Higginsville City Zoning Code
ARTICLE X
Residential Planned Unit Development
Section 410.650 Intent.
[R.O. 2009 §410.650; Ord. No. 2040 §10-1, 9-15-2003]
A.
The residential planned unit development ("PUD") is designed to provide 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 developments may consist of individual lots or may have common building sites. Buildings may be grouped in clusters or around courts and may be served by private drives in lieu of public streets. 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 district shall be a separate entity with a distinct character in harmony with surrounding development.
A residential planned unit development may be established in any residential district and shall not require a zoning change. However, a residential "PUD" shall be subject to all other applicable provisions of the Chapter.
The residential planned unit development is intended to provide for a greater flexibility in the design of buildings, yards, courts and circulation than would otherwise be possible through the strict application of district regulations and to produce:
1.
A maximum choice in the type of environment and living units available to the public.
2.
Open space and recreation areas.
3.
A pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion.
4.
A creative approach to the use of land and related physical development.
5.
An efficient use of land and related physical development.
6.
An environment of stable character in harmony with surrounding development.
7.
A more desirable environment than would be possible through the strict application of other Articles of this Chapter.
Section 410.660 Permitted Uses.
[R.O. 2009 §410.660; Ord. No. 2040 §10-2, 9-15-2003]
The uses permitted by right in a residential "PUD" shall be only those designated "SF-1", "SF-2", "SF-3" and "MR".
Section 410.670 Standards and Conditions For Residential Planned Unit Developments.
[R.O. 2009 §410.670; Ord. No. 2040 §10-3, 9-15-2003]
A.
Location. The residential "PUD" shall be designated as follows:
"PUD" | Corresponding District | |
|---|---|---|
"SF-1"/"PUD" | "SF-1" Single-Family Dwelling District 12,500 square feet | |
"SF-2"/"PUD" | "SF-2" Single-Family Dwelling District 7,500 square feet | |
"SF-3"/"PUD" | "SF-3" Single-Family Two-Family Residential District 7,500 square feet | |
"MR"/"PUD" | "MR" Multi-Family Residential: single-family 6,500 square feet, two-family 3,000 square feet, multi-family 7,500 square feet |
B.
Minimum Size. One (1) acre if one (1) land use. Ten (10) acres if involving more than one (1) land use.
C.
Height Limitations. The height limitations for structures in residential "PUDs" shall be the same as those for corresponding residential districts. However, the Board of Aldermen may vary said maximum building height where such an alteration would permit a more harmonious relationship to adjacent property and where the public health, safety and welfare will be preserved.
D.
Yard Limitations.
1.
The design of the residential "PUD" may provide for modifications of interior yard setbacks provided that the plan provides adequate space between buildings for access by emergency vehicles.
2.
Yard setbacks on the outside perimeter of the "PUD" shall not be reduced and shall meet the yard setback requirements of the corresponding zoning district. However, the Board of Aldermen may vary said perimeter setback requirement where such an alteration will not be detrimental to adjacent property.
E.
Minimum Floor Area. The minimum floor area for dwelling units shall be the same as those required for corresponding residential districts.
F.
Off-Street Parking. The minimum off-street parking requirements set forth in Article VII of this Chapter shall be complied with.
G.
Streets.
1.
Buildings need not abut public streets but may be served by private roadways. Standards of design and construction for roadways, both public and private, within residential "PUDs" may be modified as is deemed appropriate by the Board of Aldermen after reviewing recommendations from the City Engineer. Right-of-way width and street roadway widths may be reduced as deemed appropriate by the Board of Aldermen, especially where it is found that the plan for the "PUD" provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities.
2.
If owners in the future should request that the private streets be changed to public streets, the owners do fully agree that, before acceptance of such streets by the local government body, the owners will bear full expense of reconstruction or any other action necessary to make the streets fully conform to the requirements applicable at that time for public streets, prior to dedication and acceptance. Finally, the owners also agree that these streets shall be dedicated to public use without compensation to the owners.
H.
Number Of Permitted Dwelling Units. It is the intent of this Section that the number and type of dwelling units permitted within the residential "PUD" shall remain the same as would be permitted if the area were to be developed conventionally. However, the dwelling units so permitted shall be clustered and located irrespective of yard setback requirements or lot lines in order to create a smaller network of streets and utility lines and to create additional open spaces for the enjoyment of the residents.
The maximum number of permitted dwelling units within a residential planned unit development ("PUD") shall be computed as follows:
Permitted dwelling units = Net project area of the "PUD" divided by minimum average land area per dwelling unit in the applicable "PUD". |
1.
Notwithstanding the provisions herein, the minimum area for a single-family dwelling unit shall be six thousand (6,000) square feet.
2.
Residential area. The residential area for the purposes of the above-described computation shall be the gross area of the "PUD" less the area of non-residential land.
a.
Non-residential land shall include street pavement, parking lot pavement and all land allocated to schools, churches, accessory commercial development and other non-residential uses.
b.
Residential area shall include land allocated to dwellings, accessory buildings, recreational and community facilities serving the homeowners and open space.
3.
Minimum land area. The minimum land area for the purposes of the described compilation shall be:
Zone District | Average Land Area Per Dwelling Unit | |
|---|---|---|
"SF-1"/"PUD" | 12,500 | |
"SF-2"/"PUD" | 7,500 | |
"SF-3"/"PUD" | 7,500/3,750 | |
"MR"/"PUD" | 6,500/3,000/7,500 |
I.
Common Open Space.
1.
Open space resulting from the application of the residential "PUD" standards for density or intensity of land use shall be set aside for the use and benefit of the residents in such development.
2.
Such open space shall be owned and maintained in common by the residents through a homeowners' association. The residential "PUD" shall include such provisions for the ownership and maintenance of the common open spaces as are reasonably necessary to insure its continuity, care, conservation and maintenance and to insure that remedial measures will be available to the City if the common open space is permitted to deteriorate or is not maintained in a condition consistent with the best interests of the planned development or of the entire community. Such remedial measures shall include provisions for right of access over private streets, if necessary.
J.
Staged Development. The residential "PUD" may be developed in stages. In such case, the owner of the "PUD" shall designate divisible geographic sections of the entire parcel to be developed as a unit and shall specify the intended sequence of development for each such unit.
K.
Landscaping And Screening Requirements. Additional landscaping requirements may be contained in the conditions in each ordinance authorizing the establishment of the particular residential "PUD".
L.
Sign Regulations. Specific sign regulations may be contained in the conditions in each ordinance authorizing the establishment of the particular residential "PUD".
M.
Homes Association. The developer shall provide for a homes association for improving, operating and maintaining common facilities including streets, drives, service and parking areas and recreation areas.
N.
Financial Guarantees. The developer may be required to furnish such performance bonds, escrow deposit or other financial guarantees as may be determined by the Board of Aldermen to be reasonably required to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment of said plan before completion.
