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:
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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
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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.
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"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.
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"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.
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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.
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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.
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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.
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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
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(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.
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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.
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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.
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(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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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:
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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.
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+ 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