Evanston City Zoning Code
ARTICLE VI
Planned Unit Development
§ 24-45 Purpose.
The planned unit development (PUD) is a development process which allows some variance from the strict application of bulk area and open space requirements of the zone district regulations imposed in this chapter. The purpose of the PUD is to allow flexibility and innovative design in development which will result in more economical use of land, provide for streets and utilities, improve the quality of development, preserve the natural and scenic features of land as open space and avoid development in potentially hazardous areas.
§ 24-46 General requirements.
A.
PUDs shall be permitted in any zoning district except established residential districts.
B.
There shall be no increases in the number or density of dwelling units that can be constructed except as permitted by this article.
C.
There shall be no variation in the use requirements of each zone district except as provided in this article.
D.
PUDs may or may not involve subdivision of land. Those involving a subdivision of land must meet the submittal and review requirements set forth in Chapter 22 of the Code.
E.
A tract or parcel of land proposed for a PUD must be in one ownership or the application must be filed jointly by the owners of the property included in the PUD. Evidence of all owners' agreement to the proposal must also be submitted.
F.
In order to ensure compatibility among land users in a PUD, the planning commission and City council must find that the total development can exist as an integrated whole and, in cases where conflicts among uses may result, may require setbacks or other design elements in addition to (or in lieu of) those standards normally applicable.
G.
Each phase within the PUD shall be planned and related to existing and/or planned services and facilities such that each phase is self-sufficient and not dependent on later phases to meet any requirement of this article and so that failure to proceed to subsequent phases will not have any adverse impacts on the PUD, its surroundings, or the community in general. Each phase shall be planned so as to ensure that open space and any other amenities will be provided along with the proposed residential construction in each phase. Except as permitted under section 24-49 of this article, the density of any single phase shall not exceed the permitted density of the district in which it is located.
H.
Required setbacks of a district shall be met where a PUD abuts other non-PUD property and along peripheral street rights-of-way.
§ 24-47 Permitted variations.
A.
More than one principal building may be approved for one lot if part of an approved PUD.
B.
Open Space Reduction.
(1)
The minimum usable open space per dwelling unit may be reduced up to twenty-five percent if the planning and zoning commission and City council find that:
(a)
Each residential unit has private open space, the minimum size of which is twenty percent of the square footage of the unit;
(b)
The site plan contains areas of common open space that are beneficial to all potential residents of the PUD;
(c)
The site and building design have amenities which justify an incentive of added units or the nature of the occupants is such that the full amount of open space is more than is necessary;
(d)
The open space or lot area reduction will not have a detrimental effect on the character of the PUD or surrounding neighborhood;
(e)
The increased density will not result in either utility systems capacity being exceeded or expenditure of City funds required to increase the size of utility systems (over and above improvements already planned) in order to adequately handle additional demand created by the increased density; and
(f)
The architectural design and site planning is such to minimize the apparent bulk and mass of buildings.
(2)
The twenty-five percent reduction in minimum open space per dwelling unit may not automatically lead to twenty-five percent increase in the number of dwelling units.
(3)
Internal setback and minimum lot area requirements shall be determined by the approved and filed preliminary and final plans, except as outlined in section 24-48G.
C.
Neighborhood business centers meeting the requirements of the NB-D zone district may be included within a residential PUD if the planning and zoning commission and City council find that:
(1)
The center is primarily for the service and convenience of the residents of the development and the immediate neighborhood;
(2)
The PUD is at least twenty acres in size;
(3)
The center does not exceed two acres in size;
(4)
The center does not change the predominantly residential character of the PUD and surrounding neighborhoods nor have a detrimental effect on surrounding neighborhoods;
(5)
The center will not result in increased traffic on local streets in the surrounding neighborhoods;
(6)
The center is connected to adjacent residential neighborhoods by pedestrian paths and bikeways separated from vehicular circulation systems;
(7)
Three-fourths of the residential uses in the area are developed.
D.
The off-street parking requirements of Article VIII of this chapter may be reduced up to twenty percent for PUD's requiring more than five spaces if the planning and zoning commission and City council find the following:
(1)
The estimated number of vehicles to be owned by the residents of the PUD can be adequately accommodated off-street;
(2)
Where joint use of common parking areas is proposed, the use will accommodate proposed parking needs given the time period of the use;
(3)
A mix of residential and office or retail uses is proposed and the parking needs of all uses can be accommodated through shared parking;
(4)
The occupancy of the development is such (e.g. the elderly), as to necessitate fewer off-street parking spaces than the district would normally require. The applicant must provide assurances that the occupancy will not change; and
(5)
The parking needs of any non-residential uses can be adequately served off-street.
§ 24-48 Procedures and submitted requirements.
A.
Preapplication Conference. Procedures and submittal requirements for the preapplication conference are as outlined in Article II of this chapter. All actions required for a PUD request, such as annexation, conditional use review, height exceptions or landscape plan approval, shall accompany the PUD request. All review hearings shall consider the entire range of requests.
B.
Preliminary Submission.
(1)
The development of a PUD may be submitted for approval and developed in phases provided, that as part of the preliminary plan a development schedule is approved which describes:
(a)
The parcels to be developed in each phase and the date of each phase submission;
(b)
The number of units to be built in each submission; and
(c)
A preliminary schedule for the construction of improvements, open space dedication or making of other contributions such as water rights.
(2)
Submission requirements. In addition to the general requirements imposed by Article II, the following specific information must be submitted with an application:
(a)
A site plan containing the major details of the proposed planned unit prepared at a scale of not less than one inch = one hundred feet drawn in sufficient detail to enable evaluation of the land planning, building design and other features of the planned unit. The site plan must contain, insofar as applicable, the following minimum information:
[1]
Proposed land uses;
[2]
The location and size of all proposed buildings, structures and improvements;
[3]
The maximum height of all buildings;
[4]
The density and type of dwellings;
[5]
The internal traffic and circulation systems, off-street parking areas, service areas, loading areas and major points of access to public rights-of-way;
[6]
The location, height and size of proposed signs, lighting and advertising devices;
[7]
Areas which are to be conveyed, dedicated or reserved as common park areas, including parks and recreational areas and as sites for schools or other public buildings;
[8]
Areas which are subject to a one hundred-year flood cycle; and
[9]
A general landscape plan at the time of preliminary submission which is to be followed by a detailed landscape plan, once the site plan has been approved, showing the spacing, sizes and specific types of landscaping material.
(b)
A written statement containing the following information:
[1]
A statement of the present ownership and a legal description of all the land included in the planned unit;
[2]
An explanation of the objectives to be achieved by the planned unit, including building descriptions, sketches or elevations as may be required to describe the objectives;
[3]
A development schedule indicating the approximate date when construction of the planned unit or stages of the planned unit can be expected to begin and be completed; and
[4]
Copies of any special agreements, conveyances, restrictions or covenants which will govern the use, maintenance and continued protection of the planned unit and any of its common park areas.
(c)
The applicant may submit any other information or exhibits deemed pertinent in evaluating a proposed planned unit.
(3)
Review procedures. A preliminary PUD application shall be reviewed by the planning and zoning commission and City council. The review procedures to be followed are as outlined in Article II.
(4)
Review criteria. No planned unit development application shall be approved unless it is found that:
(a)
It is consistent with the policies of the Evanston comprehensive plan.
(b)
PUD applications involving land subdivision have met the review criteria and requirements of the City's subdivision regulations.
(c)
Applicable conditions of section 24-49 of this chapter have been met. The planning and zoning commission or City council will not automatically approve the maximum allowable variation, even if all conditions in said section are met, if there are overriding site or community considerations.
(d)
The development will exhibit appropriate design, including building arrangement, orientation, spacing, materials, color and texture, storage, signs and lighting and compatibility with surrounding development. Design and building arrangement must provide privacy for individuals, families and neighbors. Pedestrian and vehicular circulation must be promoted and is more sensitive to environmental constraints than otherwise would be possible under application of the normal zoning and development regulations.
(e)
Building types are appropriate for the density, topography and compatible with other buildings on the site.
(f)
The development includes open space for the benefit of the entire tract which is designed to provide variety and diversity so that residents and other users can gain maximum long-range benefit and:
[1]
Guarantees for perpetual ownership and maintenance of common open space are provided in accordance with chapter 22 subdivision regulations;
[2]
The required open space is accessible and functional;
[3]
Private open space is provided for each residential unit;
[4]
The project preserves natural and unique features of the site and avoids developing potentially hazardous areas;
[5]
Common open space is accessible by pedestrian and bicycle paths separated from the vehicular circulation system.
(g)
The landscaping requirements of Article III are met or exceeded in both the number and size of plants and the PUD is shown to be more sensitive to environmental constraints than otherwise would be possible under application of the normal zoning and development regulations.
[1]
The landscaping plan which is part of final approval must provide for a variety of plant and landscape materials suited to the Evanston climate which will provide a variety of colors and contrasts to enhance the overall development and open space in particular;
[2]
The landscaping must improve the buffering of one use from another or the PUD from adjacent development;
[3]
The landscaping must screen parking areas and service or storage yards;
[4]
The required setbacks and yards along public roadways and in the usable open space must be landscaped to provide attractive streetscapes to enhance architectural features.
(h)
The project's internal circulation system (where applicable):
[1]
Results in a reduced amount of land being devoted to streets than would result if the normal development and zone requirements are applied; and
[2]
The system is designed to handle anticipated levels and types of traffic, including cars, service vehicles, emergency vehicles, trucks, bicycles and pedestrians.
(i)
The project is designed to provide safe and convenient circulation between the project and existing or proposed transportation systems.
(j)
The project can be adequately served by existing or proposed utility systems without additional public costs.
(k)
The project conforms to the hillside development regulations and minimizes cut and fill on the site.
(l)
Garbage and storage areas are shown to be screened adequately.
C.
Final Submission. A PUD may be submitted in phases for final approval.
(1)
Submission requirements.
(a)
PUD applications not involving subdivisions must include a final plan prepared in the following manner and which includes the following information:
[1]
The final plan shall be prepared by a registered land surveyor or engineer on mylar with waterproof black india ink, sized in accordance with Section 33-366, Wyoming Statutes, 1957, as amended, at a scale not less than one hundred feet to the inch;
[2]
The name of the development, a legal description of the property and lot and block numbers of all parcels in the development. All lot lines shall be shown with dimensions in feet and hundredths. The total acreage of the development and each parcel included within it must also be stated;
[3]
Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purpose indicated thereon and of any areas to be reserved by deed or covenant for common use of all property owners must be shown;
[4]
A site plan which shall show building location and dimensions, streets, sidewalks and walkways, parking areas, landscaped areas, all setbacks from adjoining streets, ingress and egress, location of signs, loading and storage areas, open space areas and any natural or unique features that are to be preserved;
[5]
Existing and proposed zoning;
[6]
Building density (residential) or floor areas (commercial or industrial);
[7]
Changes, if any, that were part of the City council's approval of the preliminary PUD.
(b)
In addition to the requirements of subsection A engineering plans for the following must be included:
[1]
Proposed streets, curbs, gutter and sidewalks;
[2]
Proposed water system;
[3]
Proposed sanitary sewer system;
[4]
Proposed storm sewer system;
[5]
Proposed street lighting.
(c)
Executed agreement. All submissions involving public improvements shall include an executed agreement whereby the applicant agrees to reimburse the City for the actual cost of repairs to public facilities for one year from the date of acceptance of the final plan or the completion of improvements, whichever is later. The City council, at its option, may require a surety or cash bond, a letter of credit or other collateral as guarantee for the agreement.
(d)
All submissions involving public improvements shall include a guarantee by the applicant for completion of all land improvements to be installed. The guarantee shall be in one of the following described forms:
[1]
A subdividers bond in the amount of the estimated cost of the land improvements; provided, however, said bond shall not exceed one and one-half times the estimated cost of the improvement remaining to be completed;
[2]
Cash in the amount of the estimated cost of land improvements, provided, however, said cash shall not exceed one and one-half times the estimated cost of the improvement remaining to be completed;
[3]
A lien which is to be recorded in the county clerk's office on all property being developed, with the provision that partial release may be obtained when a lending institution executes with the City an agreement to withhold one and one-half times the estimated cost of the land improvements yet remaining to be installed, in escrow, until such time as all land improvements have been completed and accepted by the City. All expense incurred in determining the amounts apportioned against said land and the cost of releasing each lot or tract shall be paid by the developer;
[4]
Other collateral equivalent to one and one-half times the estimated cost of land improvements yet remaining to be installed, which is approved by the City council.
(e)
All final plans shall include a statement signed by the City engineer, or an individual authorized by him, certifying that the improvements specified in the submission meet the minimum requirements of all ordinances and resolutions of the City, that they comply with all applicable standards of the federal, state and county governments with respect to the standards, rules and regulations for improvements.
(f)
All final plans must include a description of signs to be installed in accordance with Article IX of this code, a landscape plan in accordance with Article IV of this code and a parking plan in accordance with Article VIII of this code.
(g)
Guarantees for perpetual ownership and maintenance of common open space shall be given the City.
(h)
Copies of articles establishing homeowners' associations and/or covenants that will govern the development.
(2)
Review procedures.
(a)
The applicant shall submit five copies of all application forms and applicable final plan requirements to the planning office.
The planning office shall review the submission for completeness. No application will be accepted by the planning office for review by the staff or planning and zoning commission until the application has been accepted as complete by the planning office. If the submission does not conform to final submission requirements, the planning office shall return the submission to the applicant with a written statement of deficiencies. |
(b)
Staff review.
[1]
When the submission is certified complete by the planning office, the planning office shall review the submission's conformance with the approved preliminary plan, detailed submissions and any conditions or limitations imposed thereon.
[2]
The planning office shall distribute the application to the City engineer and/or public works director for review and certification of engineering plans and standards of improvements.
[3]
Following review by the engineer/public works department, the submission shall be reviewed by the City attorney for acceptability of dedication agreements (water, streets, easements, park land or other public land), maintenance agreements, homeowners' agreements and improvement and maintenance guarantees.
[4]
On receipt of the final plan from the City engineer and attorney, the planning office will make a written recommendation for approval or denial of the final plan.
(c)
City council review.
[1]
If the City council determines that any additional evidence including technical reports or review of technical reports which may have been required as a condition of approval of the detailed plans have not been satisfied, the council may require that such be provided before final consideration of the final plan. It may also require that such information, reports or reviews be submitted to the planning office for review prior to resubmittal to the City council.
[2]
If the City council determines that the final plan conforms in all major respects to the detailed and/or preliminary plans previously reviewed and approved by the City council and that it complies with the design standards set forth in City codes and with all applicable general regulations, it shall execute its approval on the plan.
§ 24-49 Planning director's review- Annual review.
At least once every twelve months, the planning director shall review all building permits which have been issued for the planned unit and shall examine the construction which has taken place on the site. If he finds a violation of any of the provisions of this chapter or of the terms and conditions of the planned unit approval, he shall forward a report of this information to the City council. The City council shall hold a hearing on the report of violations submitted by the planning director, having first given notice to the planned unit applicant and all owners of abutting property. Upon review of the alleged violations, the City council may, if it deems necessary, require that appropriate action be taken to remedy the violations, amend or modify the planned unit or revoke approval of the planned unit development.
§ 24-50 Completion of planned unit.
A.
The planning director and City engineer shall issue a certificate for the planned unit development certifying the completion thereof and shall note the issuance of the certificate on the official copy of the district zoning map and on the site plan;
B.
After completion, the use of land and the construction, modification or alteration of any buildings within the planned unit development will be governed by the approved site plan;
C.
Except as hereafter stated, no changes may be made in a planned unit after its approval:
(1)
Minor changes in the location, siting or character of buildings and structures may be authorized by the planning director, if required by engineering or other circumstances not foreseen at the time the final development program was approved. No change authorized by the planning director under this section may increase the size of any building or structure by more than five percent, nor change the location of any building or structure by more than five feet in any direction; provided, notwithstanding anything in the foregoing, the planning director may not permit changes beyond the minimum or maximum requirements set forth in this chapter.
(2)
All other changes in the planned unit development and planned unit site plan must be made under the procedures that are applicable to the initial approval of a planned unit.
§ 24-51 Subdivision and resale.
A.
A planned unit development may be subdivided or resubdivided for purposes of sale or lease.
B.
An application for approval of the subdivision or resubdivision must be made if the subdivision or resubdivision will create a new lot line. The procedures applicable to the initial approval of a planned unit development are also applicable to the approval of a subdivision of a planned unit.
C.
The subdivision or resubdivision may be approved if it does not increase the dwelling unit density of the planned unit and if the planned unit, following the subdivision or resubdivisions is in compliance with the standards for planned units provided in this article.