Grain Valley City Zoning Code
SECTION 400
210 Planned Unit Development.
[R.O. 1996 § 400.210; Ord. No. 1084 § 250, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
Statement Of Intent.
1.
The designation Planned Unit Development is a zoning district to be used in conjunction with other zoning districts as an overlay district. It is the intent of this Section to provide for integrated developments having harmony of design and variety of function. A Planned Unit Development (PUD) shall be a well-planned community utilizing a creative approach to develop an environmentally sound neighborhood which may contain varied uses and which does contain open space developed according to the needs of the residents. PUDs are given a flexibility in the design of buildings, yards and circulation patterns in order to produce:
a.
A maximum choice in the type of environment and living units available to the public. Residential areas must be well-designed and may contain a variety of residential structures and building arrangements such as single-family, duplexes, patio homes, zero lot line houses and town houses.
b.
Open space and recreational amenities developed according to the needs of the residents and the capacity of the land for such development.
c.
A pattern of development which conserves the natural amenities and environmental assets of the land. Such a development must be environmentally and ecologically sound. It must take into account the limitations of the land under development and work within the framework of those limitations to prevent soil erosion by either wind or water.
d.
A creative and innovative approach to site planning which utilizes the land efficiently, resulting in smaller networks of utilities and streets and thereby lowers housing cost.
e.
An environment of stable character compatible with and complimentary to diverse surrounding development. Such development may include commercial or industrial, provided that land use limitations and socioeconomic factors are weighed properly in the decision-making process.
f.
(1)
A more desirable environment than would be possible through the strict application of other Sections of the ordinance.
(2)
The Planned Unit Development is designed to meet the needs of small- and large-scale developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots or common building sites, but the planned unit concept is not intended to permit a greater density or uses different from those set forth in the regulations of the zoning district in which the development is located. Common land must be an essential and major element of the plan which is related to and affects the long-term value of the homes and other development. A planned unit shall be a separate entity with a distinct character in harmony with surrounding development.
B.
Design Criteria.
1.
These design criteria, together with other administrative rules and regulations, are the basic criteria for all PUDs. These design criteria shall be used in designing the preliminary and final plans and plats.
a.
Location. The designation Planned Unit Development (PUD) is a zoning district to be used in conjunction with other zoning districts as an overlay district. A planned unit development shall be permitted in any district except "P" (Planned District).
b.
Minimum Site Size. The minimum size of the site upon which a planned unit development shall be located shall be not less than three (3) acres for commercial developments, not less than five (5) acres for residential development, and not less than twenty (20) acres for industrial, educational, medical and other types of institutional development.
c.
Permitted Uses. The following uses shall be permitted in a planned unit development; however, commercial or industrial development shall not be permitted in an area zoned for residential use only.
(1)
Dwelling units (attached, detached, semi-attached or groups or attached or clustered or multi-storied structures or any combination thereof); and non-residential uses which are designed or intended to serve the residents of the planned unit development.
(2)
Commercial uses having a major impact upon the municipality as a whole or major sub-elements thereof, such as shopping centers, office complexes, major recreational and entertainment facilities, together with such other uses that are designed or intended to serve such activities and uses.
(3)
Industrial parks, including other supporting uses necessary for and designed or intended to serve such activities or uses.
d.
Permitted Densities.
(1)
It is the intent of this Section that the gross density within a PUD not exceed the gross density of the zoning district in which the PUD is located. For the purpose of computation, the following are recommended densities. Higher densities are possible based on the development plan being presented.
"R-1," "R-1A," "R-1B," "R-1C" PUD — 4.25 units per acre |
"R-2" PUD — 5.95 units per acre |
"R-3" PUD — 19.6 units per acre |
(2)
The preceding densities are gross densities and refer to the number of family living units provided by the total area of the site, including streets, park areas and all other land. The maximum number of permitted family units may be calculated by multiplying the gross area by the maximum permitted density. In cases where more than one (1) district is included, the number of permitted family units must be calculated for each district independently.
e.
Land Use Planning. Land use planning for all development shall relate appropriately to all site conditions and to the existing or permissible development of adjoining properties.
f.
General Site Design. A site design shall be provided which includes an arrangement of all site facilities necessary to create a safe, functional, convenient, healthful, durable and attractive living environment for residents.
g.
Design Quality. All elements of the site design shall be organized in an orderly and efficient manner. The site design shall provide an environmentally beneficial development. Outdoor accommodations presented in these standards for basic and necessary resident activities shall be provided where and as appropriate.
h.
Carrying Capacity Of The Land. Development shall not be permitted which exceeds the carrying ability of the land, as related to the following:
(1)
Topography of the site and the associated problems of building on steep slopes.
(2)
Drainage of areas especially as a result of storm runoff.
(3)
Permeability of the soil especially as it relates to the dispersion of waste from septic tanks.
(4)
Subsurface geology as it relates to the ability to support structures. This is of particular concern in those areas which have undergone subsurface rock quarrying activity.
i.
Site Surroundings. The site design shall be coordinated with all existing and proposed plans for the surrounding community. The site design shall be arranged when practical and possible to harmonize with and complement functions and appearance of site surroundings which have a significant bearing on the site. Where the surroundings of a site have incongruous functions or undesirable visual conditions, buffers or screen devices sufficient to separate or modify these unpleasant conditions shall be provided (and as required in Section 400.280, Landscaping and Screening).
j.
Site Utilization. The site design shall be arranged to utilize and preserve the favorable features and characteristics of the site and to avoid or minimize the potential harmful effect of unfavorable features. Parcels containing inter-related functional uses within the planned unit development, which have been separately identified by a metes and bounds description on the preliminary plan, may be amended separately from the entire planned unit development if requested by the applicant and determined by the Board of Aldermen as not seriously affecting the overall planned unit development.
k.
Topography.
(1)
In the design of a site, the effect of topographic conditions on the costs of development and operations shall be considered when locating various uses on the land. No site design shall have land uses combined with site conditions in a manner which prevents a functional development or in a manner which prevents correction of a potential hazard.
(2)
Grading design shall use natural drainage ways for drainage where possible and shall not cause or increase erosion conditions within or adjoining the site.
(3)
Grades should be designed to retain original ground surface levels to the limits of the branch spread of trees and around other natural vegetation to be preserved in place.
(4)
All elements of the site design shall be designed to fit the natural contour of the land as closely as possible and practicable.
l.
Surface Drainage.
(1)
Buildings, structures, streets, paved areas and utilities shall be located on the site in areas of the least potential ground water hazard.
(2)
Grades should not be designed which direct a concentrated flow of surface drainage over existing or proposed slopes.
(3)
Where storm drainage flow is concentrated, permanently maintainable facilities which can include vegetation shall be provided to prevent significant erosion and other damage or flooding on site or on adjacent properties.
(4)
Drainage shall be designed using either surface or subsurface drainage or both to accommodate storm runoff without adversely affecting structures calculated on the basis of ultimate foreseeable developed conditions of contributory site and off-site drainage areas for 25-year frequency floods.
m.
Slopes. All earth slopes with grades of thirty percent (30%) or steeper shall be planted with appropriate vegetative cover to minimize erosion.
n.
Vegetation.
(1)
Existing healthy trees, shrubs and natural cover of good quality which will contribute to the living environment and which can be saved shall be preserved to the fullest extent practical.
(2)
Fences or other equally effective barriers should be provided during construction which will protect the ground area beneath the branches of trees and other areas of natural vegetation to be preserved from vehicular intrusion, materials storage or other construction activities.
(3)
Walls, tree wells and/or other devices of appropriate design should be provided to preserve the life of trees which would otherwise be adversely affected by nearby grade changes.
o.
Usable Open Space. A minimum of sixty percent (60%) of a residential project should be "usable open space" which is defined as land which is free of buildings, structures and other substantial improvements. The following examples are listed by way of illustration to indicate what may be counted as usable open space within this definition:
(1)
Outdoor swimming pools, swimming pool areas, hard surface recreational areas and other recreational areas, provided these areas are unenclosed except for fences, canopies, bathhouses or other minor structures.
(2)
Customary driveways for one- and two-family dwellings.
(3)
Flat roofs with improved recreational and open space facilities with ready access.
(4)
A maximum of one-half (1/2) of the usable open space requirements may be satisfied by that portion of public or private rights-of-way adjacent to the site and which at the ultimate expected pavement width for that classification of street will remain unpaved.
(5)
Enclosed open space areas in shopping malls, including walkways.
(7)
Phase or identifiable segment of a residential project shall contain less than fifty percent (50%) usable open space.
p.
Local Open Space. A minimum of three percent (3%) of all residential areas shall be developed as "local open space" which is defined as usable open space which is designed to be available to the residents of the project in general, is developed to meet their recreational needs, and would not normally be considered as the yard of a particular building. Land which is within twenty-five (25) feet behind or twenty-five (25) feet in front or ten (10) feet to either side of a building shall not be included in this definition. The following standards shall apply:
(1)
Local open space, regardless of size, which is to be dedicated to the City must be approved by the Park Board and accepted by the Board of Aldermen.
(2)
No local open space area may be less than twenty thousand (20,000) square feet except in PUDs of less than fifteen and three-tenths (15.3) acres, nor larger than three (3) acres (except when stream valley parks, storm drainage, utility easements or green buffers are included with the written permission of the Planning and Zoning Commission).
(3)
Any area or segment of an open space less than one hundred (100) feet in width cannot be calculated as local open space unless it is clearly part of an overall open space system. For example, a linear pedestrian system linking larger open spaces could be included in the calculation.
(4)
A local open space area smaller than twenty thousand (20,000) square feet or larger than three (3) acres may be authorized, particularly if practical difficulties or unusual hardship would be caused by the application of the required standards.
(5)
When open space land is stream valley or floodplain or without sufficient adequately-sized and reasonably level areas for selected active recreational use, the City may require that additional land of a suitable nature be provided even though the total required is more than the regularly required amount.
(6)
In meeting the local open space requirement, not more than half the required local open space may consist of the storm drainage reservation land and the other half must be supplied from other land. In all cases where storm drainage area is counted toward meeting local open space requirements, preservation of the natural assets of the land, including its vegetation, must be provided for in graphic and/or written form, subject to approval by the Planning and Zoning Commission.
(7)
Required local open space must meet the definition of usable open space. Land in public utility easements may be included in the local open space provision to the full extent that the use of the land is not restricted for recreational purposes. To the extent that it is restricted, additional land must be designated by the developer.
(8)
A developer may choose to mix his or her types of housing, i.e., single-family, row houses, apartments, etc., or to cluster homes and reduce private yard size. This will, in many cases, result in a substantially larger open space area than the legal minimum. For example, a site in an "R-1," "R-1A," "R-1B," "R-1C" zone developed entirely with single-family homes would provide only the required three percent (3%) of the site for local open space. If, however, some apartments and row houses were mixed with the single-family homes in an "R-1," "R-1A," "R-1B," "R-1C" zone to achieve the same overall density, the lesser physical space required for the row houses and apartments per dwelling unit would obviously leave considerably more actual open space.
(9)
Local open space in addition to the three percent (3%) minimum requirement shall be distributed reasonably throughout the subdivision. That is, within any portion of a development tract (a portion being an area separated by roads, by topographic natural or manmade barriers), the area of local open space should be in proportion to the percentage of living units within that portion of the tract. Deviations from this principle will be permitted where:
(a)
Severe topographic or other site conditions restrict the area in which development is feasible or outstanding natural features worthy of preservation are present (such as a grove of pine trees) and should be included in the open space area.
(b)
Transition area requirements are satisfied in terms of open space.
(c)
A buffer zone of open space would protect homes, such as along their perimeter of a major highway or an industrial site.
(d)
Utilities such as sewer and water cannot be brought to a portion of the site.
(e)
The developer can demonstrate that the layout will result in a clear improvement to the general amenity and greater specific recreational advantages to the residents of the proposed subdivisions. Such uses and advantages shall be specified in the restrictive covenants and provision for the maintenance of such spaces shall be clearly indicated. Examples are golf courses or systems of horseback trails.
(10)
The distance between clusters of structures should be considerably less compact than that provided by minimum dimensions. Local open space areas should be more numerous with shorter service depth. More space should be provided for amenities, including landscaping, screening, greater distance between buildings, buffer zones, etc. Center-focus sites may be more pleasingly connected with each other and homes by linear spaces.
q.
Development Of Local Open Space. Improved local open space for both active and passive recreation shall be provided as appropriate where permanent maintenance can be assured. The improvement shall be consistent with the size of the development, age levels and needs of intended users and shall consider operation and maintenance costs.
(1)
Adequate recreation space appropriately equipped shall be provided consisting of open areas for active recreation such as playgrounds or major sports and places for passive recreation such as parks and sitting areas.
(2)
Publicly owned and maintained parks, playgrounds and school grounds, which are convenient to a development and readily available for use by the residents, should be considered in the design of the site. Adjoining public facilities shall not be considered in meeting the three percent (3%) minimum local open space requirement, in total or in part.
r.
Local Open Space Distribution.
(1)
The distance between local open space areas is almost as important in their design as is their size; the distance determines the density of distribution throughout the subdivision, the maximum walking distance from the home, and the number of people conveniently served by each local open space. In subdivision design planning, "service depth" is a more convenient term of measure than "distance between local open space areas."
(2)
Service depth is the distance between the boundary of a local open space and the boundary of its surrounding service area and is roughly one-half (1/2) the distance between two (2) local open spaces. Service depths should be kept as constant as possible in order to maintain equitable relationships with homes served. Where depths vary, however, local open spaces should desirably be scaled to the size of the population served.
(3)
All homes should be within five hundred (500) feet of a local open space or other public park or recreational area accessible to the residents.
(4)
At densities of up to five and five-tenths (5.5) living units per acre, where the developer provides only the minimum percentage of local open space required, the private yard spaces of the individual homes will be large enough to provide for some recreational needs. The local open space acreage, therefore, should be distributed in local open spaces of at least one (1) acre in size in order to satisfy those needs requiring larger areas than provided in individual yards. In these cases, the service depths will necessarily be larger than the maximum five hundred (500) feet. Local open spaces should be compact in shape and evenly distributed or combined with additional space provided through floodplain reservations.
(5)
Groups of residential units may be distributed throughout developable area in clusters or groups of clusters (houses or apartment buildings arranged about common parking courts or service streets). These clusters are planned to be small enough to afford ready pedestrian access from all homes to the continuous open space in which they are placed.
s.
Access To Local Open Space.
(1)
At least one (1) unencumbered access easement with minimum width of twenty (20) feet shall be required for each local open space from public streets for maintenance purposes. An access easement at least ten (10) feet wide shall be required for all sidewalks or pathways. The sidewalk easement may, with the approval of the Planning and Zoning Commission, be included within the twenty (20) foot access easement for maintenance purposes. Street frontage may be included within the definition of access easements.
(2)
Where the pathway system serving a residential neighborhood passes through an individual local open space to be retained by the developer or homes association, public right-of-way or easement shall be secured.
(3)
Opportunities should be seized to join separate local open spaces into a network of local open spaces, community parks, school-recreation centers, reservoirs, lakes and the major parks of an area. The total acreage is not as significant as the establishment of a completely interlinked system. Each development, where possible, should contribute to the eventual whole.
(4)
Where the developer of a single-family house subdivision elects to reduce lot size to afford an area of common open space, the space should be distributed so that it clearly relates to as many of the smaller lots as is practicable.
(5)
Paved accessways to maintenance points may be required in order that the Department of Public Works may have adequate access to storm drainage areas and sanitary sewers.
t.
Pedestrian Access To Buildings.
(1)
Each building shall have safe and convenient pedestrian access from project parking areas.
(2)
A primary entrance readily accessible to the physically handicapped shall be provided to any residential structure intended for occupancy by the elderly or physically handicapped and non-dwelling structures appurtenant to such residential structures.
(3)
Sidewalks or pathways shall be provided for safe, convenient access to all dwellings and for safe pedestrian circulation throughout a development between facilities and location where major need for pedestrian access can be anticipated.
(4)
Sidewalks and pathways shall be located to assure a minimum vertical clearance of seven (7) feet from all permanent or temporary obstructions.
(5)
Public or project sidewalks and pathways shall be provided for all buildings having frontage on highways or collector streets and where essential for pedestrian safety.
(6)
Where the window sill of a habitable room is less than six (6) feet above a sidewalk or pathway, the sidewalk or pathway shall be at least eight (8) feet from the wall containing the window, unless privacy of the interior space is not essential or would not be impaired.
u.
Sidewalks And Pathways — Objective.
(1)
Pedestrian walkways should connect every home with the major attractions of potential pedestrian movement. These include vehicles and vehicular areas, schools, shopping and local parks. They will include sidewalks, cross-walkways and interior pathways. They should be designed and located so as to avoid conflict and danger from vehicles, particularly at intersections with local or collector streets.
(2)
The initial sidewalk and pathway policy is: To review each subdivision individually to determine whether the walkway system will be related (1) exclusively to the streets, (2) exclusively to interior open space systems, or (3) some combination of both.
(3)
When structures are set back less than thirty-three (33) feet from the curb line and driveways are provided, an interior pathway system must be used.
(4)
Sidewalks or paths will be required on one (1) side of culs-de-sac to the radius of the cul-de-sac.
(5)
Minimum sidewalk or pathway width shall be four (4) feet. The back side of any sidewalk or pathway shall be a minimum of six (6) feet from any parking bay, parking court or street. A walk not for general use leading to a single or double living unit from a sidewalk or pathway must be a minimum of three (3) feet in width.
v.
Street Width.
(1)
Collector streets which serve commercial or industrial areas or collector streets which would serve in excess of two thousand (2,000) trips per day shall be a minimum of thirty-six (36) feet back to back of curb.
(2)
Streets which provide access to recreational facilities or which would carry traffic volumes of three hundred (300) trips per day or more should be a minimum of twenty-eight (28) feet back to back of curb.
(3)
Minor residential (marginal access) streets which would carry less than three hundred (300) trips per day should be a minimum of twenty-eight (28) feet back to back of curb.
(4)
The following should be used for calculating trip generation:
TABLE A | |
|---|---|
Density | Trips/Unit/Day One Way |
0 to 2 dwelling units per acre | 12.0 |
2.1 to 4 dwelling units per acre | 10.5 |
4.1 to 6 dwelling units per acre | 8.0 |
6.1 to 8 dwelling units per acre | 7.5 |
8.1 to 10 dwelling units per acre | 7.0 |
10.1 to 12 dwelling units per acre | 6.5 |
12.1 or more dwelling units per acre | 5.5 |
TABLE B | |
|---|---|
Off-Street Parking Spaces Per Dwelling Unit | Type of Unit |
3 | Detached single-family |
3 | Attached single-family |
1.5 | Efficiency apartment |
2 | One-bedroom apartment |
3 | Two or more bedroom apartment |
w.
Setbacks.
(1)
Where PUD land directly abuts land not in the same PUD, setbacks shall be those of the base zone or the abutting zone, whichever is greater.
(2)
Where PUD land is separated from land not in the same PUD by a street, setbacks shall be not less than eighty percent (80%) of those in the base zone or the abutting zone, whichever is greater.
x.
Height Requirements. Within a PUD, a variation in maximum height may be granted by the Board of Aldermen having regard for the spirit and purpose of this development district and this Chapter.
y.
Intensity — Square Feet, Gross Floor Area Per Acre. Land use intensity is to be used to insure that adequate light, air and ventilation are provided. Land use intensity is measured in terms of the percentage of usable open space provided. In a residential PUD, a minimum of sixty percent (60%) of the gross land area must be maintained as usable open space. In commercial and industrial developments, a minimum of thirty percent (30%) of the gross land area must be maintained as usable open space.
C.
Procedure.
1.
Process. The overall PUD process is composed of four (4) elements: preliminary plan, preliminary plat, final plan and final plat, as follows:
a.
The preliminary plan is appended to the ordinance granting the PUD and becomes a part thereof.
b.
The preliminary plat is a translation of the preliminary plan into the requirements of the subdivision ordinance and must be submitted with the preliminary plan.
c.
The final plan represents the detailing of the preliminary plan. After the engineering is completed, the final plan is drawn to reflect changes from the preliminary plan. The final plan must be consistent with the preliminary plan as outlined in Subsection (C)(4)(b) of this Section. The development must be built according to the final plan.
d.
Final Plat.
(1)
The final plat is the translation of the final plan into the requirements of the subdivision ordinance and must be submitted with the final plan.
(2)
In the PUD, the zoning and platting processes are carried out concurrently. The requirements for each of the four (4) elements are listed below.
(3)
This application is a rezoning request and the same procedures shall be followed concerning application, Planning and Zoning Commission review and public hearings. Upon approval by the Board of Aldermen, the PUD shall be designated on the Zoning District Map.
2.
Procedures — Preliminary Plan And Preliminary Plat.
a.
The preliminary plan shall consist of maps and/or text which contain:
(1)
A complete site plan showing the major details of the proposed development consisting of the following:
(a)
Conceptual drainage plans,
(b)
Approximate location of buildings and structures, off-street parking areas, off-street loading areas, service and refuse areas and means of ingress and egress, except in Districts "M-1" and "M-2" and in traditional single-family areas ("R-1" type) where no variances are requested and lot lines are shown,
(c)
Conceptual landscaping or screening proposals,
(d)
Location of and conceptual design of signs,
(e)
Approximate location and conceptual design of local open space areas, and
(f)
Pedestrian areas and walkways, with sufficient dimensions to clarify the plan.
(2)
The proposed name of the development and the names of adjacent developments.
(3)
The names, addresses and phone numbers of the owner and registered engineer, planner, surveyor or landscape architect responsible for the planning, engineering, survey and design.
(4)
The location of boundary lines and their relation to established section lines or fractional section lines, township and range lines.
(5)
The approximate location and width of existing and proposed streets, roads, lots (approximate dimensions) (residential only), building lines, utility easements, drainage easements, parks and other open spaces, other similar features, and proposed improvement of perimeter streets.
(6)
A survey showing the physical features of the property, including contours at vertical intervals of not more than five (5) feet where the slope is greater than ten percent (10%) and not more than two (2) feet where the slope is less than ten percent (10%) (ten-foot intervals for non-residential uses). Elevations shall be marked on such contours based on the existing datum plane established by the U.S. Coast and Geodetic Survey. Bench mark elevations used shall be described on the plat or plan.
(7)
All parcels of land proposed to be dedicated to public use and the conditions of such dedication, if any.
(8)
Date, north point and scale.
(9)
Designation of proposed uses of land within the development, whether for residential, commercial, industrial or public use, such as parks, churches, etc., including gross density or intensity of use.
(10)
Computation of usable open space.
(11)
Computation of local open space in square feet and as a percentage of total gross land area.
(12)
An identification of proposed phases of development.
(13)
An estimated time schedule for development.
(14)
A statement of the primary points to be covered in a homeowners' association or a proposal for other approved arrangements.
(15)
Such other information as the Planning and Zoning Commission shall require by resolution.
(16)
Any other information the applicant believes will support his or her request.
b.
The preliminary plat shall include the following:
(1)
The names, addresses and phone numbers of the owner and registered engineer, surveyor, planner or landscape architect responsible for the engineering, survey and design.
(2)
The location and boundary lines and their relation to established section lines or fractional section lines, township and range lines.
(3)
The approximate location and width of existing and proposed streets, roads, lots (with approximate dimensions on residential plots), building lines, utility easements, drainage easements, parks and other open spaces, other similar features, and proposed improvement of perimeter streets.
(4)
All parcels of land proposed to be dedicated to public use and the condition of such dedication, if any.
(5)
Date, north point and scale.
(6)
Indication on the plat of the minimum floor area for buildings in the proposed development.
3.
Upon approval of the preliminary plat and plan by the Board of Aldermen, all engineering plans must be submitted to the City and approval received prior to the Planning and Zoning Commission hearing for approval of the final plat and plan.
4.
Procedures — Final Plan And Final Plat. A planned unit development final plan and final plat shall be filed with the Planning and Zoning Commission and shall be in accordance with this Chapter. This may be for all or part of the land included within a previously approved preliminary plan and plat.
a.
The final plan shall contain the data specified in the following:
(1)
The name of the development and adjacent developments.
(2)
Additional data:
Drainage plans. |
Location of buildings and structures [except as provided in Subsection (C)(4)(a)(18)] |
Off-street parking areas and off-street loading areas. |
Service and refuse areas. |
Landscaping or screening proposals. |
Location and conceptual design of signs. |
Location and design of local open space areas. |
Pedestrian areas and walkways. |
Building lines. |
Minimum building to building and building to lot line side yard distance, with sufficient dimensions to clarify the plan. |
(3)
Designation of proposed uses of land within the development, whether for residential, commercial, industrial or public use, such as parks, churches, etc., including density or intensity of use.
(4)
An estimated time schedule for development by phase.
(5)
A survey showing the physical features of property, including contours at vertical intervals of not more than five (5) feet where the slope is greater than ten percent (10%) and not more than two (2) feet where the slope is less than ten percent (10%). Elevations shall be marked on such contours based on the existing datum plane established by the U.S. Coast and Geodetic Survey. Bench mark elevations used shall be described on the plan. The approximate acreage of the property shall be shown.
(6)
The lines and names, with accurate dimensions in feet and decimals of feet, of all proposed streets or other ways or easements and other open spaces intended to be dedicated for public use or granted for use of inhabitants of the development, also lines of all adjoining streets.
(7)
The north point, scale and date. All figures and letters shown must be plain, distinct and of sufficient size to be easily read and must be of sufficient density to make a lasting and permanent record.
(8)
The location in the adjoining streets or property of existing sewers and water mains, gas mains, culverts and drain pipes, electric conduits or lines proposed to be used on the property to be developed, and invert elevations of sewers at points of proposed connection.
(9)
Profiles of streets showing grades approved by the City. Such profiles shall be drawn to City standard scales and elevations shall be based on existing datum plane established by the U.S. Coast and Geodetic Survey.
(10)
Location and design of all proposed subdivision monuments or entrance features.
(11)
Computation of usable open space.
(12)
Local open space in square feet and as a percentage of total gross land area.
(13)
The names, addresses and telephone numbers of the owner and registered engineer, planner, surveyor or landscape architect responsible for the engineering.
(14)
Maintenance Proposal And Procedures.
(a)
A set of the rules and bylaws of any homeowners' or residents' association, any restrictive covenants which will be imposed, and a maintenance proposal for open space areas.
(b)
The maintenance proposal shall include the maintenance of open space areas. As specified in the design criteria, Subsection (B)(1)(p)(6), where storm drainage area is counted towards meeting open space requirements, reservation must be provided for the natural assets of the land,, including its vegetation.
(c)
Minimum maintenance procedures must also be established in the proposal for cultivated open space areas, e.g., playgrounds, common areas in front of homes and areas surrounding swimming pools, tennis courts and similar facilities.
(d)
The maintenance procedure must be carried out as it is established in the maintenance proposal. The procedures must be submitted in written and/or graphic form to the Planning and Zoning Commission in sufficient detail to carry out the maintenance procedures herein required.
(15)
Such other information as the Planning and Zoning Commission shall require by resolution.
(16)
Any other information the applicant believes will support his or her request.
(17)
In "M-1" and "M-2" rezonings, the final plan may be submitted, at the developer's discretion, after approval of the final plat and prior to approval of a resurvey of the final plat. When the final plan is submitted to the Planning and Zoning Commission and Board of Aldermen for approval after approval of the final plat, a resurvey must be submitted to the Planning and Zoning Commission for approval in addition to being submitted to the Board of Aldermen for approval.
(18)
In traditional single-family areas ("R-1" type) where lot lines are shown and no variances are requested, detached single-family residential units need not be shown on the final plan.
b.
The final plan shall be deemed to be in compliance with the preliminary plan, provided any modification of the plan does not:
(1)
Increase the proposed gross residential density or intensity of use by more than five percent (5%) or involve a reduction in the area set aside for usable or local open space, nor the substantial relocation of such area, nor
(2)
Increase by more than ten percent (10%) the floor area proposed for non-residential use, nor
(3)
Increase by more than five percent (5%) the total ground area covered by buildings nor involve a change in the number of stories of buildings.
Variations other than those in paragraphs (1), (2) and (3) shall be considered amendments to the plan and the application for such amendments shall be handled in the same manner as the original application with public hearings before the Planning and Zoning Commission and the Board of Aldermen following due public notice as required by law. |
c.
The final plat shall contain the data specified in the following:
(1)
The numbers of any lots and blocks in accordance with a systematic arrangement.
(2)
An accurate boundary survey of the property made by an actual survey of the field, with bearings and distances referenced to section or fractional section corners, township and range. The survey shall be made, balanced and closed by a registered engineer or surveyor.
(3)
The lines and names, with accurate dimensions in feet and decimals of feet, of all proposed streets or other ways or easements and other open spaces intended to be dedicated for public use or granted for use of inhabitants of the development, also lines of all adjoining streets.
(4)
The length of all straight lines, deflection angles and radii, arcs and central angles of all curves along the centerline and the property line of each street. All dimensions of property lines along each street and all the lines bordering each lot shall be shown in feet and decimal fractions of a foot. The true bearings and angles of intersections which they make with each other and also any other data necessary for the location of any dedicated easement in the field; if more convenient, calculated bearings may be used in lieu of angles. The locations of all building lines.
(5)
Suitable primary control points approved by the City or descriptions and "ties" to such control points to which all dimensions, angles, bearings and similar data given on the plat shall be referred. All dimensions shall be shown in feet and decimals of a foot.
(6)
The location of all permanent monuments.
(7)
A certification by a registered civil engineer or surveyor to the effect that the plat represents a survey made by him or her and that all necessary survey monuments are correctly shown thereon.
(8)
The north point, scale and date. All figures and letters shown must be plain, distinct and of sufficient size to be easily read and must be of sufficient density to make a lasting and permanent record.
(9)
All other required forms such as endorsements, dedications and certificates.
(10)
The final plat shall be accompanied by the following: A certificate of title showing the ownership of the land to be in the developer's name or his or her principal or other applicant for approval.
(11)
Indication on the plat of the minimum floor area for buildings in the proposed development.
(12)
The names and addresses of the owner and registered engineer, planner, surveyor or landscape architect responsible for the engineering, survey and design.
d.
Amendments.
(1)
Minor changes in the approved final plan of the PUD may be authorized by the Planning and Zoning Commission upon a review of the proposed amended final plan, incorporating such changes, so long as compliance is maintained with the preliminary plan and the purposes and standards of the PUD provisions hereof.
(2)
In addition to the above, the Planning Officer may, without the approval of the Planning and Zoning Commission, allow the developer to make the following changes in the approved final plan as a result of unforeseen engineering problems:
(a)
Move private streets and driveways by not more than ten (10) feet.
(b)
Move the location of structures by not more than ten (10) feet so long as not to violate any setback regulations.
(c)
Move the location of any parking area by not more than twenty (20) feet so long as it would not come closer than twenty (20) feet to any residential structure or ten (10) feet from any street or right-of-way lines.
(d)
Change the configuration of any parking area so long as the number of spaces is not reduced.
(f)
Resurveys. Resurveys to determine lot lines after construction of foundations may be submitted to the City and, if consistent with the final plat and plan, may be submitted directly to the Board of Aldermen for approval.
D.
Conditions.
1.
The construction of streets of Phase I of the planned unit development shall be completed within twenty-four (24) months of the effective date of approval of the preliminary plan by the Board of Aldermen. If this is not done, the City shall notify the developer in writing by certified mail that a public hearing will be scheduled before the Planning and Zoning Commission and the Board of Aldermen at the end of the twenty-four (24) month period and specifying the date of such hearing. The developer may appear before the Board of Aldermen at the hearing, as specified, and, upon reasonable grounds being shown therefor, the Board of Aldermen may extend the twenty-four (24) month period for such an additional period not to exceed one (1) year as the Board of Aldermen may deem proper under the circumstances. If the developer does not appear before the Board of Aldermen or does not show reasonable grounds for extension, in the judgment of the Board of Aldermen, the Board of Aldermen may void the preliminary and final plans together with any conditional zoning which was granted in conjunction with said plan. A hearing may be held to vacate any final plats which have been filed and such hearing may be initiated by the City.
2.
Homes Association. A homes association or other permanent organization shall be created if other approved arrangements have not been made for improving, operating and maintaining common facilities, including streets, drives, service and parking areas and recreational areas.
3.
Conditional Rezoning. A rezoning granted in conjunction with a PUD may be a rezoning conditioned upon development of the PUD as herein set forth. Such conditional rezoning shall be designated as conditional at the time it is granted and, in addition to other requirements, is conditioned upon compliance with the provisions of Subsection (D)(1).
4.
Legal Protest. Property owners within one hundred eighty-five (185) feet of a proposed PUD area may submit a legal protest of the rezoning or the preliminary plat and plan in the same fashion as provided by law for other rezoning.
5.
Abandonment. Where a PUD has been processed pursuant to the supplemental designation of PUD, its abandonment by the developer shall require the approval of the Board of Aldermen, after recommendation by the Planning and Zoning Commission, of an application for amendment to the Zoning Map repealing the designation of PUD. (Where a PUD has been processed so that the final plat is approved, its abandonment shall require the approval of the Planning and Zoning Commission and vacation of the plat.) A request by the developer to abandon a PUD shall also include a simultaneous request to terminate any conditional rezoning granted in connection with the PUD zoning. If the PUD is abandoned by the applicant (developer) or any successor in interest to the applicant, whether voluntarily, failure to proceed or otherwise and the applicant (developer) fails or neglects to pursue the abandonment procedures herein set forth, such procedures may be initiated by the Planning and Zoning Commission or the Board of Aldermen. The applicant shall deposit with the City at the time of filing the application for PUD a sum sufficient to cover the costs or processing the abandonment of the PUD. Upon completion of the PUD, such sum shall be returned to the applicant.
6.
Variations from the requirements of Section 400.210, other than density and the use or uses permitted in the zoning district on which the PUD is imposed, may be granted by the Board of Aldermen if such variation retains the spirit of this Section, is reasonable in nature, and prevents undue hardship to the applicant. Any variance granted hereunder must be a part of the PUD ordinance. The Planning and Zoning Commission is encouraged to recommend to the Board of Aldermen any suggested variances.
7.
Appeals from any determination by any administrative officer of the City shall be heard by the Board of Adjustments.