In addition to other districts requiring approval by the planning commission, Planned Unit Developments may be permitted to allow for the development of specific types of land uses which because of their large size, special character or unique nature have the potential to create significant impact on abutting or nearby properties and therefore require special consideration and planning to avoid adverse impact on their surroundings and the community at large. Planned developments may include a single use of land or a group of associated or related uses. In order to establish a Planned Unit Development, a site development plan, including any required design standards must be approved by the planning commission, prior to the establishment of the development.

(Res. No. 2013-14, 12-2-2013)

The regulations set forth in this article, or set forth elsewhere in this zoning ordinance when referred to in this article, are the regulations that apply to the planned development districts as they are established in Section 3.1. The general intent of these districts is outlined as follows:

6.2.1 Planned Residential.

The purpose of a Planned Residential Development is to accommodate the development of residential communities that may incorporate a full range of housing types and limited commercial uses that primarily serve the residents of the planned residential community. In order to encourage high-quality design and innovative arrangements of buildings and open space uses throughout the project site, this district provides substantial flexibility from the conventional use and dimensional requirements found in the general residential zoning districts.

The purpose for special regulations for planned residential developments is to promote variety, innovation, and flexibility in development by allowing certain variations in lot sizes, dwelling unit types and use or design requirements which:

a.

Permit a creative approach to the development of residential land;

b.

Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of the zoning ordinance;

c.

Provide for an efficient use of land;

d.

Enhance the appearance of neighborhoods through preservation of natural features;

e.

Provide for recreational areas and open space; and

f.

Provide an opportunity for new approaches to living environment and provide an environment of stable character compatible with surrounding residential areas.

6.2.2 Planned Business/Shopping.

A Planned Business or Shopping Development is intended for a unified grouping of commercial buildings which do not require or desire a central business district location. It is the objective of this planned district to achieve the highest quality site design, building arrangement, landscaping and traffic circulation patterns possible.

It is not the intent of this planned development district to restrict potential development by limiting uses. In general, uses permitted shall include office, commercial services and light distribution centers. Since some permitted uses may be incompatible with others the developer of a planned commercial complex shall provide the planning commission with a list of uses permitted in his development which shall be compatible with each other and neighboring uses as authorized under restrictive covenants; provided, however, that no use that allows the selling of alcohol for consumption on premises shall be located within five hundred feet of any residential or agricultural zone.

6.2.3 Planned Industry.

The purpose of a Planned Industry Development is to create a planned industrial area which provides for one or more principal industrial uses to be located in the development. Such development shall take place in one or more programmed series of development operations and provide for employment opportunities for local residents to be developed in an orderly manner.

A Planned Industry Development may serve as an alternative to the general industry districts for industrial uses to be located. Rezoning to a Planned Industry Development shall be voluntary on the part of the applicant. A Planned Industry Development is viewed as a sound means of introducing industrial developments in portions of Union Springs which may not have witnessed industrial development in the past while at the same time protecting property values of surrounding properties.

6.2.4 Planned Recreational

The purpose of a Planned Recreational Development is to accommodate the development of large-scale recreational facilities and their related support services. Intended uses for Planned Recreational Developments include such compatible and related active and passive recreational activities as regional recreation centers (which may include swimming pools, tennis courts, BMX tracks, bicycle trails and the like), major parks and multiple-use trails, golf courses, riding stables and trails, sports stadiums, outdoor tracks and related recreational uses.

6.2.5 Planned Mixed use

The purpose of a Planned Mixed Use Development is to allow a variety of complimentary residential, office and commercial uses in a planned and orderly layout. Unlike most other zoning districts in this zoning ordinance, a Planned Mixed Use Development allows for commercial and residential areas to be interspersed and developed adjacent to each other in one integral unit in either a horizontal or vertical manner. It is intended that this type of development will help create mixed use complexes in which mutually supporting residential, commercial and office complexes are scaled, balanced and located so as to result in a more homogenous environment than if such uses were developed individually. The end result of this process should be that housing will be provided in close proximity to shopping and employment destinations and traffic can be better channeled within such a development rather than along the existing highway network. In order to promote good design, the safety of pedestrians and motorists, and efficient usage of land, the following criteria shall be addressed and incorporated into all areas proposed for Planned Mixed Use Development:

a.

That residential uses be so separated from major vehicular traffic flows and other disquieting influences as to protect privacy and tranquility;

b.

That general commercial and service uses be concentrated for maximum pedestrian convenience and located for easy accessibility by residents of the district, workers within the district, and that commercial frontage is uninterrupted by residential or office uses;

c.

That major employment uses be so located as to be convenient to collector or arterial streets.

d.

Where such Development adjoin residential neighborhoods, it is intended that arrangement of buildings, uses, open space, and vehicular access be such as to provide appropriate transition and reduce potential adverse effects.

6.2.5 Planned Major office and institutional.

The purpose of a Planned Major Office and Institutional Development is to accommodate the development of large-scale office complexes, educational campuses, or office / education / research facilities. Expected development would include facilities such as professional office park, secondary schools, colleges and universities, technical and vocational training facilities and related activities including auditoriums, libraries and other directly related educational facilities, government or other public service centers, research parks and related facilities.

(Res. No. 2013-14, 12-2-2013)

A Planned Unit Development may hereafter be established by amendment to the City of Union Springs Zoning Map and related amendatory action, changing the designation of one or more contiguous lots from their existing zoning classification to PUD Planned Unit Development. Such zoning change may only be made by the Union Springs planning commission where it has been determined that the area is suitable in location and character for the uses and structures proposed to be planned and developed on a unified basis, according to the requirements and procedures set forth herein.

Planned Unit Developments shall be appropriately located with respect to intended functions, to the pattern and timing of development, in accord with the City of Union Springs Comprehensive Plan, and to public and private facilities existing or to be available by the time the development reaches the stage where they will be needed. All major residential subdivisions must be created within a planned residential or planned mixed use district and will be reviewed using the criteria specified in this chapter and the City of Union Springs Subdivision Regulations.

(Res. No. 2013-14, 12-2-2013)

6.4.1 Relationship to road network.

A Planned Development created pursuant to this zoning ordinance shall have access to and from a collector or arterial road (as designated by the Alabama Department of Transportation). In no instance, however, shall any lot within such district access directly upon such arterial or collector road. Access to all lots within a Planned Development District shall be via internal roads designed to channel traffic into and out of the area contained in the Planned Development District. Roads which provide public access but are privately maintained (i.e., private roads) may be allowed in a planned development. All such roads, however, shall be subject to meeting all applicable minimum Union Springs road specifications and standards.

6.4.2 Physical Character of the site.

A parcel, or parcels, located in a Planned Development shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, free from the probability of flooding, erosion, subsidence or slipping of the soil, or other dangers. Conditions of soil, ground water level, drainage, and topography shall all be appropriate to both the kind and pattern of use intended. If appropriate to the form of planned development, lands to be included in Planned Development may be divided by streets, alleys, rights-of-way, or easements, but shall be so located, dimensioned, and arranged as to permit unified planning and development and to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas.

6.4.3 Size and dimensions.

Any Planned Development created shall consist of one or more tracts whose aggregate area shall be a minimum of 20 acres. Once a Planned Development District has been created, the Union Springs planning commission shall have the authority to enlarge the size of the district, provided that all reasonable safeguards are taken to ensure that all enlargements serve to enhance the unity and coordination of the project with regard to physical design and layout and compatibility of land uses within and surrounding the boundaries of the district.

The intent of the Planned Development District is to provide the best design and coordinated arrangement of buildings and land uses. It is not likely therefore, that a planned commercial development would contain less than 20 acres. However, if in the opinion of the planning commission, the functional design of a building grouping meets the intent of these regulations, the Commission may approve a planned development district of less than 20 acres. The following dimensions apply regardless of total development size:

a.

Periphery Boundary: All buildings shall be set back at least fifty feet from any peripheral boundary of the project, or any public street or road existing prior to the planned commercial district.

b.

Lot Coverage: Any project divided into individual lots or building sites shall specify yard and lot coverage requirements in its protective covenants provided however, that no buildings shall cover more than fifty percent of its lot at its ultimate expansion potential.

c.

Height: In general, height shall be limited to forty-five feet. However, to permit the greatest flexibility of design the planning commission may approve greater heights provided such height is an integral part of the building grouping and enhances the design of the entire project.

d.

Parking and Loading: Parking and loading requirements shall be specified in the restrictive covenants governing the development but in no case may they be less than the requirements specified in Article 9 of this zoning ordinance. No parking shall be permitted in the front yard of any structure constructed on an individual lot unless such parking area is landscaped with trees, shrubs, and grass islands to prevent the appearance of open parking lot.

e.

Storage: Outdoor storage shall be prohibited unless fully screened on all sides by an opaque ornamental screen.

f.

Landscaping: A landscape plan for the entire development shall be prepared and presented to the planning commission for approval. This plan shall show the type and location of plantings, locate and show the purpose of visual screens and establish a means to insure the accomplishment of the landscape plan. The landscaping plan shall include but not be limited to approaches to building entrances, appropriate visual screens and any parking areas.

(Res. No. 2013-14, 12-2-2013)

The following items shall be submitted and procedures followed for rezoning one or more contiguous parcels to a Planned Development District classification.

6.5.1 Submittal of Project Proposal to the Zoning Administrator.

The following items shall be submitted to the zoning administrator with regard to the establishment of a Planned Development District.

a.

Report. A report shall be submitted which identifies all property ownerships and beneficial interests within the boundaries of the proposed Planned Development District and giving evidence of unified control of its entire area. The report shall state agreement of all present owners and holders of beneficial interest:

(1)

To proceed with the proposed development according to regulations existing when the map amendment creating the Planned Development District is passed, with such conditions as may be set by the Union Springs planning commission;

(2)

To conform in the process of development to the preliminary development concept plan, and to proposals for staging of development, according to requirements herein indicated;

(3)

To provide such bonds, dedications, easements, guarantees, agreements, deeds of trusts, contracts, and/or covenants acceptable to the Planning Commission as may be reasonably necessary to protect the public interest in completion of such development according to approved plans, and for provision and continuing operation and maintenance of such areas, facilities, and functions as are not to be provided, operated, or maintained at general public expense, and to provide such dedications, contributions, or guarantees as are required for provision of needed public facilities and services.

b.

Survey. A survey of the proposed Planned Development District showing property lines and ownership; and existing features, including streets, alleys, easements, utility lines, existing land use, general topography, and physical features.

c.

Preliminary Development Concept Plan. A Preliminary Development Concept for the Planned Development District, indicating:

(1)

The name of the proposed planned development, and the names of the developer(s) and professional planner(s).

(2)

Scale, date, north arrow.

(3)

Location, height, floor area, and use of existing structures, if any, and approximate location, orientation, height, floor area, and use of proposed structures or portions of structures.

(4)

Points of ingress and egress for principal pedestrian, private automotive, and waterway traffic, and circulation patterns within the Planned Development District.

(5)

Location, character, and scale of parking and service facilities, such as area and number of spaces in parking lots, character of structural parking, and the like; location of principal service areas for major structures or complexes. Such shall not be required for developments, or portions thereof, containing single and two-family dwelling units.

(6)

Relation of abutting land uses and zoning districts, including, where view protection is an objective, location of principal public viewpoints into or through the proposed Planned Development District.

(7)

Existing lots and blocks, if any, and general pattern of proposed lots and blocks, if any.

(8)

Type, location and character of existing and/or proposed public or private areas and/or facilities located within the development.

(9)

Restrictions, if any, on type or mix of land uses proposed for the Planned Development District.

(10)

Proposed floor area ratios, impervious surface ratios and common open space areas, as required by this zoning ordinance. Methods of how such open space areas shall be maintained; or proposals for conveyance of such open space areas to a public body.

The Preliminary Development Concept Plan is required for determination as to internal relationships between or among uses and activities proposed and their supporting systems and facilities, and relation to surrounding uses, activities, systems, and facilities. With respect to Preliminary Development Concept Plans, it is the intent of these regulations that such plans shall include all data reasonably necessary for determining whether the proposed development meets the specific requirements, limitations, and intent of a particular type of Planned Development District.

Therefore, information in addition to that specified above may be requested by the zoning administrator when necessary to make such determinations with respect to a particular Planned Development District. Such information shall be provided, if reasonably necessary to make such determinations, before processing proceeds.

d.

Special Surveys, Approvals, or Reports Required. Where development is dependent on such special surveys, approvals, or reports required by law in the circumstances of a particular Planned Development proposal are required where development of a major element of the proposal or the entire proposal is dependent upon such special surveys, approvals, or reports.

e.

Indications as to Nature and Succession of Staging. Where a Planned Development is to be constructed in stages, indications as to the nature of the Planned Development, uses, location, and floor areas or residential densities to be developed, and timing of the beginning and end of development of the first stage; and similar information on succeeding stages; provided, that in lieu of an indication of specific timing on succeeding stages, the initiation of succeeding stages may be made dependent upon completion of all or substantial portions of the first stage, within the time limits provided.

f.

Proposals on Provision and Continuing Operation and Maintenance of Facilities for Common Use. Proposals describing provisions to be made concerning establishment and continuing operation and maintenance of such areas, facilities, and improvements as will be for common use by some of all of the occupants of the district and persons visiting the district, but which will not be provided, operated, or maintained at general public expense. These proposals shall give adequate assurance to the City of Union Springs that such areas, facilities and improvements will be continued, operated, and maintained without future expense to the taxpayers of Union Springs.

g.

Proposals Concerning Restrictive Covenants. Proposals concerning any restrictive covenants to be recorded with respect to property included in the Planned Development District.

h.

Traffic Impact Study. A study prepared by a qualified transportation or traffic engineer or planner, including the following information:

(1)

Existing traffic conditions within the study area boundary.

(2)

Estimated traffic volumes to be generated by the proposed development, including the morning peak, and afternoon or evening peak.

(3)

Analyses of the capacities of intersections located with the study area boundary.

(4)

Recommendations for improvements to mitigate traffic impacts.

6.5.2 Zoning Administrator review.

On receipt of the items listed in Section 6.5.1, the zoning administrator shall review such items and circulate to other appropriate City, County and State agencies such documents to determine conformity with any adopted land use regulations, plans or studies applicable in the case. Unless delays occur caused by actions above and beyond the capacity of the zoning administrator, the applicant shall have the initial review of the documents submitted to him within 60 days of their submittal. If such delays occur, the applicant shall be notified by first class mail prior to the expiration of the 60-day period. Such notification shall explain the cause of the delay and provide an approximate date when the review is anticipated to be completed. If more than 60 days otherwise goes by without comment by the zoning administrator, the application shall automatically be placed on the agenda of the Union Springs planning commission's next regularly scheduled meeting.

6.5.3 Notification to applicant.

Following the review by the zoning administrator and others, the applicant shall be notified by first class mail by the zoning administrator concerning the suitability of the proposed development and any steps (if any) needed to be taken by the applicant to bring the development into conformity with all existing rules, regulations, adopted plans or comments made by persons reviewing the materials submitted. The zoning administrator shall also indicate that the applicant shall have 30 days (from the date such notification is written) to confer with him in person concerning the proposed development. Should said 30 day period pass and no further modifications to the materials submitted by the applicant are made, the zoning administrator shall make a report concerning the proposed Planned Development District to the planning commission.

If the applicant joins in such conferences with the zoning administrator, changes may be made in the original proposal, further conferences may be held, and additional material may be requested to guide in determinations. If the applicant joins in such conferences with the zoning administrator, the normal period specified for zoning administrator study of amendments shall be waived by the applicant so that sufficient time may be available for the conferences.

In the course of such preliminary conferences, recommendations for changes shall be recorded in writing along with the reasons therefore, and shall become part of the record in the case. Applicants shall indicate, in writing, their agreement to such recommendations or their disagreement and the reasons therefore; such response by applicants shall also be included in the record.

6.5.4 Notification to planning commission.

At such time as further conferences appear unnecessary, or at any time upon request of the applicant prior to or after the expiration of the 30 day review period, the zoning administrator shall prepare a written report to the planning commission, containing the following findings:

a.

As to the suitability of the tract for the general type of Planned Development District proposed, physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development;

b.

As to relation to major roads, utilities and other facilities, and services;

c.

As to the adequacy of evidence on unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed;

d.

As to the suitability of proposed plans and the desirability of amendments;

e.

As to the adherence of Planned District or general regulations or as to desirable specific modifications in planned development or general regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the particular case by demonstration that the public purposes of planned development or other regulations would be met to at least an equivalent degree by such modifications;

f.

As to the suitability of the proposed time for the beginning and the completion of the Planned Development District.

Based on such findings, the zoning administrator shall recommend approval of the planned development amendment proposed, approval conditioned on specific modifications, or disapproval, with recorded reasons therefore.

6.5.5 Planning Commission review.

The planning commission shall review the materials submitted and the comments of the zoning administrator and other persons reviewing said materials in accordance with Section 6.6.2. The planning commission shall hold a public hearing on the application for a rezoning for the proposed Planned Development District. The zoning administrator shall, upon determination that an application for a planned development district complies with all submission requirements, receive the application and schedule it for public hearing by the planning commission. Notice of such public hearing shall be given 15 days in advance of the public hearing. Notification shall include the following:

a.

Posting of a sign on the property with the date, time and location of the public hearing; and

b.

Notices sent by regular mail to the owner, subdivider or his agent and all adjoining landowners as their names appear upon the plats in the Bullock County Revenue Commissioner's Office.

The planning commission shall consider the application and render a recommendation to the Union Springs City Council at the conclusion of the public hearing unless it is determined that action must be deferred to allow for additional input and review.

6.5.6 City Council review.

Following the action of the Union Springs planning commission, the application and materials, along with the planning commission's recommendation will be forwarded to the Union Springs City Council for review. Upon receipt of the recommendation of the planning commission regarding a rezoning request for a Planned Development District, the Union Springs City Council shall hold a public hearing on the application. The city council shall give notice of such public hearing by two publications in a newspaper of general circulation with the second notice appearing 15 days in advance of the public hearing. The Union Springs City Council shall consider the application and render a decision at the conclusion of the public hearing unless it is determined that action must be deferred to allow for additional input and review.

6.5.7 Union Springs city council action.

If the petition to rezone the parcel(s) in question to a Planned Development District is granted, the Union Springs City Council shall, in its amending action, approve the Preliminary Development Concept Plan submitted by the applicant or indicate required modifications. Such approved plan, with required modifications, if any, shall be binding in determinations concerning final development plans.

If the amendment is granted, the development shall be required to be in accord with final development plans meeting the requirements of these and other regulations, as supplemented or modified by the planning commission in the particular case as part of the amending action, and shall conform to any time limitations established by the planning commission on beginning and completion of the development as a whole, or in specified stages. Before development may proceed, agreements, contracts, deed restrictions, sureties, and other instruments involved shall be in a form approved by appropriate officer(s) or agencies.

6.5.8 Issuance of building permits.

After a Planned Development District has been established, no zoning permit shall be issued therein unless and until the zoning administrator has approved final plans and reports for the development as a whole or for stages or portions thereof deemed satisfactory in relation to total development. Approval of final plans and reports shall be based on compliance with regulations applying at the time the land was zoned to a Planned Development District status, including such specific modifications as were made by the Union Springs City Council in its amending action. Final plan approval is an administrative action. No public notice or hearing is required in connection with approval proceedings on final plans or changes in approved plans. The zoning administrator may hold meetings, with such notice as he deems appropriate, in connection with such actions.

Except as provided below, final plans and reports approval shall be binding on the applicants and any successors in title, so long as planned zoning classification applies to the land. Changes in approved preliminary plans may be permitted by the zoning administrator on application by the original applicant or successors in interest, but only upon making a finding that such changes are in accord with the development concept plan approved by the Union Springs City Council when creating said Planned Development District along with any conditions placed on the development in said Planned Development District.

In reaching his decision as to whether or not the change is substantial enough to require reference to the planning commission (for review) and Union Springs City Council (for amendment to the zoning classification to permit such changes), the zoning administrator shall use the following criteria:

a.

Any increase in intensity of use shall constitute a modification requiring planning commission action. An increase in intensity of use shall be considered to be any of the following:

(1)

an increase in usable floor area (in either principal or accessory structures) by greater than 5 percent, or;

(2)

an increase in the number of dwelling or lodging units by greater than 5 percent, or;

(3)

an increase in outside land area devoted to sales, displays, or demonstrations by greater than 5 percent.

b.

Any change in parking resulting in an increase of 5 percent or more in the number of spaces approved shall constitute a change requiring city council action.

c.

Structural alternations significantly affecting the basic size, form, and style of building, as shown on the approved plan, shall be considered a change requiring consideration by the city council.

d.

A decrease of more than 5 percent in the amount of open space or any substantial change in the location or characteristics of open space, shall constitute a change requiring consideration by the city council action.

e.

A change of greater than 5 percent in the mix of any particular dwelling type within the planning district containing residential uses.

f.

Any change in use from one use group to another shall constitute a change requiring consideration by the city council. In addition, a request to change a use to a use which has been specifically excluded from the development by the Union Springs City Council shall require city council action.

g.

Substantial changes in pedestrian or vehicular access or circulation shall constitute a change requiring consideration by the city council.

6.5.9 Expiration of time limits of planned development districts.

If actions required in any amendment establishing a Planned Development District are not taken within the time limit set, the zoning administrator shall review the circumstances and recommend to the planning commission and the Union Springs City Council:

a.

That the Planned Development District for the entire area be continued with revised time limits; or

b.

That the Planned Development District be continued for part of the area, with or without revised time limits, and the remainder be rezoned to an appropriate category; or

c.

That the entire district be rezoned from a Planned District to an appropriate general zoning district.

(Res. No. 2013-14, 12-2-2013)