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Warr Acres City Zoning Code

CHAPTER 19

39 PUD PLANNED UNIT DEVELOPMENT DISTRICT

19.39.010: GENERAL DESCRIPTION:

The planned unit development (PUD) district is a special zoning district category that provides an alternate approach to conventional land use controls. The PUD process offers an opportunity for more creative solutions to redevelopment issues while at the same time requiring a proposal that conforms to the goals and policies of the city comprehensive plan. The PUD is subject to special review procedures, and once approved by the city council it becomes a special zoning classification for the property it represents. (Ord. 1125, 2012)

19.39.020: INTENT AND PURPOSE:

A.   Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use of the project to assure compatibility with adjoining and neighborhood properties.
B.   Permit flexibility within the development to maximize the unique physical features of the particular site.
C.   Encourage efficient use and reuse of land, and facilitate economic arrangement of buildings and circulation systems.
D.   Achieve a continuity of function and design within the development that results in an economically feasible project which conforms to the comprehensive plan and is compatible with development patterns in the surrounding neighborhood.
E.   Provide a tool for negotiating modifications in standard zoning district regulations in order to achieve innovative design solutions that will protect the health, safety, and general welfare of the citizens. (Ord. 1125, 2012)

19.39.030: PLANNED UNIT DEVELOPMENT AUTHORIZED:

A PUD may be authorized by an amendment to the official zoning districts map after public hearings by the planning commission and city council, provided it complies with the requirements contained herein. (Ord. 1125, 2012)

19.39.040: LOCATION AND USES:

A PUD shall be considered a special zoning district, and it may be authorized for any use or combination of uses permitted in this chapter. The PUD may include mixed uses and uses not otherwise permitted in this chapter, such as apartments or townhouses, provided the location and development of such uses conform to the policies of the comprehensive plan. (Ord. 1125, 2012)

19.39.050: PLANNED UNIT DEVELOPMENT MASTER PLAN REQUIRED:

The basis for review and approval of a PUD is the planned unit development master plan, which shall be adopted as a part of the ordinance of rezoning. The master plan shall contain a design statement and a master development plan map which shall include, at a minimum, the following information:
A.   PUD Design Statement: The PUD design statement shall be a written document containing the following elements:
   1.   Title of the PUD;
   2.   List of the subject property owners and proposed developers;
   3.   Specific location of the proposal, and a legal description of the property;
   4.   Reference to the Warr Acres comprehensive plan policy for the subject property, including a map showing zoning and land uses within a minimum of three hundred feet (300') of the subject;
   5.   A description of the development proposal including:
      a.   Existing and proposed land uses;
      b.   Existing and proposed densities where a housing development is involved;
      c.   Existing and proposed points of vehicle access;
      d.   Provision for safe and convenient pedestrian access from abutting properties and circulation within the development;
      e.   Drainage analysis, including a topographic map of the property with two foot (2') contours, 100-year stormwater data, and a plan for detention and/or disposal of stormwater runoff based on the completed project and possible need for on site and off site solutions;
      f.   A description of building use types and construction materials, sample rendering of proposed building elevations, and typical site layouts;
      g.   A list of all special development regulations requested and/or the conventional zoning district regulations which will be permitted to be modified as a part of the project;
      h.   Schedule of building construction materials to conform to all city requirements for planned unit developments or other special zoning district regulations;
      i.   A specific timetable and sequence for the development.
B.   Planned Unit Development Master Development Plan Map: The master development plan map shall be a graphic representation of the plan for the PUD area prepared at a scale of one inch equals one hundred feet (1" = 100'). It shall show, at a minimum, the following:
   1.   The subject property and sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, including structures, streets, and other physical features;
   2.   Stormwater drainage plan, for detention and/or controlled disposal of stormwater runoff based on impact of the completed project;
   3.   Specific location of planned buildings, parking, driveways, landscaping and open space, recreation areas, utility easements, setbacks, and other specific information about the project;
   4.   Detailed landscaping plans showing treatment of a minimum of five percent (5%) of the lot area plus street right of way, and addressing sight and sound protection needs for residential properties at the rear of the project;
   5.   Architectural standards including a schedule of building construction materials to conform to all city requirements for planned unit developments or special zoning district regulations, including, but not limited to, overlay zoning district regulations;
   6.   Any other relevant information as determined by the planning commission or city council to be necessary for review, approval, and administration of the PUD. (Ord. 1125, 2012)

19.39.060: REVIEW AND APPROVAL:

A.   The PUD application will be considered by the planning commission and city council at public hearings in accordance with established review procedures for consideration of applications for rezoning. As a part of the city review, the planning commission or city council may require additional information, including, but not limited to, the following: evidence of a market feasibility study; traffic impact study; infrastructure improvements or dedication of necessary easements and rights of way; developer meetings with surrounding property owners; replatting; building elevations; specific plat restrictions, covenants, height, use, setback, or coverage requirements; standards for proposed signs, including number, size, height, method of illumination, and location; creation of a property owners' association; posting of a performance bond or other surety for required public improvements.
B.   The PUD master plan shall control the development of the property, and all building permits shall be in accord with said plan until it is otherwise amended by the city council. The developer shall furnish a reproducible copy of the PUD master plan map at a scale of one inch equals one hundred feet (1" = 100') for signature by the chair of the planning commission and the mayor, with acknowledgment by the city clerk. The PUD 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.   Upon final approval by the city council of the PUD master plan and the appropriate ordinance of rezoning, the site shall be designated as an amendment to the official zoning districts map. The ordinance of rezoning shall adopt the PUD master plan, its commitments, and all supporting documentation by reference, and they shall be enforced by the city in the administration of the zoning ordinance.
D.   No building permit shall be issued by the city for the PUD area until these requirements have been met. (Ord. 1125, 2012)

19.39.070: MODIFICATION OR AMENDMENT:

A.   An application for rezoning to change part of the area of an approved PUD to a different zoning district classification shall be considered an amendment of the original PUD requiring property owner application on the entire original tract. Before approving a new rezoning the planning commission shall review the commitments and provisions of the original PUD as approved to determine the impact of the new application on the viability of the original PUD plan. (Ord. 1125, 2012)

19.39.080: REVERSION:

A.   Property Owner Request: If the property owner determines to abandon the PUD zoning, he shall make application for rezoning either to the original status or to a new classification. Said application shall be heard according to regular procedures by the planning commission and city council.
B.   Continuing Review By The City: If development of the PUD has not been started within two (2) years of the date of approval of the PUD rezoning, the city administration shall request a report from the applicant/owner to determine the status of the project. The city staff shall present a report of findings to the planning commission which shall determine the appropriateness of holding a public hearing to consider rezoning the property to its original district status. Additional two (2) year reviews shall be held as required. (Ord. 1125, 2012)