Star City Zoning Code

A.

The purpose of the planned unit development (PUD) requirements is to provide an opportunity for exemplary site development that meets the following objectives:

1.

Preserves natural, scenic and historic features of major importance;

2.

Allows for innovative design that creates visually pleasing and cohesive patterns of development; and

3.

Creates functionally integrated development that allows for a more efficient and cost-effective provision of public services.

4.

Master planning of large acreages that include of variety of residential and commercial uses within one development.

B.

It is not the intent that the PUD process be used solely for the purposes of deviation from the dimensional standards in the district, however deviations from dimensional and other standards within this title, may be approved for portions of the development by the council if the PUD incorporates design features that add to the overall design and quality of the proposed development. By allowing dimensional standard deviations in portions of the development, exceptions in land uses allowed and pre-approvals of specific uses as conditions of approval within the PUD application process, the City expects in return a unique development that provides upgraded open space and amenities, mixed uses, multiple residential styles and superior site design.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)

A planned unit development can be developed in any district. A PUD must have both commercial and a variety of residential components in order to qualify.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)

A.

Preapplication Meeting: The applicant shall complete a preapplication conference with the administrator or designee prior to submittal of an application for a planned unit development. The meeting should be held well in advance of the preparation of the planned unit development application, and before a neighborhood meeting is scheduled. A draft site plan and preliminary plat map (if required) shall be provided to staff at the meeting.

B.

Application Requirements: An application, map requirements, and fees, shall be submitted to the administrator.

1.

At the discretion of the administrator, designee or city engineer, appropriate supplementary information may also be required to sufficiently detail the proposed development within any special development area, including, but not limited to, hillside, floodplain, cemetery, manufactured home parks, or hazardous or unique areas of development. Phasing plans shall be included in the application if the project is to be phased.

2.

A site amenity plan shall be provided with the planned unit development application.

C.

Concurrent Review: Concurrent review of other applications may be required as determined by the administrator. In cases where subdivision platting would be necessary, concurrent review of preliminary plat is required.

D.

Public Hearing Requirements: All planned unit development applications shall comply with the public notice and hearing procedures contained within this title.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)

The council may approve planned unit developments, in accord with the following standards:

A.

General Use Standards:

1.

Deviations From Underlying District Requirements: Deviations from dimensional and other standards within this title, may be approved by the council if the PUD incorporates design features that add to the overall design and quality of the proposed development. The exception is that along the periphery of the planned development, the applicable setbacks as established by the district shall not be reduced. Internal setback deviations may be considered by Council with approval from the Fire District, when emergency concerns are addressed. Examples for considerations may include, but are not limited to, alley-loaded homes providing multiple access points, and/or fire sprinkled homes.

2.

Allowed Uses: Applicant may request that specific conditional use(s) be allowed in the district as principal permitted use(s) and up to twenty-five percent (25%) of non-permitted uses be allowed as permitted uses if the council finds that compatibility within the PUD, compatibility with adjacent uses and compliance with the intent of the comprehensive plan is provided. It is at the sole discretion of the Council to approve non-permitted uses within the development, including the maximum amount of those non-permitted uses.

3.

Private Streets and Service Drives: The uses within the planned unit development are interconnected through a system of roadways and/or pathways as appropriate. Private streets and service drives may be permitted, if designed and constructed to the transportation authority standards and in accord with this title. The approval of private streets shall not prevent access and/or interconnectivity to adjacent properties or otherwise create unreasonable development opportunities.

4.

Buildings Clustered: Buildings shall be clustered where practical to preserve scenic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment.

5.

Density Bonus: A residential density bonus may be given for dedications of land for public use such as school, park, fire station or recreational facility provided to the public entity by donation or at a cost less than, or equal to, the applicant's predevelopment cost for that land. The bonus shall be proportional to the amount of land being dedicated. For example, if ten (10) percent of the total property is being donated, the density bonus shall be ten (10) percent. However, in no case shall the bonus exceed twenty-five (25) percent of the units permitted by the district.

B.

Private Open Space: In addition to the common open space and site amenity requirements of this title, a minimum of eighty (80) square feet of additional, private, usable open space shall be provided for each residential unit not planned as single-family detached. This requirement can be satisfied through porches, patios, decks, and enclosed yards. Landscaping, entryway and other accessways do not count toward this requirement.

C.

Residential Use Standards:

1.

Housing Types: A variety of housing types may be included within a single planned development, such as attached units (townhouses, duplexes), detached units (patio homes), single-family and multi-family units, regardless of the district classification of the site, provided that the overall density limit of the district is maintained. A minimum of two (2) housing types shall be provided for all PUD's.

D.

Infill Planned Developments: Properties of five (5) acres or less within the city of Star, that are located in areas already substantially developed (at least 80 percent of the land area within 300 feet of the boundaries of the parcel) and where water, sewer, streets, schools and fire protection have already been developed and are provided. Upon recommendation of the administrator, the council may approve exceptions to other sections of this title as an incentive for infill development, including, but not limited to the following:

1.

The council may allow up to a twenty-five percent (25%) increase in the density permitted for the district in which the site is located. It is at the sole discretion of the Council to approve the maximum density bonus requested. Density bonuses shall not be allowed in the CBD.

2.

The council may also waive or modify open space and amenity requirements set forth in this section depending on the size and scale of the planned development and proximity to public open space, pathways or greenbelts.

E.

Conditions, Bonds and Safeguards: In approving the planned unit development, the council may prescribe appropriate conditions, additional conditions, bonds, and safeguards in conformity with this title that:

1.

Minimize adverse impact of the use on other property.

2.

Control the sequence and timing, or phasing, of the uses.

3.

Control the duration of the use. Assure that the use and the property in which the use is located is maintained properly.

4.

Designate the exact location and nature of the use and the property development.

5.

Require the provision for on-site or off-site public facilities or services.

6.

Require more restrictive standards than those generally required in this title.

7.

Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, which provides services within the city.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)

Upon recommendation from the administrator, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a planned development request, the council shall make the following findings:

A.

The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design.

B.

The planned unit development preserves the significant natural, scenic and/or historic features.

C.

The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity.

D.

The internal street, bike and pedestrian circulation system is designed or the efficient and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor place an undue burden upon existing transportation and other public services in the surrounding area.

E.

Community facilities, such as a park, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways.

F.

The proposal complies with the density and use standards requirements in accord with this title.

G.

The amenities provided are appropriate in number and scale to the proposed development.

H.

The planned unit development is in conformance with the comprehensive plan.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)

The time limitations and extensions as set forth for conditional uses within this title shall also apply to planned unit developments.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)

The modification provisions as set forth for conditional uses within this title shall also apply to planned unit developments.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)