Webster City Zoning Code
ARTICLE XII
Planned Unit Development PUD Districts
§ 175-28 Purpose.
A.
Planned Unit Development PUD Districts are designed to encourage and facilitate the construction of more efficient and desirable suburban development than can be accomplished within the framework of conventional zoning categories. They will permit the development of urban areas which will foster a sense of community among their residents. Development at a large scale is most conducive to a design that will accomplish this purpose, because it provides opportunities for integral development. Through a diversity of compatible land uses, such an integrated development plan will give the project area a distinctive visual character and identity. To assist in accomplishing this purpose, a planned unit development will be permitted the maximum freedom in design; however, it will be required to provide extensive environmental amenities, and its development plans and its detailed site plans will be subject to intensive review by the Village Board to assure the project's compatibility with adjacent development, the general neighborhood and the Village as a whole.
B.
No Planned Unit Development PUD District shall be created by amendatory action of the Village Board, and no site plan approval shall be rendered by such Village Board permitting the issuance of a building permit without full compliance with the following regulations and procedures. It is understood that certain public benefit features will be required to ensure that the quality of design and amenity are sufficient to justify the departure from conventional zoning restrictions. Emphasis on the preservation of natural site attributes will be accomplished through design and placement of structures which complement rather than conflict with the natural terrain and other natural features such as trees and watercourses. The following regulations will not specify precise rules for the arrangement of the structures on the site, but rather will require that they be compatible with each other and with adjacent developments.
§ 175-29 District regulations.
Once lands have been rezoned by the Village Board as a Planned Unit Development PUD District, the set of use and dimensional specifications elsewhere in this chapter are replaced by an approval process in which the approved plan becomes the basis for continuing land use controls, provided that in Planned Unit Development PUD Districts all structures and uses shall be subject to the following regulations:
A.
Minimum area. No land shall be designated for a Planned Unit Development PUD District if it is too small, too narrow in width, too irregular in shape or with topography too excessive to be planned and developed in a manner consistent with proper land use. Under normal circumstances, the minimum area required to qualify for a Planned Unit Development PUD District shall be 50 contiguous acres of land. The Zoning Board of Appeals may recommend the waiver of this minimum if the Board finds the proposed development to be in accord with the general Village development plan.
B.
Permitted uses. All variety and types of residential uses shall be permitted with accessory and associated uses, including, where necessary and/or appropriate, the full range of nonresidential uses needed to serve the residential development in suitable spatial relationships and with adequate connectors.
C.
Density of development. In approving the development plan and site plan, the Zoning Board of Appeals shall specify the respective maximum densities permitted if the uses proposed were in existing zoning districts, treating lot area requirements as net area. Modifications of the density requirements may be made by the Board if conditions of the plan so warrant.
D.
Open space. In every planned unit development, a minimum of 50% of the total area of the tract shall be provided as open space. In a planned unit development, "open space" is that outdoor common property not occupied by structures, roads, service areas and their immediate surroundings and set aside in whole or in part to preserve the natural scenic beauty or openness of the area and for recreational use and enjoyment by the owners and occupants of the planned unit development so as to enhance the present or potential value of the remaining lands in the planned unit development. That open space which contains such structures, improvements and/or landscaping as are necessary and appropriate for the benefit and enjoyment of the owners and occupants of the planned unit development in their active and passive recreational purposes shall be designated as developed open space. Vehicular parking areas may be considered as developed open space for the purpose of this chapter.
E.
Common property. Common property in a planned unit development is a parcel or parcels of land, together with the improvement thereon, the use and enjoyment of which is shared by the owners and occupants of the development. When common property exists, the ownership of such common property may be either public or private. Where common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities.
F.
Ownership. The tract of land for a planned unit development may be owned, leased or controlled either by a single person, a corporation or a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all property included in the tract. In the case of multiple ownership, the development plan and the site plan shall be binding on all owners.
§ 175-30 Procedure.
A.
General. The fact that an application complies with all of the specific requirements set forth herein shall not be deemed to create a presumption that the proposed development would result in a more efficient and desirable development than could be accomplished by the use of conventional zoning categories or that it would result in compatibility with the surrounding development; nor shall such compliance, by itself, be sufficient to require the approval of the development plan, the site plan or the granting of the zoning amendment to create a planned unit development. Such a zone shall be recommended or rejected by the Zoning Board of Appeals on a finding that the application is or is not proper for the comprehensive and systematic development of the Village of Webster.
B.
Application for development plan approval. In order for the Zoning Board of Appeals and the developer to reach an understanding on basic design requirements, the developer shall submit a plan of his or her proposal to the Zoning Board of Appeals. Such a plan shall be to scale and shall be supplied in such form and quantity as the Zoning Board of Appeals may require and shall include the following information in addition to any other information which the applicant deems necessary to support the application:
(1)
The principal physical characteristics of the site, including an analysis of the soils and subsoils and the location of major stands of trees, streams, floodplains and rock outcroppings.
(2)
The topography of the site with contour intervals of not more than five feet of elevation; areas of the site where grades exceed 3%; portions of the site with a moderate to high susceptibility to erosion, flooding or ponding; and a preliminary grading plan with five-foot contour intervals.
(3)
An analysis of the relationship of the site to the surrounding community, including significant parcels of vacant land and the character of nearby built-up areas.
(4)
Principal ties to the community at large with respect to transportation, circulation, water supply, sewage disposal and other pertinent public utilities.
(5)
General description of the provision of other community facilities such as schools, fire protection and cultural facilities, if any, and some indication of how these needs are to be accomplished.
(6)
The proposed land use plan indicating the location, number and types of dwelling units in each residential area; business and/or industrial areas; parks, playgrounds, recreational structures and facilities; open spaces; common property and all other uses; and the major and minor circulation pattern with all existing rights-of-way and easements, parking areas and pedestrianways.
(7)
A generalized landscaping plan; the overall drainage system.
(8)
If the development is to be staged, an indication of how the staging is to proceed.
(9)
Any other information required by the Zoning Board of Appeals for the purpose of enabling it to evaluate the compliance of the proposed planned unit development with the general intent of this article.
C.
Review of development plan by Zoning Board of Appeals. The Zoning Board of Appeals shall review the development plan and its related documents and shall render its report within 62 days of the date when all of the necessary application material has been presented. The Zoning Board of Appeals may hold formal or informal public hearings on the development plan to assist it in the preparation of its report. If no report has been rendered within 62 days, unless such time limit has been extended by mutual consent of the applicant and the Zoning Board of Appeals, it may be assumed by the applicant that the report is favorable, and the Village Board shall be so informed.
[Amended 6-9-1994 by L.L. No. 2-1994]
(1)
A favorable report shall be based on the following findings which shall be included as part of the report:
(b)
The proposal meets all the general requirements of § 175-29 and, if necessary, any of the specific requirements of this section.
(c)
The proposal represents a creative approach to the use of land through innovation and flexibility.
(d)
The proposal is conceptually sound in that it meets a community need and it conforms to accepted design standards in the proposed roadway system, land use configuration, open space system and drainage system.
(e)
There are adequate services and utilities available or proposed to be made available in the construction of the development.
(2)
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be necessary to receive a favorable report.
D.
Application for planned unit development districting. Upon receipt of a report from the Zoning Board of Appeals, the Village Board may then consider the application for the Planned Unit Development District as any other application for amendment of the zoning local laws and may establish a date for and conduct a public hearing for such an amendment as provided by law.
E.
Zoning for planned unit development. If the Village Board grants the redistricting to planned unit development, the Zoning Map shall be so amended. When rezoning a parcel, the Village Board shall establish the maximum number of dwelling units therein and may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional requirements for the applicant to meet. Such requirements may include, but not be limited to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, vehicular and pedestrian circulation systems, availability of sites within the area for necessary public services such as schools, firehouses and libraries, protection of natural and/or historic sites and other physical or social demands. The Village Board shall further approve the final site plan prior to effectuation of the Zoning Map amendment and the issuance of a building permit by the Building Inspector. Such site plan may constitute the entire development or, if staged, only a portion thereof. If the project is to be constructed in stages, only that portion receiving site plan approval may be effectuated.
F.
Site plan submission. In an area designated as a Planned Unit Development PUD District, a detailed site plan must be approved by the Village Board prior to the issuance of a building permit. The site plan for all or a portion of the Planned Unit Development PUD District shall be consistent with the development plan. It shall show:
(1)
All of the information normally required in the submission of a preliminary subdivision plan.
(2)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(3)
The proposed location, coverage and use of all buildings; if a building is a multiple-family dwelling, the number of dwelling units, classified by the number of bedrooms.
(4)
All roads, streets, parking areas and pedestrianways.
(5)
Existing topography and final grading plan at contour intervals of not more than two feet.
(6)
The proposed landscaping, lighting and screening plans. The sites of all public or private common areas, including schools, parks, playgrounds and other community facilities, identifying land to be dedicated to public use.
(7)
If the application is related to past and future stages and to the entire development.
(8)
The calculation of building coverage, parking facilities, areas of open space, density and common areas.
(9)
Any other information required by the Zoning Board of Appeals to evaluate the consistency of the detailed site plan within the approved development plan.
G.
Site plan review. Upon review by the Zoning Board of Appeals of the detailed site plan, it shall determine:
(1)
Whether the detailed site plan is consistent with and carries out the intent of the development plan as approved.
(2)
Whether, in the opinion of the Zoning Board of Appeals, the arrangements for the ownership and maintenance of the common land are workable and will result in the permanent preservation of such land for its indicated use.
(3)
Whether, if the application involves less than the total area of the planned unit development, the development proposed under the site plan could exist by itself as a unit capable of sustaining an environment of continuing quality and stability consistent with the development plan.
H.
Site plan approval. Within 62 days of the receipt of the application for site plan approval, the Zoning Board of Appeals shall make a recommendation for approval or disapproval and so notify the Village Board, which shall take final action thereon.
[Amended 6-9-1994 by L.L. No. 2-1994]
(1)
Upon approving an application, the Village Board shall endorse its approval on a copy of the site plan and forward it to the Building Inspector, who shall then issue a building permit to the applicant if the project conforms to all other applicable requirements.
(2)
Upon disapproving an application, the Village Board shall notify the applicant and the Building Inspector, in writing, of its decision and its reasons for disapproval.