Fremont City Zoning Code
CHAPTER 1141
Planned Unit Development
1141.01 INTENT AND CONFLICT.
(a) Intent. The intent of this Chapter is to permit greater flexibility in the design of an area than is possible within the conventional zoning regulations. The use of the Planned Unit Development promotes more economical and efficient use of the land while providing a harmonious variety of housing types, a high level of urban amenities and the preservation of natural scenic qualities of open spaces.
(b) Conflict. Whenever there is a conflict or difference between the provisions of this Chapter and those of other sections of this Zoning Ordinance, the provisions of this Chapter shall prevail.
(c) Permitted Uses. Residential and nonresidential uses shall be permitted in the PUD District provided that all pertinent requirements are met or exceeded.
(Ord. 2020-4053. Passed 1-7-21.)
1141.02 GENERAL REQUIREMENTS AND STANDARDS.
(b) Relation to Streets. The PUD District shall be located and designed to conform with existing traffic patterns and limitations on the surrounding public streets.
(c) Utilities. The PUD District shall be served adequately by public facilities and services or the persons responsible for the proposed PUD shall be able to provide adequate services.
(d) Common Open Space. There shall be a minimum area equal to twenty percent (20%) of the PUD District reserved for use as common open space. The ownership of this common open space may either be transferred to a legally established homeowners' association or be dedicated to the City. Council may require the open space or specified portion of it to become part of the park system of the City. Also, see Section 1141.05: Recreational and Open Space Uses.
(e) Minimum Residential Lot and Building Requirements. Lot, setback and building requirements of the R-2 Mixed Residential District shall apply to the residential development within the PUD Residential District. However, to permit the efficient design of common open space areas:
(1) The lot area and lot coverage per dwelling unit may be reduced by not more than forty percent (40%).
(2) Lot widths may be varied.
(3) Building setback lines may be varied.
(4) Each foot of building height over the maximum height regulations shall cause the required distance between the building and the side and rear property line of the PUD District to be increased by one (1) foot.
(5) All areas designed for further expansion or not intended for immediate improvement shall be landscaped or maintained in a neat and orderly manner as specified by the Planning Commission.
(f) Ownership. The entire area proposed for the PUD District shall be owned, leased or controlled by a single individual, partnership or corporation.
(g) Uses. With an approved PUD, compatible residential, commercial, institutional, recreational and open space uses may be combined as will enhance the living environment of the planned development. All uses shall be arranged to be compatible with each other and not to adversely affect adjacent property and/or the public health and general welfare.
(h) Building and Use Arrangements. The design and development standards set forth in this Chapter are intended to provide considerable latitude and freedom in order to encourage variety in the arrangement of uses and of the location, bulk and shape of buildings, open space and landscape features. Buildings and uses shall be arranged, designed or located in order to screen and preserve uses within and nearby the PUD from adverse effects of uses within or nearby the PUD. The buildings and uses may be arranged in various groups, courts, sequences or clusters with open spaces organized and related to the buildings and space, and to maximize the peace and tranquility of the residents of the PUD and the nearby area, where applicable.
(Ord. 2020-4053. Passed 1-7-21.)
1141.03 COMMERCIAL USES.
Commercial uses and buildings may be included within the proposed PUD. The permitted uses and lot, building and setback requirements found in the B-2 General Commercial District shall apply to the commercial uses and buildings in the PUD Commercial District. Such commercial uses may not exceed five percent (5%) of the total PUD area. In addition, the following design standards shall apply:
(a) The commercial uses and structures shall be clustered to provide common parking and ingress and egress points to reduce the number of intersections.
(b) Any combination of screens and landscaping shall be provided on the perimeter of the commercial areas abutting on any residential areas.
(c) The commercial areas shall be provided with adequate and properly arranged facilities for internal traffic circulation, landscaping and other such features and facilities necessary to make the project attractive and efficient for the residential development. The design of the structures shall be harmonious with the design of the residential areas within the PUD.
(d) All areas designed for further expansion or not intended for immediate improvement shall be landscaped or maintained in a neat and orderly manner as specified by the Planning Commission.
(e) Variations from the lot, setback and building requirements may be permitted when necessary to allow for a more efficient design of the proposed PUD.
(f) Each foot of building height over the maximum height regulations shall cause the required distance between the buildings and the side and rear property line of the PUD District to be increased by one (1) foot.
(Ord. 2020-4053. Passed 1-7-21.)
1141.04 INSTITUTIONAL USES.
Institutional uses may be permitted within the PUD. Such uses should be limited to no more than fifteen percent (15%) of the total PUD area and may include schools, religious assembly and cultural facilities.
(a) Each foot of building height over the thirty-five (35) feet shall cause the required distance between the building and the side and rear property line of the PUD District to be increased by one (1) foot.
(b) The institutional uses and structures shall be clustered to provide common parking and ingress and egress points to reduce the number of intersections.
(c) Any combination of screens and landscaping shall be provided on the perimeter of the industrial areas abutting on any residential areas.
(d) The institutional uses shall be provided with adequate and properly arranged facilities for internal traffic circulation, landscaping and other such features and facilities necessary to make the project attractive and efficient for the residential development. The design of the structures shall be harmonious with the design of the residential areas within the PUD.
(e) Institutional uses shall be developed in park like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting and parking areas.
(f) All areas designed for further expansion or not intended for immediate improvement shall be landscaped or maintained in a neat and orderly manner as specified by the Planning Commission.
(Ord. 2020-4053. Passed 1-7-21.)
1141.05 RECREATIONAL AND OPEN SPACE USES.
Recreational and open space uses shall be permitted and can occupy up a minimum of twenty percent (20%) of the PUD. Such uses shall be available and accessible to all residents of the PUD and can include pedestrian walkways, drainage ways, swimming pools and ponds, parklands, open areas for play, scenic areas, clubhouses, tennis courts or other designated play areas and other open space areas exclusive of off-street parking areas and streets or alleys.
(Ord. 2020-4053. Passed 1-7-21.)
1141.06 PUD APPROVAL PROCESS.
(a) The PUD approval process, as a combined zoning amendment and subdivision approval, consists of the following steps:
(1) Submission of completed application, materials and fees to the office of the Zoning Inspector.
(2) Approval of the PUD concept plan by the Planning Commission and recommendation to Council which approval constitutes preliminary plat approval.
(3) Approval of the concept by Council which approval creates a recommendation to Council of approval of the proposed Zoning Amendment.
(4) Approval of the site development plan by Council which approval constitutes final plat approval and also creates the PUD District.
(5) Issuance of the zoning certificates by the Zoning Inspector in accordance with the approved site development plan.
(b) Applications for PUD approval may be obtained from the office of the Zoning Inspector and when completed three (3) copies of the application and the PUD concept plan shall be returned to that office. The application shall consist of the material required for an application for a zoning amendment as specified in Chapter 1159: Zoning Text and Map Amendments, and in addition the following material which shall constitute the PUD concept plan:
(1) Location of different general land use areas proposed to be developed.
(2) Proposed density levels of each residential area, excluding common open spaces.
(3) Proposed treatment of existing topography, drainageways and tree cover.
(4) Time schedule of projected development, if the total landholding is to be developed in stages or if construction is to extend beyond a two (2) year period.
(5) Deed restrictions, covenants, easements and encumbrances.
(6) Any other materials, documents or information as required by the Planning Commission.
(c) The Planning Commission shall adhere to the procedures found in Chapter 1159: Zoning Text and Map Amendments, in preparing the recommendation transmitted to Council. In addition the Planning Commission shall determine prior to approval that:
(1) The relaxation of the conventional zoning standards is warranted by the design and other amenities incorporated into the proposal and are consistent with intent and purpose of this Chapter to promote the public health, safety and general welfare of the residents of the City, but could not be accomplished using conventional zoning standards; and
(3) Approval of the PUD concept plan shall also be considered as the preliminary plan approval.
(d) The approval of the PUD concept plan and the preliminary plat shall remain in effect for a period of two (2) years from the date of approval. They shall become null and void unless the PUD site development plan for the first section of the planned unit landholding has been formally approved by the Planning Commission within that two (2) year period.
(e) Once the PUD concept plan has been approved by the Planning Commission, the owner/developer shall submit three (3) copies of the PUD site development plan to the Planning Commission for their approval, approval with modifications or denial. The PUD site development plan shall bear the signature of professional engineer and shall be in accordance with the approved concept plan. The site development plan shall contain the materials required for final plat approval including the detailed construction drawings and:
(1) A survey of the tract to be developed showing existing physical features such as general topography, drainageways, tree cover, street, easements and utility lines.
(2) Preliminary building plans, including floor plans and exterior elevations.
(f) Prior to approval of the site development plan, the Planning Commission shall determine that:
(1) The proposed PUD site development plan is in compliance with the approved PUD concept plan.
(2) Any part of the PUD District not used for structures, parking and loading areas or streets, including those areas that are proposed for future development, shall be landscaped or otherwise improved.
(g) The Planning Commission shall submit its recommendation to Council within three (3) days after its approval of the PUD site development plan. Council shall approve, approve with modifications or deny the site development plan within ninety (90) days of receipt. Council approval of the site development plan shall also be considered as final plat approval.
(i) Prior to granting approval to the site development plan, Council shall be satisfied that the following conditions are met:
(1) That the PUD District is in conformance with the Comprehensive Plan for the City.
(2) That each individual unit of the development, as well as the total development can exist as an independent unit and that the uses proposed will have a beneficial effect which could not be achieved with conventional zoning.
(3) That the internal streets and major and minor streets that are proposed shall properly interconnect with the surrounding existing major and minor streets as designated on the official thoroughfare plan of the City.
(4) That the minimum common open space area has been designated and shall be duly transferred to a legally established homeowners' association or has been dedicated to and accepted by the City.
(5) That the PUD site development plan is consistent with the intent and purpose of this Zoning Ordinance, to promote the public health, safety and general welfare of the residents of the City.
(j) In taking action, Council may deny the PUD site development plan or may recommend approval of the plan subject to specified conditions. Approval of the PUD site development plan shall constitute the creation of a separate PUD Planned Unit Development overlay zoning district.
(k) At the time of adopting any ordinance establishing a PUD District and approving the site development plan, Council shall make appropriate arrangements with the owner/developer which shall ensure the accomplishment of the public improvements and reservation of common open space as shown on the approved PUD site development plan.
(l) Zoning certificates shall be issued by the Zoning Inspector and shall be required for each individual structure. Zoning certificates shall be issued only in compliance with the approved PUD site development plan.
(Ord. 2020-4053. Passed 1-7-21.)
1141.07 SITE DEVELOPMENT PLAN AMENDMENTS AND TERMINATION.
(a) Amendments to the site development plan shall require Planning Commission approval.
(b) If no construction has begun within two (2) years after approval of the site development plan, it becomes null and void.
(Ord. 2020-4053. Passed 1-7-21.)
1141.08 SUBDIVISION OF COMPLETED PUD.
All future subdivision of a completed PUD shall be first reviewed and approved by the Planning Commission to assure that each subdivided area of the development includes the parking, open space and other similar necessary requirements.
(Ord. 2020-4053. Passed 1-7-21.)