Crosby City Zoning Code
PLANNED UNIT
DEVELOPMENTS
§ 154.115 INTENT.
(A) The purpose of this subchapter is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic, and unplanned approach to development. This subchapter is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities.
(B) It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance, or open space and other similar facilities, and a harmonious selection and efficient distribution of uses. These regulations are not intended as subdivision regulations and should not be confused as such.
(Prior Code, § 13.37)
§ 154.116 PROCEDURES AND REQUIREMENTS FOR ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT.
(B) Development plan. The conditional use permit application shall be accompanied by a development plan, drawn to scale of not more than 50 feet per inch, showing the following:
(1) The entire outline, overall dimensions, and area of the tract described in the application;
(2) The use, zoning, and ownership of all adjacent properties within 100 feet of the tract boundaries, including the location of all structures and the right-of-way width and traveled width of all adjacent public roadways;
(3) The existing and proposed topography of the tract with contour intervals not greater than five feet;
(4) The location, general exterior dimensions, and approximate gross floor areas of all proposed buildings;
(5) The type of each use proposed to occupy each building and the approximate amount of building area devoted to each separate use;
(6) The proposed location, arrangement, and number of automobile parking stalls;
(7) The proposed location, arrangement, and general dimensions of all truck loading facilities;
(8) The location and dimensions of all vehicular entrances, exits, and driveways and their relationship to all existing or proposed public streets;
(9) The location and dimensions of pedestrian entrances, exits, and walks;
(10) The general drainage system;
(11) The location and dimensions of all walls, fences, and plantings designed to screen the proposed district from adjacent uses;
(12) The types of all ground covers;
(13) Standards for exterior finish, exterior lighting, location and type of exterior signs, architectural style, and any other variables which will be controlled in the design of buildings in the development area; and
(14) The applicant shall submit a proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, the components contained in each stage must be clearly delineated. The development schedule shall indicate the starting date and the completion date of the complete development plan.
(Prior Code, § 13.38)
§ 154.117 PROPERTY CONTROL.
(A) In order that the purposes of this subchapter may be achieved, the property shall be in single ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this chapter.
(B) Prior to the use or occupancy or sale of the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions, and restrictions or an equivalent document shall be filed with the city to be made prior to the filings of declaration or document or floor plans with the recording officers of the county.
(C) Approval of the city shall be secured as to the documents described in § 154.118(B).
(D) The declaration of covenants, conditions, and restrictions or equivalent document shall specify that deeds, leases, or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject such properties to the terms of the declaration.
(E) The declaration of covenants, conditions, and restrictions shall provide that an owners’ association or corporation shall be formed and that all owners shall be members of the association or corporation, which shall maintain all properties and common areas in good repair and which shall assess individual property owner’s proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control.
(F) The declaration shall additionally, among other things, provide that if the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and if the city incurs any expenses in enforcing its rules and regulations, which expenses are not immediately reimbursed by the association or corporation, the city shall have the right to assess each property its pro rata share of expenses. Such assessments, together with interest and costs of collection, shall be a lien on each property against which each such assessment is made; and, in addition, each such assessment, together with such interest and such costs of collection, shall also be a personal obligation of the person who was the owner of such property at the time the assessment became payable.
(G) It is the intent of this subchapter to require subdivision of property simultaneous with application for conditional use. The subdivision and/or platting of land as planned unit development shall be subject to the requirements for approval and recording with the County Recorder as have been established by the city.
(Prior Code, § 13.39)
§ 154.118 GENERAL DEVELOPMENT PROVISIONS.
(A) Yards.
(1) The front and side yard restrictions at the periphery of the planned unit development site at a minimum shall be the same as imposed in the respective districts.
(2) No building shall be located less than 25 feet from the back of the right-of-way line along those platted roadways.
(B) Roadways.
(1) Private roadways within the project shall have an improved surface to 20 feet or more in width and shall be so designed as to permit city fire trucks to provide protection to each building.
(2) No portion of the required 20-foot road system may be used in calculating required off-street parking space.
(C) Utility connection.
(1) Water connections. Where more than one property is served from the same service line, a shutoff valve must be located in such a way that each unit’s service may be shut off by the city, in addition to the normally supplied shutoff at the street.
(2) Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provisions must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners’ association or owner.
(D) Building types. In addition to the conventional type of construction and arrangements of building, structure uses and property as allowed by this subchapter, it shall be permissible to cluster, adjoin, and attach structures in a row house, townhouse, patio home, or similar style of development within the planned unit development.
(E) Density increases. The number of residential units or structures within the planned unit development may be increased under provisions within this section if the City Council finds that the project meets the criteria established for granting conditional use permits and if the amount of permanent open space within the project area is at least 25% of the project area. As a consequence of all planned unit developments’ planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased by 25%. The building, parking, and similar requirements for these extra units shall be observed in compliance with this chapter.
(F) Subdivision and ownership. It shall be permissible within a planned unit development to subdivide properties into lesser size parcels for individual ownership and create common open space areas in undivided proportions under joint ownerships. Such ownership arrangements are commonly defined as condominium and/or cooperative developments. The joint area of the project must conform to the minimum area requirements established for the respective district classification which jointly applies to the property.
(G) Minimum project size.
(1) Within Residential Districts, a planned unit development shall not be applied to a parcel of land containing less than one acre.
(2) Within a Commercial or Industrial District, a planned unit development shall not be applied to a parcel of land containing less than two acres.
(H) Public services. The proposed project shall be served by the city water and sewer system if within 300 feet of existing lines, and fire hydrants shall be installed at such locations as necessary to provide fire protection.
(I) Shoreland areas. For planned unit developments located within shoreland areas, the preliminary plans must be approved by the Commissioner of Natural Resources prior to the final approval by the city.
(Prior Code, § 13.40)
§ 154.119 REVIEW AND EVALUATION.
The review and evaluation of a proposed planned unit development and supportive materials and plans shall include, but are not limited to, the following criteria.
(A) Adequate property control is established and provided to protect the individual owner’s rights and property values and to define legal responsibilities for maintenance and upkeep.
(B) The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and general public.
(C) A sufficient amount of usable open space is provided. A minimum of 35% of the project area shall be dedicated to public or private open space and shall be preserved and maintained by protective covenants.
(D) The arrangement of buildings, structures, and accessory uses does not unreasonably disturb the privacy or property values of the surrounding uses.
(E) The architectural design of the projects is compatible with the surrounding area.
(F) The drainage and utility system plans are submitted to the city and are subject to approval.
(G) The development schedule ensures a logical development of the site which will protect the public interest and conserve land.
(H) Principal and accessory uses and requirements are in compliance with the district provisions in which the development is intended.
(Prior Code, § 13.41)