Mustang City Zoning Code

A planned unit development is a special zoning district category that provides an alternate approach to conventional land use controls. The planned unit development may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to a master development plan. The planned unit development is subject to special review procedures. Once approved by the city council, it becomes a special zoning classification for the property it represents.

(Code 1977, § 17.44.010)

(a)

It is the intent of this article to encourage unified design of residential, commercial, industrial or institutional areas and facilities, or combinations thereof, and to provide for integrated development having harmony of design and variety of function. It is also the intent of this article to encourage the development of planned commercial and industrial sites to eliminate the adverse impacts of traditional strip zoning.

(b)

The purpose of the planned unit development provisions is to:

(1)

Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use, ensuring compatibility with adjoining and proximate properties, and following the guidelines of the comprehensive plan;

(2)

Permit flexibility within the development to maximize the unique physical features of the particular site;

(3)

Encourage efficient use of land, facilitate economic arrangement of buildings and circulation systems, and encourage diversified living environments and land uses;

(4)

Achieve a continuity of function and design within the development;

(5)

Encourage innovative development of smaller parcels of land that have been passed over; and

(6)

Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development and protect the health, safety and welfare of the community.

(Code 1977, § 17.44.020)

A planned unit development may be authorized by an amendment to the official zoning district map after public hearings by the planning commission and city council. A planned unit development shall be considered a special zoning district, and it may be authorized for any use or combination of uses permitted in this chapter. A planned unit development must comply with the following requirements:

(1)

Minimum district area. A planned unit development zoning district shall have a minimum area of not less than one acre or the minimum area requirement of the zoning district which the planned unit development is based upon, whichever is greater.

(2)

Master plan. A planned unit development master plan is required as the basis for review and approval of a planned unit development application. The planned unit development master plan shall be adopted as a part of the ordinance of rezoning and shall be in conformance with the requirements of this chapter and the following:

a.

The planned unit development master plan shall consist of two elements, the design statement and the master development plan map;

b.

The planned unit development master plan shall establish residential densities, as well as amount, type and general location of all land uses; and

c.

The planned unit development master plan shall serve as the basis for review and approval of all subdivision plats and building permits within the planned unit development.

(Code 1977, § 17.44.030)

(a)

Approval of a zoning change to planned unit development adopts the master plan prepared by the applicant and reviewed as a part of the application. The master plan establishes new and specific requirements for amount and type of land use, residential densities, development regulations, and location of specific elements of the development such as open space, landscaping and screening.

(b)

The planned unit development classification replaces any previous zoning district classification on a parcel.

(c)

Where there is no provision in the planned unit development master plan for special development regulations, the requirements of the most restrictive conventional zoning district in which a proposed use or a structure is permitted shall be applied to the development.

(Code 1977, § 17.44.040)

(a)

Because the planned unit development provides the opportunity for higher densities, greater design flexibility, mixed land uses, and improved marketability, the applicant should be prepared to provide amenities and services that might not be required or possible in a conventional development. Review and approval of a planned unit development is, therefore, a process of negotiation between the city government and the applicant to achieve the intents and purposes of this chapter and the comprehensive plan. The following factors should be specifically included as review criteria for the evaluation of a planned unit development application. Other factors not listed in this section may also be considered in the review process in order to respond to specific design and land use proposals.

(b)

The following design standards should be specifically included as review criteria for the evaluation of a planned unit development application:

(1)

General development standards. The proposed planned unit development should be designed to provide for the unified development of the area in accordance with the spirit and purpose of the comprehensive plan and the land uses and zoning districts adjacent to it.

(2)

Modification of zoning requirements. Design of the planned unit development may provide for modification of conventional zoning ordinance requirements for such elements as yard areas, densities, setback and height on individual lots in accordance with the planned unit development master plan.

(3)

Conformance with master plan and comprehensive plan. Density, land use and intensity of use requirements should be based on the planned unit development master plan and should be reviewed carefully for conformance to the comprehensive plan.

(4)

Conformance with building code. Building code requirements should not be reduced or modified in the design of a planned unit development.

(5)

Gross density. The maximum number of dwelling units within a planned unit development should be based on calculation of gross density. Gross density should be established in the planned unit development master plan and should be calculated by dividing the total land area to be developed for residential uses (exclusive of arterial streets) by the number of dwelling units.

(6)

Housing type and location. Location and type of housing should be established in a general pattern and shown on the master development plan map.

(7)

Park dedication, parking facilities and landscaping. Park dedication requirements (chapter 106, article VI), parking requirements (article X of this chapter) and landscaping requirements (article IX, division 2 of this chapter) should not be reduced in the design of a planned unit development.

(8)

Intensity. Proposed development should conform to the level of intensity guidelines in the comprehensive plan and should be developed in a manner and at a scale that will be compatible with adjacent developed neighborhoods.

(9)

Amenities. Amenities should be considered as an important justification for development and city approval of a planned unit development. Where gross or net densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed, usable open space should be furnished along with provisions for its permanent retention and continued maintenance. Sidewalks and pedestrian ways shall be planned where it is necessary to provide for amenity and public safety.

(10)

Minimum land area and frontage. The minimum area and frontage for a planned unit development request involving office, commercial or industrial land uses should generally be at least the minimum required by the conventional zoning associated with the proposal.

(11)

Streets. The following are general design standards for streets:

a.

Street design should be innovative and should restrict through traffic from residential areas as much as possible.

b.

Encouragement should be given to design of short local streets serving limited areas, such as the residential cul-de-sac.

c.

Development of a private street system should be considered appropriate under certain conditions where there is no through traffic. However a private street system should not serve as a reason for reduction of minimum design and paving standards in urban areas.

d.

On-street parking bays or other similar areas should not be approved.

(12)

Adjacent land uses. The following general guidelines should be used to establish the relationship of the planned unit development to abutting land uses:

a.

The master development plan map shall show graphically the treatments that will be employed to separate the planned unit development from abutting properties, including commitments to landscaping, screening, earth berms or similar techniques.

b.

It is appropriate to specifically establish areas with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower intensity area.

(13)

Mixed land use developments. Where a planned unit development proposes a mix of uses which would generally be incompatible with a conventional development, the planned unit development master plan should specifically establish appropriate guidelines to ensure a harmonious development.

(14)

Common access. In commercial or industrial developments, the planned unit development master plan should establish specific standards and locations for common access driveways both within the development and abutting arterial streets.

(c)

Streets and alleys for planned unit developments should be designed and constructed in accordance with city standards and specifications for right-of-way width and paving cross sections.

(Code 1977, § 17.44.050)

(a)

The developer and/or builder of a planned unit development shall follow a five-step application and review procedure:

(1)

Pre-application review;

(2)

Application for rezoning, and submission of the planned unit development master plan, including the design statement and master development plan;

(3)

Preliminary plat, where required by the subdivision regulations (chapter 106);

(4)

Final plat, where required by the subdivision regulations (chapter 106); and

(5)

Application for building permits and site plan review.

(b)

Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted for the steps described in subsections (a)(3) and (4) of this section. The planning commission and city council may, however, review more than one step at the same public hearing.

(c)

Public hearings shall be required as follows:

(1)

Public hearings shall be held on the application for rezoning and the planned unit development master plan in accordance with regular procedures for zoning applications; provided, if the proposed rezoning includes a use that is allowed only in the C6 commercial special use district, then the notice required shall be in accordance with that required for C6 zoning amendments; and

(2)

Public hearings on required plats shall be held in accordance with regular procedures established in the subdivision regulations.

(Code 1977, § 17.44.060; Ord. No. 1037, § 10, 2-2-2010)

Prior to submission of an application for rezoning to a planned unit development, the applicant shall submit to the director a freehand pencil sketch plan drawn to approximate scale showing streets, lots, public areas and other significant features. The applicant should discuss with the director the procedure for adopting a planned unit development and the requirements for the general layout of streets and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters. The intent of the pre-application review is to ascertain whether the development is feasible as proposed and to expedite and facilitate the approval of a planned unit development master plan.

(Code 1977, § 17.44.061)

(a)

Filing. The planned unit development application for rezoning shall be filed in accordance with regular procedures and on application forms of the city. Twelve copies of the planned unit development master plan shall be submitted with the application for rezoning and shall consist of a design statement and a master development plan map. The applicant shall also provide other supporting maps as necessary to meet the submission requirements of this chapter.

(b)

Master development plan map. The master development plan map shall be a graphic representation of the development plan for the area, prepared at a scale appropriate for the size of the project, but no less than the minimum required for preliminary plats in the subdivision regulations (chapter 106). It shall show the following:

(1)

Location of proposed land uses, residential densities and structures;

(2)

Location of collector streets within the planned unit development and adjacent arterial streets;

(3)

Sufficient surrounding area to demonstrate the relationship of the planned unit development to adjoining uses, both existing and proposed;

(4)

Location and approximate size of proposed open space and recreation areas and landscaping;

(5)

Areas where access to streets will be limited, and location of driveways where appropriate;

(6)

Design of all off-street parking facilities, with design of ingress and egress; and

(7)

Any other pertinent information necessary for review, approval and administration of the planned unit development as determined by the director of community development. This could include but is not limited to showing the location of oil wells, towers or electrical lines.

(c)

Development design statement. The planned unit development design statement shall be a written report submitted as a part of the planned unit development master plan, containing a minimum of the following elements:

(1)

Title of the planned unit development;

(2)

List of the owners and developers;

(3)

Statement of the general location and relationship to adjoining land uses, both existing and proposed;

(4)

Description of the planned unit development concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description of proposed building use types, proposed restrictions, and typical site layouts;

(5)

The existing planned unit development zoning districts in the development area and surrounding it;

(6)

A list of all special development regulations or the conventional zoning district regulations which will be applicable;

(7)

A statement on the existing and proposed streets, including right-of-way standards and street design concepts;

(8)

The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover and drainage information;

(9)

A topographic map with minimum two-foot contour intervals;

(10)

Drainage information, including number of acres in the drainage area and delineation of applicable flood levels;

(11)

A statement of utility lines and services to be installed, including which lines will be dedicated to the city and which will remain private;

(12)

The proposed densities, and the use types and sizes of structures;

(13)

A description of the proposed sequence of development; and

(14)

If there is no plat required or if other methods authorized in the subdivision regulations are appropriate, then the items required by subsections (b)(1) and (2) of this section shall be submitted and approved as a part of the planned unit development master plan at the time of rezoning.

(Code 1977, § 17.44.062)

Upon approval of the planned unit development master plan and the ordinance of rezoning, the developer shall prepare a preliminary plat for the entire development area. Where a recorded plat exists and where there will be no extensive easements, no property owners' associations, no plat restrictions, and no sale of lots which do not conform to the platted lot lines, the planning commission may waive the platting requirement.

(Code 1977, § 17.44.063)

Where a subdivision plat has been required for a planned unit development, the developer shall prepare a final plat for review, approval and filing of record according to procedures established by the subdivision regulations (chapter 106). In addition to these procedures, the following shall apply:

(1)

The final plat shall include provisions for the ownership and maintenance of common open space. The open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the city council.

(2)

A homeowners' or property owners' association shall be created if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities, including private streets and drives, service and parking areas, and recreation areas.

(3)

Covenants shall be submitted to reasonably ensure continued compliance with the approved planned unit development master plan. In order that the public interest may be protected, the city shall be made a beneficiary of the covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, maintenance of common facilities, and access. Such covenants shall provide that the city may enforce compliance therewith.

(Code 1977, § 17.44.064)

A plot plan shall be submitted for planned unit developments upon the application for a building permit and reviewed in accordance with the procedures outlined in article II of this chapter.

(Code 1977, § 17.44.065)

(a)

Design review.

(1)

All planned unit development applications shall be reviewed through the design review process. Upon receipt of a completed application and application fee for planned unit development master plan review, the director shall transmit the application and all supporting material to the various city departments involved with the design review process and to appropriate officials or agencies of the city, the county, adjoining counties or municipalities, school and special districts, and other official bodies as deemed necessary or as mandated by law, including any review required by regional or state bodies under applicable state or federal law. Each participant shall consider all pertinent information, and shall provide the director with a report of its findings, comments and recommendations.

(2)

After receiving all comments, the director shall advise the applicant whether or not significant changes or modifications should be made to the planned unit development master plan application prior to the proposal's consideration by the planning commission. The applicant may elect to present the application to the planning commission without modification.

(3)

This process shall conform to the design review process in the subdivision regulations (chapter 106). Where a preliminary plat and a planned unit development master plan are submitted together, they may be reviewed concurrently.

(b)

Approval.

(1)

Upon final approval by the city council of the planned unit development master plan and the appropriate ordinance of rezoning, these elements shall become a part of the official zoning district map. The ordinance of rezoning shall adopt the planned unit development master plan by reference, and it shall be attached to the ordinance and become a part of the official records of the city.

(2)

The planned unit development master plan shall control the use and development of the property, and all building permits and development requests shall be in accord with the plan until it is otherwise amended by the city council. The developer shall furnish a reproducible copy of the approved master development plan map for signature by the chairperson of the planning commission and the mayor, and acknowledgement by the city clerk. The planned unit development master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the city clerk.

(c)

Public hearings. Public hearings shall be required prior to approval of the planned unit development master plan. Notice shall be provided in accordance with regular procedures established by this chapter.

(Code 1977, § 17.44.070)

(a)

The director shall be permitted to approve minor amendments and adjustments to the planned unit development master plan provided the following conditions are satisfied:

(1)

The project boundaries are not altered.

(2)

Uses other than those specifically approved in the planned unit development master plan are not added. Uses may be deleted, but not to the extent that the character of the project is substantially altered.

(3)

The allocation of land to particular uses or the relationship of uses within the project is not altered by more than 15 percent.

(4)

The density of housing is not increased by more than ten percent or decreased by more than 30 percent.

(5)

The land area allocated to nonresidential uses is not increased or decreased by more than ten percent.

(6)

Floor area, if prescribed, is not increased or decreased by more than ten percent.

(7)

Floor area ratios, if prescribed, are not increased.

(8)

Open space ratios, if prescribed, are not decreased.

(9)

Height restrictions, yard requirements, lot coverage restrictions and other area, height and bulk requirements prescribed in the planned unit development master plan are not substantially altered.

(10)

The circulation system is not substantially altered in design, configuration or location.

(11)

The design and location of access points to the project are not altered either in design or capacity.

(b)

The director shall determine if proposed amendments to an approved master development plan satisfy the criteria in this section. If the director finds that these criteria are not satisfied, an amended planned unit development master plan shall be submitted for full review and approval according to the procedures set forth in this chapter.

(Code 1977, § 17.44.080)

(a)

Reversion at property owner's request. If the property owner decides to revert the planned unit development concept and nullify the planned unit development master plan, he shall make application for rezoning either to the original status or to a new classification. The zoning application shall be heard according to regular procedures by the planning commission and city council.

(b)

Continuing review of project status. Development of at least one tract within a Planned Unit Development (PUD) shall begin within three years from approval date of the PUD master plan. If development has not begun, the city council, after hearing the planning commission's recommendation, may cause the reversion of the PUD to its former zoning classification(s). Development must also take place on at least one additional tract every three years after the initial three-year deadline, or the city council, after hearing the planning commission's recommendation, may cause the reversion of all remaining undeveloped tracts within the PUD to their former zoning classifications. This ordinance shall apply to all PUD rezoning applications approved after the effective date of this section.

To prevent the tracts in the PUD from reverting back to their former zoning classifications, one of the following must occur:

(1)

Development. In order for development to be considered to have begun, an application shall be made for a plat or building permit. Said permit or application fees shall be paid prior to the end of the three-year period. When construction of permanent improvements or structures is the method of development they must begin within six months of the purchase of said permit. When platting is the method of development there shall be at least a preliminary plat approved by council within one year of application. A final plat shall be approved within one year from date of approval of the preliminary plat, or neither will be considered to have begun and the city council, after hearing the planning commission's recommendation, may cause the reversion of all remaining undeveloped tracts within the PUD to their former zoning classifications.

(2)

Development time line.

a.

Application for permanent improvements or structures must be made within three years of effective date of the PUD. Actual construction must begin within six months of application; or

b.

Application for preliminary plat must be made within three years of the effective date of the PUD. Preliminary plat must be approved by council one year from date of application. Council must approve final plat within one year after the preliminary plat has been approved.

(3)

Extension. To request an extension, the owner may submit in writing to the city council not less than 60 days before the expiration, reason or reasons for not starting development within the PUD and request the actual extension of time required to begin development. The planning commission shall review all such requests and make a recommendation to the city council. The city council shall then review such requests and determine if the extension of time is warranted. At that time, the city council shall either grant or deny the extension or modify the time requested. Only one extension will be permitted, and if no development has taken place before the expiration of the extension, the city council, after hearing the planning commission's recommendation, may cause the reversion of all remaining undeveloped tracts within the PUD to their former zoning classifications.

(Code 1977, § 17.44.090; Ord. No. 877, § 1, 12-16-2003)