Montpelier City Zoning Code

PLANNED UNIT

DEVELOPMENTS

§ 153.075 PURPOSE.

It shall be the policy to guide a major development of land and construction by encouraging planned unit developments (PUD) to achieve the following:

(A) A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements;

(B) A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses, industrial uses and services;

(C) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns;

(D) A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and

(E) A development pattern in harmony with land use density, transportation and community facility objectives of the comprehensive plan.

(Prior Code, § 17.48.010)

§ 153.076 CONFLICT OF PROVISIONS.

Whenever there is a conflict or difference between the provisions of this subchapter and those of the other sections of this chapter, the provisions of this subchapter shall prevail. Subjects not covered by this subchapter shall be governed by the respective provisions found elsewhere in this chapter.

(Prior Code, § 17.48.020)

§ 153.077 MINIMUM AREA.

A PUD for the following principal uses shall contain an area of not less than:

(A) Three acres for residential development;

(B) Five acres for residential uses with subordinate commercial or industrial uses;

(D) Ten acres for industrial uses.

(Prior Code, § 17.48.030)

§ 153.078 USES PERMITTED.

All uses that may be allowed within the land use district are permitted within a PUD. Also, up to 10% of the gross land area may be directed to other commercial, industrial, public and quasi-public uses that are not allowed within the land use district; provided, that there is a favorable finding that:

(A) The uses are appropriate with the residential uses;

(B) The uses are intended to serve principally the residents of the PUD;

(D) The uses are located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards; and

(E) A minimum of 50% of the residential development occurs prior to the development of the related commercial or industrial land uses.

(Prior Code, § 17.48.040)

§ 153.079 OWNERSHIP REQUIREMENTS.

An application for approval of a PUD may be filed by a property owner or a person having an existing interest in the property to be included in the PUD. The PUD application shall be filed in the name or names of the recorded owner or owners of property included in the development. However, the application may be filed by the holders of an equitable interest in such property. Before approval is granted to the final development plan, the entire project shall be under single ownership or control and legal title must be presented with the final development plan.

(Prior Code, § 17.48.050)

§ 153.080 COMMON OPEN SPACE.

(A) A minimum of 15% of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. Sufficient park or open space facilities of acceptable size, location and site characteristics suitable for the proposed development may be required.

(B) Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development.

(C) The required amount of common open space reserved under a PUD shall be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the public and retained as common open space for parks, recreation and related uses. Public utility and similar easements and rights-of-way for watercourses and other similar channels, wetlands and other non-buildable land are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or other purposes approved by the Commission.

(D) The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.

(E) Every property developed under the PUD approach should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. In areas where townhouses are used, there shall be not more than eight townhouse units in any contiguous group.

(Prior Code, § 17.48.060)

§ 153.081 UTILITY REQUIREMENTS.

Underground utilities, including telephones and electrical systems, are required within the limits of all PUDs. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the Commission finds that such exemption will not violate the intent or character of the proposed PUD.

(Prior Code, § 17.48.070)

§ 153.082 INCREASED RESIDENTIAL DENSITY.

(A) To provide for an incentive for quality PUDs, the Commission may authorize an increased residential density of up to 15% of the allowable number of dwelling units.

(B) Character, identity and architectural and siting variation incorporated in a development shall be considered cause for density increases; provided, that these factors make a substantial contribution to the objectives of the PUD, which are as follows:

(1) Landscaping (a maximum increase of 5%), streetscapes, open spaces and plazas, use of existing landscaping, pedestrian way treatments and recreational areas;

(2) Siting (a maximum increase of 5%), visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and

(3) Design features (a maximum increase of 5%), street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types.

(Prior Code, § 17.48.080)

§ 153.083 ARRANGEMENT OF COMMERCIAL USES.

(A) (1) When PUDs include commercial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections.

(2) Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.

(B) The plan of the project shall provide for the integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner.

(Prior Code, § 17.48.090)

§ 153.084 ARRANGEMENT OF INDUSTRIAL USES.

(A) PUDs may include industrial uses if it can be shown that the development results in a more efficient and desirable use of land.

(B) Industrial uses and parcels shall be developed in park-like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.

(C) Project side yards of 40 feet and a rear yard of 50 feet shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right-of-way line and project building line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times.

(Prior Code, § 17.48.100)

§ 153.085 PROCEDURE FOR APPROVAL OF A PUD.

When the PUD also qualifies as a subdivision, the processing of the special use PUD permit and subdivision application shall occur at the same time. The granting of a special use permit for a PUD shall require a pre-application, the submission of a preliminary development plan and approval by the Council of a final development plan as specified within this chapter.

(Prior Code, § 17.48.110)

§ 153.086 PRE-APPLICATION MEETING.

The developer shall meet with the Administrator prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this chapter, and the criteria and standards contained herein, and to familiarize the developer with the comprehensive plan, zoning ordinance, subdivision ordinance and such other plans and ordinances as deemed appropriate.

(Prior Code, § 17.48.120)

§ 153.087 APPLICATION FOR APPROVAL OF PRELIMINARY DEVELOPMENT PLAN.

(A) (1) An application for preliminary PUD shall be filed with the Administrator by a property owner or person having existing interest in the property for which the PUD is proposed.

(2) At a minimum, the application shall contain the following information filed in triplicate:

(a) Name, address and phone number of applicant;

(b) Name, address and phone number of the registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;

(d) Description of the existing use;

(e) The zoning districts;

(f) A vicinity map at a scale approved by the Commission, showing property lines, streets, existing and proposed zoning and such other items as the Commission may require to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services;

(g) A preliminary development plan at a scale approved by the Commission showing topography at two-foot intervals; the location and type of residential, commercial and industrial land uses; layout, dimensions and names of existing and proposed streets; rights-of-way; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas, school bus stop areas, solid waste pickup areas, mail delivery boxes if a central location is to be used and such other characteristics as the Commission deems necessary;

(h) Proposed schedule for the development of the site; and

(i) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two years.

(B) The application for preliminary PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his or her opinion, the PUD would be in the public interest.

(C) Once the Administrator has met with the developer and is satisfied the applicant is ready to present the plan to the Commission, the developer shall submit the plan to the Commission for review. If the Commission is in agreement that basic preparation is in order, the applicant may proceed forward to a public hearing.

(Prior Code, § 17.48.130)

§ 153.088 PUBLIC NOTICE.

The same provision for public hearing and legal notification as required for conditional use permits shall be followed.

(Prior Code, § 17.48.140)

§ 153.089 APPROVAL IN PRINCIPLE BY THE COMMISSION.

(A) Within 30 days after the public hearing, the Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this chapter; whether the proposed development advances the general welfare of the community and neighborhood and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations.

(B) (1) The Commission shall consider the general standards applicable to conditional use permits and criteria for conditional uses before approving in principle a preliminary development plan.

(2) The approval of a preliminary development plan does not create a vested right.

(C) Based upon evidence presented at the public hearing and review of the preliminary development plan, the Commission may require additional conditions, including but the limited to, the following:

(1) Minimizing adverse impact on other development;

(2) Controlling the sequence and timing of development;

(3) Controlling the duration of the development;

(4) Assuring the development is maintained properly;

(5) Designating the exact location and nature of development;

(6) Requiring provision for on-site public facilities or services;

(7) Requiring more restrictive standards than those required by ordinance;

(8) Requiring park or open-space facilities;

(9) Requiring the preserving of natural features in the design of development; and

(10) Requiring sign controls.

(Prior Code, § 17.48.150)

§ 153.090 APPLICATION FOR APPROVAL OF FINAL DEVELOPMENT PLAN.

(A) (1) Upon approval in principle of a preliminary development plan, an application for approval of the final development plan may be filed with the Administrator by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed.

(2) Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for the final development plan.

(B) At a minimum, the application shall contain the following information:

(1) A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses;

(2) All the information required on the preliminary development plan, the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use considered suitable for adjacent properties;

(3) A schedule for the development of units to be constructed in progression and a description of the design principles for:

(a) Buildings and streetscapes;

(b) Tabulation of the number of acres in the proposed project for various uses;

(d) Estimated residential population by type of housing; and

(e) Estimated nonresidential population; anticipated timing for each unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard zoning districts or other ordinances governing development.

(4) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations, waste disposal facilities, street improvements and nature and the extent of earth work required for site preparation and development;

(5) A site plan showing buildings, structures, various functional use areas, circulation and their relationship;

(6) Preliminary building plans including floor plans and exterior elevations;

(7) Landscaping plans; and

(8) Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained.

(Prior Code, § 17.48.160)

§ 153.091 RECOMMENDATION BY COMMISSION.

(A) (1) Within 30 days after receipt of the final development plan, the Commission shall recommend to the Council that the final development plan be approved as presented, approved with supplementary conditions or disapproved.

(2) The Commission shall then transmit all papers constituting the record and the recommendations to the Council.

(B) The Commission shall find that the facts submitted with the application and presented to it establish the following:

(1) The proposed development can be initiated within two years of the date of approval;

(2) Each individual unit of the development, as well as the total development, can:

(a) Exist as an independent unit capable of creating an environment of sustained desirability and stability; or

(b) Adequate assurance will be provided that such objective will be attained and the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations.

(3) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD;

(4) Any proposed commercial development can be justified at the locations proposed;

(5) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the Council;

(6) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;

(7) The PUD is in general conformance with the comprehensive plan;

(8) The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed; and

(9) Evidence of financial capacity exists and/or a surety bond is in place to allow for completion of the project and is sufficient to cover escalating costs.

(Prior Code, § 17.48.170)

§ 153.092 ACTION BY THE COUNCIL.

(A) Within 30 days after receipt of the final recommendation of the Commission, the Council shall either approve, approve with supplementary conditions or disapprove the application as presented. Upon granting or denying the application, the Council shall specify:

(1) The ordinance and standards used in evaluating the application;

(2) The reasons, facts and findings for approval or denial; and

(3) The action, if any, that the applicant could take to obtain a permit

(B) The Council may require the developer to provide “as-built” plans fully implementing all conditions agreed upon in accordance with the final development plan.

(C) If the application is either approved or approved with conditions, the Council shall direct the Administrator to issue zoning permits only in accordance with the approved final development plan and the supplementary conditions attached thereto.

(Prior Code, § 17.48.180)

§ 153.093 EXPIRATION AND EXTENSION OF APPROVAL PERIOD.

(A) The approval of a final development plan for a PUD shall be for a period not to exceed two years to allow for the preparation and recording of the required subdivision plat and the development of the project.

(B) If no construction has begun within two years after approval is granted, the approved final development plan shall be void.

(C) An extension of the time limit or modification of the approved final development plan may be approved if the Commission finds that such extension or modification is not in conflict with the public interest.

(Prior Code, § 17.48.190)