(A)

Preamble/Intent: A PUD is a subdivision in which there is a departure from the standard design of regularly platted lots devoted to single land use. The PUD allows for a mixture of land uses or a special arrangement of a single land use.

The district encourages flexibility in design in order to create a better living environment, preserve the unique features of the site, and provide services in a more economical manner. Each PUD development must be judged on its own individual merits. The selected land uses and the site design must be carefully conceived and planned.

The PUD approval system is based upon several assumptions and conclusions regarding development:

(1)

That any land use likely to occur in Green River can, in most cases, be made compatible with any neighboring land use through careful design and buffering. Similarly, two (2) otherwise compatible uses can be poor neighbors as a result of poor design and buffering.

(2)

Site design, use and often architectural design review are critical for all PUD developments to ensure quality, safety and efficient functioning.

(3)

Mixed use developments, when well planned, are good for the community. They can provide closer services and jobs, easily accessible recreational space, and a reduction in road and service extensions.

(4)

Both the public and the developer can benefit from a well-conceived and flexible PUD zone.

(B)

Criteria for Establishment of PUD: The project shall comply with the applicable goals of the City of Green River Comprehensive Master Plan. No specific policies have been adopted within the comprehensive master plan that relate only to PUD. However, the following goals from the comprehensive master plan best represent the city's intent for a PUD:

(1)

The city shall encourage cluster and mixed-density housing to reduce utility cost and overall land development costs.

(2)

The city shall encourage developments which provide quality design and amenities, such as landscaping of individual homes, provision of trees for new homeowners in the development and maintenance of open space.

(3)

Sensitive master planning for commercial and/or industrial developments shall be encouraged so that sites can be planned which minimize roads, curb cuts, parking lots and other facilities that can otherwise be shared.

(4)

New commercial and/or industrial developments shall minimize impacts on existing surrounding land uses and natural areas. Adequate open space and buffer zones should be placed between conflicting uses.

(5)

Park lands dedicated by developers shall contain areas suitable for active recreation as well as open space. All dedications shall relate to the overall parks and recreation master plan.

(6)

Proposed roadway systems shall minimize negative impacts on the environment and to adjacent land uses. Landscaping and the preservation of natural amenities shall be used to create a safe, attractive and compatible roadway system.

(7)

Cluster developments shall be encouraged to minimize curb cuts and length of roads.

(A)

Location: An application for a PUD may be made for land located in any zoning district.

(B)

Use: No use is permitted by right. Only those uses as specified in the approved final plan for the PUD shall be permitted by right.

(C)

Density: The density allowed shall be determined by the approved final plan for the PUD.

(D)

Lot Requirements: Front, side and rear setbacks, lot requirements, height and bulk of buildings shall be as specified in the approved final plan for the PUD.

Each of the following requirements must be met before a PUD can be approved:

(A)

Land Use: The PUD shall be consistent with the goals of the comprehensive master plan and shall demonstrate appropriate alternatives or solutions to all applicable future land use criteria as stated in Section VI of the comprehensive master plan.

(B)

General Site Design: (Includes site plan, buildings, circulation, open space and landscaping):

(1)

Neighborhood compatibility. The overall site design shall minimize negative impacts on existing surrounding neighborhoods.

(2)

Site organization. The site is designed to produce an efficient, functional and cohesive plan.

(3)

Fitness with area aesthetic quality. The site design contributes to the overall aesthetic quality of the area.

(4)

PUD warranted. Whether or not an exception from the standard zoning requirements is warranted by virtue of the design and amenities incorporated in the development plan.

(C)

Circulation: (Includes all transportation systems, streets, bikeways and pedestrian ways):

(1)

Street system design. The street system provides safe, smooth and convenient vehicular movement on and adjacent to the site.

(2)

Traffic capacity. Traffic generation figures shall be prepared by the developer for city review. The city may require an in-depth traffic study, depending on the size, use, location, anticipated traffic volumes and complexity of the proposed project. Traffic generated by the proposed PUD shall not have a significant adverse impact on surrounding areas.

(3)

Quantity/length of streets. The amount of land devoted to streets shall be minimized.

(4)

Street construction standards. All city street construction standards shall be met and emergency vehicular access shall be facilitated. All streets shall be dedicated to and maintained by the city.

(5)

Pedestrian circulation/vehicular conflicts. The pedestrian circulation system assures that pedestrians can move safely and easily throughout the site and that the pedestrian system connects efficiently to surrounding areas. Pedestrian and vehicular conflicts shall be minimized through site design, adequate signage, and streetscape and landscape design.

(6)

External linkages. Appropriate linkages to external transportation systems shall be provided.

(D)

Parking:

(1)

Parking needs. The development meets the parking needs required by Chapter 9.

(2)

Recreational vehicle parking. The development shall include provisions for the parking of recreational vehicles.

(3)

Parking design. Parking design provides for safety, convenience and the separation of pedestrians from vehicles.

(4)

Visual impact. The design reduces the visual impact of parking on the project, adjacent properties and adjacent streets.

(E)

Natural Environment:

(1)

Natural environment impacts. The site design minimizes negative impacts on the existing topography, natural drainages, vegetation, views and exposure to sun and winds.

(2)

Natural hazards. Natural hazard areas, such as slopes over twenty-five (25) percent, rock slide zones and floodplains are preserved as open space or special engineering precautions are provided to overcome the limitations.

(F)

Open Space: (Includes passive and active space for parks, recreation areas and playgrounds):

(1)

Quantity required. The provision for adequate, functional common open space shall be provided. A minimum of twenty-five (25) percent of the site shall be provided as open space. The area provided for vehicular access, parking and storage shall not be counted as open space.

(2)

Recreation facilities. Recreational facilities shall reflect the needs of residents and proximity to public facilities.

(3)

Open space accessibility. The open space shall be easily accessible, functional and useable.

(4)

Restrictions of use. Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan.

(G)

Homeowners' Association (HOA) Requirements: A HOA shall be established for the purpose of maintaining any common open space lands within the PUD. The following HOA provisions must be met:

(1)

HOA covenants shall be submitted as part of the preliminary and final plat. These covenants must be approved and a copy on file with the city before any lots can be sold.

(2)

Membership in the association must be mandatory for each property owner.

(3)

Open space restrictions and other easements, covenants or other provisions must be permanent and not for a period of years.

(4)

The HOA shall have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities.

(5)

The developer shall maintain all responsibilities of the HOA until eighty (80) percent of build out and occupancy occurs. The HOA board of directors shall be operating and functioning before the developer relinquishes control.

(6)

The covenants shall describe the open spaces to be maintained by the HOA, and shall describe appropriate maintenance procedures.

(7)

A maintenance staff or organization shall be established and shall be operational before the developer relinquishes his position on the board.

(8)

The HOA responsibilities shall be clearly established in the covenants.

(9)

The developer shall submit to the city a form signed by him and by any potential buyer of a lot that shows that the operation, fee structure and penalties of the HOA were explained to the potential buyer.

(H)

Public Services: (Includes water supply, sanitary sewer, electricity, natural gas, storm drainage, flood hazard areas, telephone and fire):

(1)

Public service needs. The project shall meet all city design standards, requirements and specifications for all public services as listed above.

(2)

Public service capacity. Existing public utility services shall have adequate capacity to serve the planned project, or the project shall include provisions to ensure that adequate services will be expanded to serve the planned project.

(I)

Livability:

(1)

Building siting. Buildings shall be sited so as to provide for adequate light, sun, ventilation, privacy and convenient access to structures.

(2)

View corridors. View corridors towards such visual amenities as the Bronze Belt, historic landmarks or the Green Belt Conservation Overlay District shall be protected.

(3)

Noise/heat/light control. Excessive levels of noise, heat, glare or light shall be controlled on site. Detailed plans for elimination of the above mentioned may be required.

(4)

Residential unit noise. In residential projects, noise shall be minimized between units, within and between buildings, and from external sources either on or off site.

(J)

Building Design and Relationship to Surrounding Area:

(1)

Impacts on surrounding areas. Any negative or adverse impacts on the surrounding neighborhood due to the proposed project shall be mitigated.

(2)

Neighborhood compatibility. The developed site blends with the surroundings or shall be adequately screened so as not to alter the essential character of the neighborhood.

(3)

Building orientation. The orientation of the building or buildings shall minimize any detrimental effects of shadows or the blocking of views from adjacent properties.

(4)

Appropriate character. Where the area has an identifiable character, the project shall be compatible through the appropriate use of color, materials, vegetation, signs and lighting.

(K)

Landscaping:

(1)

Landscape plan. A landscape plan, prepared by a qualified landscape architect, shall be required for all PUDs.

(2)

Landscape design. Landscaping shall create an attractive and comfortable environment along streets, pedestrian routes and entries, within open spaces and adjacent to buildings.

(3)

Landscape screening. Landscaping or other architectural features shall be used to screen from public view utility boxes, parking lots, loading areas, trash containers, outdoor storage, extensive blank walls or fences or other areas of low visual quality, and shall provide a buffer for adjacent land uses where appropriate.

(4)

Minimum land required. The amount of landscaping required as designated under each zone for which the project qualifies shall be provided. The city has the right to require additional landscaping to ensure the provision of an aesthetically landscaped development.

(5)

Landscape maintenance. The project shall provide for continual maintenance of all proposed landscaping.

In addition to the requirements of Section 8.3, the following special requirements shall also be met by commercial, office and/or industrial center land uses:

(A)

The proposed development shall access from an arterial or collector.

(B)

Repair, painting, body work activities and storage of refuse and vehicle parts shall be within an enclosed structure.

(C)

The proposed development shall be contiguous to existing urban development or function as part of an existing commercial development.

(D)

The development does not encourage or add to existing strip development.

(A)

General Review Procedures: A PUD is processed in three (3) stages: Conceptual review, preliminary plan and final plan. All three (3) stages are mandatory for a PUD. If the applicant desires to phase the development, a master plan shall be required.

(1)

Conceptual review. The purpose of the conceptual review is to provide a preliminary review of the anticipated development of a particular parcel of land. For this review, a general outline of the proposal, including sketch plans, shall be submitted for review by the city. Upon completion of the review, the city shall provide written comments to the applicant.

(2)

Master plan:

(a)

A master plan shall be required for any PUD which is intended to be developed in phases. The purposes of the master plan is to establish general planning and development control parameters and to identify overall phasing while allowing sufficient flexibility to permit more detailed planning at the time of development.

(b)

The proposed master plan, with the preliminary plans for the first phase of development, shall be submitted to the city and processed as preliminary plans.

(c)

The master plan will be reviewed on the basis of conformance with the city's comprehensive master plan.

(d)

Minor changes to the master plan can be approved administratively by city staff with no additional public hearing. The city staff shall not approve:

1.

A change in the use or character of development.

2.

An increase in the problems of traffic circulation and public utilities.

3.

An increase greater than two (2) percent in the gross floor areas of commercial buildings.

4.

An increase greater than one percent in the approved residential density of the proposed development.

(e)

Any changes, other than minor changes, may be made only by the planning commission and city council, and must follow the same review and hearing process required for preliminary plans. Once the master plan is approved, it will be kept on file by the city and changes will be recorded as amendments to the master plan.

(3)

Preliminary plan:

(a)

Upon completion of the conceptual review, a preliminary plan may be filed. This should include the master plan if the project is being done in phases. Materials will first be reviewed by city staff. If the plan has sufficient information and is complete, the project will be placed on the formal review agenda.

(b)

Approval of the preliminary plan shall not constitute approval of the final plan; rather, it shall be deemed an expression of approval of the layout and densities as a guide to the preparation of the final plan.

(4)

Final plan:

(a)

Application for a final plan should be made after approval of the preliminary plan.

(b)

The final plan shall be in substantial compliance with the approved preliminary plan. The final plan shall be deemed in compliance with the preliminary plan, provided the final plan does not:

1.

Change the general character of the development.

2.

Increase the number of residential dwelling units by one percent.

3.

Contain changes that cause the development to be disqualified under the approval criteria.

4.

Reduce the common area open space by more than five (5) percent.

(c)

If the final plan is not in substantial compliance with the approved preliminary plan, then the changed plan must be resubmitted as a preliminary plan and go through the preliminary plan approval procedures again.

(d)

After the city staff has reviewed the application, the project will be placed on the agenda for planning commission and city council approval. The project may be approved, disapproved or approved with conditions. If the project is approved, the final plan will be filed with the city.

(B)

Special Requirements: The following special requirements shall apply to any PUD:

(1)

The tract of land involved shall be either in one ownership or the application filed jointly by owners of all the property to be included.

(2)

The approved final plan shall specify the manner of holding title to areas of joint venture. Normally, such areas and facilities shall be retained in title by the developers or deeded to an organization composed of all members of the development.

(3)

The city shall have the right to establish general design standard guidelines and policies for the purpose of implementing and interpreting the provisions of this section.