A.   Purpose: The SPUD (Simplified Planned Unit Development) District is a special zoning district category required for all rezoning applications within the boundaries of the TC-CC Town Center Community Conservation Overlay District that are five (5) net acres or less in size. Properties over five (5) net acres in size are required to use the Planned Unit Development District for rezoning. The purpose of the SPUD is to provide an alternative approach to traditional land use controls in order to promote creative design and development solutions. In all cases the uses and structures proposed by the SPUD must be in conformance with the Warr Acres Comprehensive Plan and the TC-CC Overlay Zoning District regulations; and the record of Planning Commission and City Council actions related to a SPUD application should so verify.

B.   SPUD Characteristics:

   1.   The SPUD site shall consist of one or more tracts or parcels of land that have a combined total size of five (5) net acres or less, exclusive of any street or alley right-of-way; are under common ownership or control at time of application; and are to be developed as one unit according to a design statement and Master Development Plan Map.

   2.   The SPUD is subject to special review procedures and, once approved by the City Council, becomes a special zoning classification for the property it represents.

   3.   A SPUD plan shall contain no more than two (2) development tracts that can be regulated under different base zoning districts, and shall be limited in the number and complexity of modifications to conventional zoning and land use regulations.

   4.   Required SPUD documentation is a design statement and a Master Development Plan Map which are included in the ordinance of rezoning and regulate future land use and improvements. (Ord. 1169, 2016)

A SPUD shall meet the goals and objectives of the Warr Acres Comprehensive Plan and the Town Center Overlay Zoning District by providing for innovative building designs, landscaping, site design solutions, and possible mixed uses for smaller lot developments that could not be accomplished under conventional zoning district regulations. (Ord. 1169, 2016)

The SPUD Zoning District is authorized for use in the TC-CC Town Center Overlay District. Except as provided herein for tracts in excess of five (5) acres, all applications for zoning change in the district shall be filed as a SPUD and subject to conformance with the standards and regulations of this chapter. (Ord. 1169, 2016)

A.   The SPUD Zoning District designation is limited to properties located within the boundaries of the TC-CC Community Conservation Overlay District.

   1.   A SPUD may permit mixed residential, office, and retail commercial uses.

   2.   Permitted uses in the SPUD are limited to the regulations of the TC-CC District and cannot be superseded by the SPUD design statement.

   3.   A SPUD shall not permit any uses specifically permitted only in the C-4 and C-5 Zoning Districts except in those areas where the underlying zoning is C-4 or C-5 as of December 1, 2015. (Ord. 1169, 2016)

A.   Required: The SPUD Master Development Plan shall be submitted as a part of the application for rezoning and included by reference in the ordinance of rezoning. The Master Development Plan establishes the use and development regulations for all properties developed in the SPUD District, subject to the guidelines of this chapter. It consists of a design statement and a Master Development Plan Map,

B.   Design Statement: The SPUD design statement is written documentation describing the project and identifying the basic zoning district in this Code whose regulations shall apply unless specifically modified here. The design statement is incorporated by reference into the City ordinance of rezoning for enforcement purposes. The design statement shall include, at a minimum:

   1.   Title of the SPUD;

   2.   Legal description of the property;

   3.   Name and address of owner plus applicant if representing owner;

   4.   Reference to the conventional zoning district or districts in this Code that will regulate use and development of the property unless specifically modified in the design statement, provided that uses permitted only in the C-4 and C-5 Districts are not eligible unless the subject property was classified in one of these districts on December 31, 2015;

   5.   Provision and guidelines for any mixed uses, including specific description of any mixed residential and commercial uses;

   6.   Specific prohibition of any uses or use categories to be restricted;

   7.   Architectural and construction standards to show conformance with Town Center guidelines including but not limited to:

      a.   Schedule of building materials, including structures, sight proof screening, sidewalks, signs, and other architectural elements;

      b.   Description of landscaping elements and pedestrian ways;

      c.   Proposed lot coverage;

   8.   Development schedule, including phased development plans.

C.   SPUD Master Development Plan Map: The SPUD Master Development Plan Map shall be drawn to a standard engineering scale and shall contain the following information to ensure compliance and conformance with the standards of the Town Center Overlay District and any other applicable ordinances:

   1.   North arrow.

   2.   All property lines.

   3.   All adjacent street and alley rights-of-way, showing the centerline of each, and any street names.

   4.   Complete site design elements, which may be on individual drawings, as follows:

      a.   The specific location of all proposed buildings, accessory structures, and service facilities such as garages and delivery docks;

      b.   Location of trash receptacles with required sight proof screening indicated;

      c.   Location of driveway approaches;

      d.   The off-street parking and maneuvering arrangement;

      e.   Public sidewalks (required) and on-site pedestrian circulation;

      f.   Location of required and voluntary sight-proof screening abutting adjacent properties;

   5.   Landscaping plan, including a listing of all trees and plant material, and an irrigation plan;

   6.   A site lighting plan;

   7.   Rendering of front, side, and rear elevations of all buildings, including a schedule of building materials;

   8.   Number, description and location of attached and free-standing sign(s);

   9.   Any other pertinent information/exhibits necessary for review, approval and administration of the SPUD. (Ord. 1169, 2016)

A.   The SPUD 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 SPUD shall not reduce the Town Center District standards, including but not limited to, quality of building materials, landscaping requirements, sight proof screening standards, sign standards, building access, and general long term upgrading of the district.

C.   The SPUD 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 SPUD Master Plan Map at a scale of one inch equals twenty feet (1" = 20') for signature by the Chair of the Planning Commission and the Mayor, with acknowledgment by the City Clerk. The SPUD 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.

D.   Upon final approval by the City Council of the SPUD 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 SPUD 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.

E.   No building permit shall be issued by the City for the SPUD area until these requirements have been met. (Ord. 1169, 2016)

An application for rezoning to change part of the area of an approved SPUD to a different zoning district classification shall be considered an amendment of the original SPUD 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 SPUD as approved to determine the impact of the new application on the viability of the original SPUD plan. (Ord. 1169, 2016)

A.   Property Owner Request: If the property owner determines to abandon the SPUD 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 SPUD has not been started within two (2) years of the date of approval of the SPUD 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. 1169, 2016)