phases by the Planning Commission following its review for compatibility -7- l D with the preliminary development plan. The final development plan shall be approved prior to the issuance of any building permits within any portion of the planned unit development. Section 43 -48.41 -- Pre - Application Conference Before submitting an application for any planned unit development, the landowner or his authorized agent shall confer with the staff of the Office of Comprehensive Planning in order to become familiar with the planned unit development review process. The staff will inform the applicant of any perceived potential problems that might arise. A further purpose of the pre - application conference is to make sure that the applicant has, or will be able to, submit the necessary information for filing the application. The intent of this conference is to provide guidance to the applicant prior to incurring substantial expense in the preparation of plans, surveys, and other data required in a preliminary development plan. After the pre- application conference, the proposed development may be heard before the Planning Commission as an informational item. Section 43 -48.42 -- Preliminary Development Plan Review An applicant seeking the Planned Unit Development rezoning of a parcel of property shall submit to the Planning Department a preliminary development plan and all the necessary fees at the time of the filing. The preliminary development plan will be reviewed by planning staff and affected city departments, and their recommendations shall be forwarded to the Planning Commission. A public hearing for the preliminary plan shall be set not later than sixty (60) days after filing and shall be legally advertised as specified in the Zoning Ordinance. At the public hearing before the Planning Commission, the applicant and interested citizens will have the opportunity to discuss the merits of the planned unit development proposal. The Planning Commission will assess the proposal in light of ordinance guidelines and will take action after weighing the recommendations of the staff, the developer's presentation, and the community's response. The Commission shall approve, grant approval conditioned on specified modifications, or disapprove the planned unit development proposal. The applicant will receive written notification of the action taken by the Planning Commission within ten days of the meeting date. A. APPROVAL If the preliminary development plan is approved by the Planning Commission, it will be forwarded to the Board of Directors for their review. The Board of Directors may grant, deny, defer for requested changes or information, or return the application to the Planning Commission for further study. The Board may direct the Planning Commission to reconsider specific aspects of the preliminary development plan. If preliminary development r! F� plan is approved, the City Attorney shall prepare a conditional ordinance making the necessary zoning amendments. This ordinance shall not take effect until specified conditions or modifications are met and until the Planning Commission approves a final development plan which does not include substantial changes from the approved preliminary development plan. The zoning change to a tentative planned unit development classification does not constitute the recording of a plat or authorize the issuance of a building permit. Both of these actions are contingent on approval of the final development plan. If the preliminary application is approved, a post preliminary application conference shall be held between the applicant and the staff. This conference will be held to discuss what changes were required by the Board of Directors. The staff will inform the applicant of any plan alteration or additional information which must be submitted for the final development plan review. C. REJECTION If a preliminary development plan is denied, the applicant may appeal to the Board of Directors, provided a written request is filed within thirty (30) days of the denial by the Planning Commission. The appeal process shall be consistent with the Sec. 43 -29 of the City Code of Ordinances. ISection 43-48.43 -- Final Development Plan The applicant shall generally have one year from the date of preliminary plan approval to submit the final development plan. In cases where a phased preliminary development plan is approved, an approved submission schedule for incremental final development plans shall be followed. Requests for extensions shall be submitted in writing to the Planning Commission, which shall not unreasonably withhold approval. A maximum of two one -year B. MODIFICATION If the preliminary development plan is con - ditionally approved, the applicant shall have ninety (90) days from the date of the Planning Commission action granting conditional approval, to submit a revised preliminary development plan. If the planning staff determine such revisions are in conformance with -the Planning Commission's specific recommendations, it shall be forwarded to the Board of Directors for public hearing and disposition. If the revisions are determined not to be in conformance with the intent of the conditional approval, the revised preliminary development plan will be resubmitted to the Planning Commission for public hearing. C. REJECTION If a preliminary development plan is denied, the applicant may appeal to the Board of Directors, provided a written request is filed within thirty (30) days of the denial by the Planning Commission. The appeal process shall be consistent with the Sec. 43 -29 of the City Code of Ordinances. ISection 43-48.43 -- Final Development Plan The applicant shall generally have one year from the date of preliminary plan approval to submit the final development plan. In cases where a phased preliminary development plan is approved, an approved submission schedule for incremental final development plans shall be followed. Requests for extensions shall be submitted in writing to the Planning Commission, which shall not unreasonably withhold approval. A maximum of two one -year I� extensions may be granted by the Planning Commission. Additional extensions shall require approval by the Board of Directors. Time extensions must be applied for before the time limit elapses j or all preliminary approvals, as well as rezoning shall be con- sidered for revocation pursuant to Sec. 7.2. The final plan review shall be conducted by the Subdivision Committee and appropriate staff. They will review the final development plan to determine that no substantial changes were made to those elements of the plan agreed upon in the preliminary development plan. If substantial changes are found to have been made to the agreed elements, then the application must be re- submitted for preliminary development plan review. The Subdivision Committee will also determine that those elements the conditioned by the Board of Directors were altered to meet Board's specific requirements. The final development plan shall be deemed to be in sub- stantial compliance with the preliminary development plan provided the plan does not: A. Increase proposed floor area for non - residential use by more than 5 %. by than B. Increase total building coverage more 5 %. C. Increase building height by more than 5 %. A public hearing need not be held to consider modifications on location and design of streets or facilities for water, storm water, sanitary sewers, or other public facilities required as a tentative condition of approval of the preliminary development plan. The burden shall, nevertheless, be upon the landowner to for between show the Planning Commission good cause any variation the preliminary plan previously approved, and the final plan submitted for approval. If the Subdivision Committee finds that only minor differences exist in the final development plan, then the Committee shall approve and forward the final development plan to the Planning Commission for final disposition. Approval or disapproval of a final development plan by the Planning Commission shall occur within sixty (60) days of the contains variations filing of the plan. If the plan as submitted substance from the previously approved prelimimary development of plan the Planning Commission may, after meeting with the final approval and shall so advise the landowner, refuse to grant landowner in writing of said refusal, setting forth the reasons such variations are not in the public interest. -10- u The landowner may either resubmit the final development plan in conformance with the Preliminary Development Plan, or file a written appeal with the Board of Directors within forty -five (45) days of the refusal date. In the event such an appeal is filed, the Board of Directors shall schedule a public hearing to consider the application. After the final development plan has been approved the applicant shall enter into an agreement with the City to install the required public improvements. The applicant shall either: A. Post a performance bond in an amount determined by the ,,. Community Services Department; or ISECTION 43 -48.50 -- SUBMISSION REQUIREMENTS As part of the application process, the applicant shall be required to submit the following documents and information. Section 43 -48.51 -- Preliminary Development Plan Submittal A. A statement describing the character of the development and including the rationale behind the assumptions and choices made by the application. -11- B. Post a cash deposit with the City in an amount determined by the project engineer and approved by the Community Services Department; said deposit to be placed in an interest - bearing account with interest credited to the applicant and subject to an agreement permitting the City to use the deposit for completion of the improvements if the applicant becomes in default under the contract for improvements; or C. Enter into a tri - party agreement with the City and project lender requiring that: (a) the funds for the required improvements will - be set aside and held separate from the balance of the development financing, (b) the funds set aside will be disbursed only for the required public improvements and for no other purpose, (c) the funds will be disbursed in direct payment for completion of the improvements if the applicant becomes in default under the contract for improvements. The execution of a certificate of approval for final construction plans for public improvements shall be authorized by the Community Services Department after receiving the above mentioned documents and making the necessary field checks. ISECTION 43 -48.50 -- SUBMISSION REQUIREMENTS As part of the application process, the applicant shall be required to submit the following documents and information. Section 43 -48.51 -- Preliminary Development Plan Submittal A. A statement describing the character of the development and including the rationale behind the assumptions and choices made by the application. -11- B. Quantitative data including the following information: (a) Parcel size. (b) Types and numbers of permited uses and floor areas according to Article 1, Section 43.1 and 43.2 of the Zoning Ordinance. (c) Proposed building coverage. (d) Total acreage of private and common usable and non - usable open space by type. (e) Conditional uses as defined in this Zoning Ordinance. C. A topographical cross section map of the site. D. A site plan meeting the following requirements: Submitted to 24" 3611, or ., (a) on a sheet not exceed x less than 12" x 24 ", and containing a small scale vicinity map. (b) To scale (scale indicated) and directionally oriented. (c) Proposed lot lines and plot designs. (d) Existing and proposed circulation system of all streets (arterial, collector, residential) including off - street parking areas, service areas, loading areas, and major points of access to public rights -of -way (ingress and egress). (e) Existing and proposed pedestrian circulation systems. (f) Proposed treatment of the perimeter of the property, including materials and techniques used such as screens, fences, and walls as well as description of uses, setbacks and their relationship to surrounding uses. (g) General schematic landscape plan of the treatment of the area used for private and common open spaces (including open space buffers). (h) Location and size of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semi - public use. (i) Location, dimensions, nature of all existing and proposed easements (utility, streets) and public improvements (drainage, sewers, water, etc.). (j) Indication of location of structures and structure dimensions, dimensioned distances between buildings, and distance from structures to property lines. (k) Description of the following existing conditions of the property: 1. Contours at 2 -foot intervals. 2. Water courses. 3. Flood plains. 4. Unique natural features. 5. Forest cover. -12- E. The proposed development schedule including: (a) Starting date. (b) Dates when various phases are projected to be completed. F. A site plan with the required preliminary plan information, plus the following: (a) Indication in feet of the interior curb radius for all vehicle turning movements within, into, and off the site. (b) Illustration of proposed street improvements to be provided in relation to property lines including additional dedication, if required, and width of curb cuts and sidewalks, if required. (c) Ilustration of existing and proposed water supply for fire protection, utility systems including sanitary sewers, storm sewers and water, electric, gas, and telephone lines, and evidence of approval from the responsible jurisdictions or companies. -13- E. A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning. F. A development schedule indicating the approximate date when construcion of the Planned Unit Development or stages of the Planned Unit Development be can expected to begin and be completed. G. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the Planned Unit Development, including land areas, and dwelling units. Section 43 -48.52 -- Final Development Plan Submittal The final development plan shall contain all information required in a preliminary plan, plus the following: A. A letter from the applicant requesting final develop- ment plan review. B. A description of the maintenance provisions of the development. C. Final subdivision plat. D. Survey of the property. - E. The proposed development schedule including: (a) Starting date. (b) Dates when various phases are projected to be completed. F. A site plan with the required preliminary plan information, plus the following: (a) Indication in feet of the interior curb radius for all vehicle turning movements within, into, and off the site. (b) Illustration of proposed street improvements to be provided in relation to property lines including additional dedication, if required, and width of curb cuts and sidewalks, if required. (c) Ilustration of existing and proposed water supply for fire protection, utility systems including sanitary sewers, storm sewers and water, electric, gas, and telephone lines, and evidence of approval from the responsible jurisdictions or companies. -13- In F1 -14- (d) Illustration of location of structures and structure dimensions, dimensioned distances between buildings, and distance from structures to property lines indicating any changes from the preliminary plan. (e) A detailed landscaping plan showing the spacing, size,and specific types of landscaping material other than single family developments. G. All legal instruments as required by Section 8.0. H. Filing fees as required by Section 6. SECTION 43 -48.60 -- APPLICATION FEES -14- Filing fees for planned unit development applicants shall be those established from time to time by the Board of Directors. In the event that a preliminary plan application is withdrawn prior to Planning Commission action, the applicant shall be entitled to a refund as established from time to time by the Planning Commission; provided, however there shall be no refunds of any portion of fees paid on applications amended or denied in the review process. If a new application is filed on the same or portion of the same property after a prior petition has acted upon or withdrawn, the subsequent application shall be considered a new application, and fees charged accordingly. SECTION 43 -48.70 -- ENFORCEMENT: CAUSES FOR REVOCATION Section 43 -48.71 -- Causes for Revocation as Enforcement Action The Planning Commission may recommend to the Board of Directors that any previous Planned Unit Development approval be revoked and all building permits be voided under the follow- ing circumstances: A. If the applicant has not filed a final development plan within one year of preliminary plan approval; where an an optional staged development plan is utilized in accordance with Section 3.4 of this ordinance, the affected portion of his approved preliminary plan may be revoked in its entirety or to the extent of that portion on which a final development plan has not been submitted and approved. -14- n t it B. If no building permit has been issued within two years from the recording date of the final development plan, or initial plan of a staged final development plan and the applicant has not been granted an extension; the Planning Commission may recommend revocation of portions of or the entire project. C. If the applicant does not adhere to the phased development schedule as preliminary development portions of the Planned voided. stated in the approved plan, the uncompleted Unit Development may be D. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final develop -ment plan are proceeding at a substantially slower rate than other project components, the Planning Commission may recommend revocation of the project. From time to tire, the Planning Commission shall compare the actual development accomplished with the approved development schedule. If the Commission finds that the rate of con- struction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have i been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final development plans if preceding phases have not been finalized. The City may also issue a stop work order or discontinue issuance of building permits, or revoke those previously issued. Section 43 -48.72 -- Procedures for Revocation A. Prior to a recommendation of revocation, notice by certified mail shall be sent to the land owner, or his authorized agent notifying him of his alleged default and setting a time at which he shall appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke his Planned Unit Development. The Commission's recommendation shall be forwarded to the Board of Directors for disposition as in original approvals. B. In the event any Planned Unit Development is revoked by the Board of Directors because any of the above defaults have occured, an instrument suitable for recording shall be executed by the staff and filed for record. -15- C. In the event of revocation, any completed portions of the development or those portions for which build- ing permits have been issued, shall be treated as a modification of the Planned Unit Development. D. After causes for revocation or enforcement have been corrected, the Planning Commission shall resume approval of final development plans and shall authorize continued issuance of building permits. SECTION 43 -48.80 -- COVENANTS, TRUSTS, HOMEOWNER ASSOCIATIONS AND FINANCING PUBLIC IMPROVEMENTS The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, buildings, lighting, security measures and similar common elements. The City encourages the creation of homeowner associations, funded community trusts, or other non- profit organizations implemented by agreements, private improvement districts, contracts, and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreational areas, and communally owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning - Commission as to the suitability for the proposed use of the open areas. If the common open space is deeded to a Homeowner Association, the developer shall file a declaration of covenants and restrictions that will govern the association, with the application for final development plan approval. The provisions shall include, but not necessarily be limited to, the following: 1. The homeowner's association must be legally established before building permits are granted. 2. Membership and fees must be mandatory for each home buyer and successive buyer. 3. The open space restrictions must be permanent, rather than for a period of years. 4. The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes, and other public assessments. 5. Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property. -16- 6. The association must be able to adjust the assessment 1 to meet changed needs. SECTION 43 -48.90 -- DEVELOPMENT STANDARDS, CONDITIONS, AND REVIEW GUIDELINES The Planning Commission shall consider the proposed Planned A. Residential Density -- Planned Unit Development Unit Development in light of the intent, purpose, standards, and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning shall involve a consideration of water conservation, preservation of natural site amenities, and the protection of water courses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building locations, common usable open space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treat- ment shall be combined in such a way as to further the health, safety, amenity, and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. Section 43 -48.91 - Density and Intensity Guidelines A. Residential Density -- Planned Unit Development residential densities shall be determined on the basis of the following considerations; the densities designated by the general land use plan, the densities of surrounding development; the densities allowed under the current zoning; the urban development goals and other policies of the comprehensive plan; the topo- graphy and character of the natural environment, and the impact of a given density on the specific site and adjacent properties. The following specific guidelines shall be used in evaluating an application: Residential Unit Guidelines Units Per Gross Acre (a) Single family 4 (b) Zero lot -line (patio homes) 4 -6 (c) Duplex, townhouse 6 -12 (d) Garden apartment (1 or 2 floors) 13 -18 (e) Medium rise apartments (3 to 5 19 -24 floors) (f) High rise apartment (over 6 floors) 25+ B. Maximum Coverage -- The Planning Commission shall review specific proposed buiding intensity in accord- ance with the following specific guidelines. -17- -18- A. Lot Size -- There shall be no minimum standards although Maximum Type of Development Coverage (a) Single family, duplex, townhouse 35% will be used as a guide. zero lot line residential heights except as may be determined by the Planning (b) Garden apartments, medium rise apartments 40% development plan based on the uses within the develop - (c) High rise apartment 50% Building height within a planned unit development may (d) Neighborhood commercial 35% building heights within a parcel exceed the height (e) Other retail /commercial 50% ventional zoning district wherein the use would normally (f) Office 60% Planning Commission when it is deemed necessary to (g) Industrial 60% to protect the visual quality of the community. Section 43 -48.92 -- Lot Size, Setback, and Building Height -18- A. Lot Size -- There shall be no minimum standards although existing standards of zoning and subdivision ordinances will be used as a guide. B. Setback -- There shall be no minimum standards although existing standards of zoning and subdivision ordinances will be used as a guide. C. Building Height -- There shall be no maximum building heights except as may be determined by the Planning Commission during the review of the preliminary development plan based on the uses within the develop - ment and the proximity of the development to existing or prospective development on adjacent properties. Building height within a planned unit development may differ from parcel to parcel, but in no instance shall building heights within a parcel exceed the height generally permitted for similar uses within the con - ventional zoning district wherein the use would normally be located. A lesser height may be established by the Planning Commission when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the community. Section 43 -48.93 -- Screening and Landscaping In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the Planning Commission shall require landscaping and screening as a part of a planned unit development. The nature and extent of screening and landscaping required shall be determined by the Planning Commission in relation to the overall character of the development and its specific location. As part of the final development plan, a detailed screening and landscaping plan shall be submitted to the Planning Commission. Landscape plans shall show the location, type, and quality (size /age) of all plant material. Screening plans shall include typical details of fences, berms and plant material to be used. -18- I Existing trees shall be preserved whenever possible. The location of trees must be considered when planning the common open space,location of buildings, underground services, walks, paved area, playgrounds, parking areas, and finished grade levels. Section 43 - 48.94 -- Open Space Guidelines Well designed open space is an important factor in providing for innovative design and visual attractiveness. Open space shall be evaluated utilizing the following general guidelines: A. A minimum of ten to fifteen percent (10 -15 %) of gross Planned Residential District (PRD) areas shall be designated as common usable open space. B. Residential areas shall have a minimum of 500 square feet of usable private open space per single family unit. C. No more than one -half of the common usable open space may be covered by water. D. At least fifty percent (50 %) of the required common usable open space shall conform to the average overall slope within the development. E. Recreation facilities or structures and their accessory uses located in common areas shall be considered as open usable spaces as long as the total impervious surfaces such as (paving and roofs) constitute no more than ten percent (10 %) of the total open space. F. Landscaped roof areas, accessible to all residents, may be counted as usable common open space at a value of sixty percent (60 %) of the actual roof area devoted to their use. G. A minimum of 10% of gross Planned Commercial Mixed Use District (PCD) areas shall be designated as landscaped open space, not to be used for streets or parking. Section 43 -48.95 -- Traffic Circulation Guidelines The following traffic circulation guidelines shall apply: A. The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volume. -19- -20- B. Sites without access to collector and arterial streets shall be developed at a lower density than sites with good access. ' C. The traffic circulation system shall be comprised of a hierarchial scheme of local, collector, and arterial streets, each designed to accommodate its proper function, and in appropriate relationship with one another. D. Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses. E Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the Planned Unit Development. F. Internal local streets shall be designed to discourage through traffic within the Planned Unit Development and to adjacent areas. Section 43 -48.96 -- Parking Guidelines The following parking guidelines shall apply: Classifications Spaces- A. Residential (a) Single family, zero lot -line 2.0 spaces /unit (b) Duplex 2.0 spaces /unit (c) Apartment - one bedroom 1.0 spaces /unit (d) Apartment - two -three bedroom 1.5 spaces /unit (e) Apartment - elderly 0.5 space /unit B. Office 1.0 space /300 sq. ft. building floor area C. Commercial 1.0 space /200 sq. ft. of gross leasible area D. Industrial 1.0 space /500 sq. ft. of building floor area Section 43 -48.97 -- Perimeter Treatment Notwithstanding any other provisions of a Planned Unit Development District, all uses of land or structures located on a "perimeter lot" shall comply with the following: -20- A. All uses and structures shall meet the lot size, setback, height, bulk or other dimensional require- , ments of the adjacent districts unless other adequate landscaping or buffering is provided. t d B. Where the multi - family commercial or industrial portion of any Planned Unit Development is adjacent to a single family residential use district, a buffer zone shall be established. The buffer zone shall be landscaped, screened, or protected by natural features. No driveways or off - street parking shall be permitted in such areas, which shall, however, be included in calculating common usable open space. The width of the buffer zone shall be calculated by the Planning Commission after evaluating such consideratins as topo- graphical character of the property, unique features of the Planned Unit Development, views and building height or bulk. Section 43 -48.98 -- Financing of Public Improvements Where financing for public improvements, needed to accommodate proposed planned unit development is insufficient, the Planning Commission shall encourage the applicant to establish improvements districts or other equitable means of financing these improvements. -21- + Ar SECTION 2. Validity /Severability. If, for any reason, any one or more sentences, clauses, or parts of this Ordinance is held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, but shall be confined to that specific section, sentence, clause or part, and in no instance shall affect or prejudice the validity of the remaining portion of this Ordinance. SECTION 3. This Ordinance shall be in full force and effect from and after its passage. PASSED: September 20, 1977 ATTEST: APPROVED: C. )tjQo,,� City Cler Mayor