Williston, ND Zoning Ordinance

Williston City Zoning Code

SECTION 18a

P-2: Planned unit development overlay district.

[Ord. No. 922, Ord. No. 1092]

Purpose. The purpose of the Planned Unit Development (PUD) regulations is to encourage and allow more flexible and creative design of land developments than is possible under district zoning regulations. Planned Unit Developments are intended to allow substantial flexibility in planning and designing a proposal. This flexibility often accrues in the form of relief from compliance with conventional zoning ordinance site and design requirements. In return for greater flexibility in site design requirements, planned developments are expected to deliver quality community designs that preserve critical environmental resources, provide above-average open space and circulation, and ultimately a development that is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls. In the PUD process greater density or more lenient siting requirements may be granted, however, the Planned Unit Development should contain features not normally required of traditional developments. To insure compatibility with surrounding land uses and to preserve health, safety, and general welfare of the community residents, analysis of the proposal requires more information than would be required if development were being pursued under conventional zoning requirements.

Objectives.

Provide flexibility in architectural design, placement, and clustering of buildings; use of open areas and outdoor living areas; provision of circulation facilities and parking; and related site and design considerations;

To promote logical development patterns of residential, commercial, office, industrial and mixed use developments, while protecting the character and quality of adjacent uses;

To ensure adequate provision of public services such as water, sewer, electricity, open space and parks;

To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flooding;

To encourage development of vacant properties within developed areas;

Encourage conservation of natural features.

Applicability. A PUD overlay district may be approved only when the applicant demonstrates to the satisfaction of the Board of City Commissioners that the PUD project would result in a greater benefit to the City than would a development under conventional zoning district regulations.

Project size. A PUD may have a lot size of less than six acres when the City Commission finds:

That an unusual physical or topographic feature of importance to the area as a whole exists on the site or in the surrounding neighborhood that will contribute to and be protected by the PUD; or

That the property or the surrounding area has an historic character of importance to the community that will be protected by the PUD; or

That the proposed PUD is adjacent to an approved PUD that has been completed and will contribute to the amenities and functionality of the neighborhood; or

When undertaken on unused land or land in need of redevelopment, at density levels that approximate, or in some instances exceed, historic density patterns can improve efficient use of existing infrastructure, conserve open space, achieve a sense of neighborhood, and reduce public and private costs. Architecture and building materials shall be consistent with the design of the development and compatible with the surrounding neighborhood.

Standards for planned unit developments.

Compatibility of uses. A PUD may include any uses permitted in any zone classification provided that any combination of uses is planned in manner compatible to each and to the surrounding environment. Proposed uses must be specified as part of the Master Land Use Plan. The Board of City Commissioners shall establish the list of uses allowed in a PUD Zoning District in the ordinance adopting the PUD Overlay District as part the PUD Master Land Use Plan approval process.

In addition, the PUD shall not endanger the public health, welfare, or safety in the neighborhood in which it is to be located.

Residential density. It is required that a zoning amendment request accompany the PUD application if the gross density of the proposed development substantially exceeds the gross density permitted in the underlying zoning district.

The maximum density standards of the underlying zoning district may be increased by the Board of City Commissioners during the PUD review and approval process.

Lot size. The minimum lot size standards of the underlying zoning district may be reduced by the Board of City Commissioners during the PUD review and approval process.

Setbacks. The minimum setback standards of the underlying zoning district may be reduced by the Board of City Commissioners during the PUD review and approval process. Unless otherwise expressly approved during PUD review and approval process, buildings located on the periphery of the PUD must be set back a minimum of 20 feet from the PUD District boundary.

Height. The maximum height limits of the underlying zoning district may be increased by the Board of City Commissioners during the PUD review and approval process.

Building coverage. The maximum building coverage standards of the underlying zoning district may be increased by the Board of City Commissioners during the PUD review and approval process.

Open space. Unless otherwise expressly approved during the PUD review and approval process at least 10% of the gross land area in PUDs must consist of open space.

Site access. Any PUD containing over 50 dwelling units or 30,000 square feet of nonresidential floor space must provide at least two access points, wherever possible.

Additional conditions. The Planning Commission shall recommend and the Board of City Commissioners shall impose such other conditions as are necessary to accomplish the purposes of this ordinance.

Planned unit development zone description. The Planned Unit Development (PUD) P-2 Zone is a type of overlay zoning district and a type of development plan. PUD Zoning Districts are linked to PUD plans in that no rights of development apply to a PUD zoning designation other than those of the approved PUD plan.

Process overview. PUDs shall be processed in three stages: Master Land Use Plan; Rezoning to the PUD Overlay District and Final Plan. Master Land Use Plans and Rezoning may be processed concurrently, provided that no rezoning to the PUD District may occur until approval of a PUD Master Land Use Plan. If the proposal varies substantially from the underlying zone, the base zone would need to be rezoned and can run concurrently with the PUD Overlay District. After approval of a Master Plan, approval can be obtained for a Final Plan for the total area or for a phase. The applicant may request the Master Plan and Final Plan be approved concurrently.

The PUD Master Land Use Plan application is reviewed with respect to such issues as density, including the number, type and location of dwelling units and other uses; impacts on surrounding areas; access; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for the development of the PUD. PUD Master Plan approval establishes the maximum development "envelope" with regard to density, lot sizes, overall scale, open space, environmental protection and other land development and service provision issues.

After approval of a PUD Master Plan, a PUD zoning map amendment may be approved, or a PUD zoning map amendment may be processed concurrently with the PUD Master Land Use Plan. Approval of the Master Land Use Plan and related rezoning shall establish the basic right of use for the area in conformity with the plan as approved. Such plan shall be conditioned upon approval of a specific Final Plan, and shall not make permissible any of the uses as proposed until a Final Plan is submitted and approved.

The PUD Final Plan is the document upon which building permits and other applicable approvals are issued. The approved PUD Final Plan shall control development within the PUD. The PUD Final Plan review stage is the point at which developers bring forward detailed plans for carrying out the type of project conceptually approved during PUD Master Land Use Plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements, and conditions have been met.

Coordination with the subdivision regulations. A subdivision plat under the ordinance requirements for subdivisions may also be considered.

PUD master land use plan. A PUD Master Land Use Plan is a generalized land use plan for the entire area proposed to be included within a PUD. The purpose of a PUD Master Land Use Plan is to allow early review of the proposed PUD before substantial technical planning work has been undertaken.

Application. An application for a Master Land Use Plan shall be filed with the Planning Department and at a minimum; the application shall contain the following information:

Development plan.

Name, address and phone number of applicant;

Name, address and phone number of registered surveyor, registered engineer and/or consultant assisting in the preparation of the Master land Use Plan;

Legal description of the property;

Description of existing use of the property and the immediately adjacent land uses;

Current zoning districts for the subject property and for the immediately adjacent properties;

Proposed underlying zoning districts for the subject property;

Definitions of the proposed land use designations, including density ranges for each land use designation and proposed housing product types for residential development shown on the Master Land Use Plan graphics;

A statement comparing the proposed development with the standards of the underlying zoning district and otherwise applicable standards of the zoning ordinance. The reasons why, in the applicants opinion, the PUD would be in the public interest;

A table setting the minimum and maximum total dwelling units and nonresidential square footage, and the minimum acreage for common open space, natural resource areas, public buildings, and other public uses; and any other proposed uses;

A written description of residential and mixed-use neighborhoods; commercial, office, and research and development uses; common open space and natural resource areas, public buildings, schools, and other public uses; and any other proposed uses;

Implementation schedule. The proponents of a PUD District shall submit a proposed schedule for the implementation of the development to the satisfaction of the City Commission including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.

Master land use plan graphics. A vicinity map showing property lines, streets, existing and proposed zoning and such other items as the administrator may require to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services;

A map drawn to scale showing:

Topography at two foot intervals;

Land use designations for each distinct use in the site and in adjacent areas;

A transportation circulation system including, primary points of vehicular access and major interior street alignments that include proposed right-of-way widths; proposed pedestrian pathway locations and widths, and proposed bikeway locations and widths. Other traffic impact information may be required based on size of project and surrounding area;

Typical landscaping and screening treatments;

Common open space and natural resource areas;

A preliminary public infrastructure plan, including storm drainage, sewer, water, power, telephone, natural gas and such other characteristics as the Planning Director deems necessary.

PUD Master land use plan review procedure.

Preapplication conference. Before submitting a PUD Master Land Use Plan, the applicant shall confer with the City Planner and other designated City Officials. The purpose of this preapplication conference is to discuss the proposal and the applicable development review and approval procedures.

Application. A complete application for the PUD Master Land Use Plan shall be submitted to the Planning Department along with the application fee that has been established by the Board of City Commissioners 30 days prior to the date of the public hearing.

Public notice. A notice of such hearing shall be published in the official newspaper of the City once a week for two successive weeks prior to the date of hearing. A written notice of the Planning Commission public hearing to neighboring property owners shall follow the procedures of the City for a rezone.

Review and report-City planner. The City Planner shall prepare a staff report that reviews the PUD Master Land Use Plan application with the development standards and policies of this ordinance. The City Planner shall provide a copy of the report to the Planning Commission and the applicant.

Review and recommendation-planning commission. The Planning Commission shall hold a public hearing to consider the proposed Master Land Use Plan and rezoning according to the following criteria:

The PUD Overlay Zone is necessary to accomplish the project and the plan could not have been accomplished through strict application of otherwise applicable base zoning district standards, based on the purpose and intent of the zoning ordinance;

The City and other agencies will be able to provide necessary public services, facilities, and programs to serve the development proposed, at the time the property is developed;

The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD;

The PUD Master Land Use Plan complies with the PUD standards of this ordinance;

That strict adherence to the requirements of the zoning ordinance is not required in order to insure the health, safety and welfare of the future occupants of the proposed development;

That the proposed development is consistent with the goals, objectives and policies of the General Plan; The Planning Commission shall recommend approval or denial of the PUD Master Land Use Plan application and transmit a recommendation of its action to the Board of City Commissioners within 90 days after the time of referral of the application for a PUD permit to the Planning Commission, unless said Board and the applicant is agreeable to an extension of time.

Review and action — Board of City Commissioners. After submission of the recommendation by the Planning Commission to the Board of City Commissioners, or, in the event of the failure of the Planning Commission to so report, 90 days after the time of referral of the proposed amendment to the Planning Commission, the Board of City Commissioners shall hold a public hearing to consider the proposed rezoning and PUD Master Land Use Plan application. The Board of City Commissioners shall act to approve, approve with conditions or deny the proposed PUD Master Land Use Plan. A notice of such hearing shall be published in the official newspaper of the City once a week for two successive weeks prior to the date of hearing.

If the Board of City Commissioners acts to approve the PUD Master Land Use Plan, it shall establish required time-frames for development of the entire PUD and its individual phases, if any.

Effect of PUD master land use plan approval; lapse of approval. Approval of a PUD Master Land Use Plan shall constitute acceptance of the overall general planning concepts for the proposed PUD development and is a prerequisite for the filing of a PUD Final Plan and PUD overlay zoning classification.

An approved PUD Master Land Use Plan shall lapse and be of no further force and effect if a PUD Final Plan for the PUD (or a phase of the PUD) has not been approved within two years of final legal authorization by the City Commission of the PUD Master Land Use Plan. The approval of the PUD Master Land Use Plan shall be considered lapse and shall be of no further force and effect unless appropriate time extensions have been granted by the City Commission prior to expiration. In the event of such lapse, the PUD zoning classification shall be of no effect, and the property shall be developed solely in accordance with the underlying zoning classification. In the event of lapse of approval pursuant to this section, the Planning Commission shall initiate action to remove the land from the PUD Overlay Zoning District and may initiate action to rezone the property to its former base zoning district classification.

Appeal. If a protest against such planned unit development is filed, duly signed by owners of 20% or more, of the area adjacent, extending 150 feet from the area which is the subject of the proposed PUD permit, excluding the width of streets, the planned unit development permit shall not become effective except by the favorable vote of three-fourths of all members of the Board of City Commissioners. Protests must be in writing and must be filed with the City Auditor prior to the time set for the hearing.

PUD final plans.

A survey of the proposed development site to include: showing the dimension and bearings of the property lines, area of the site in gross acres, topography and existing natural features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses;

A site plan to include: all the information required on the master land use plan, the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use considered suitable for adjacent properties; parking areas, streets, easements, utilities, buildings and setbacks, common open space and recreation areas; vehicular and pedestrian circulation and their relationship to the project;

Tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; standards for building height;

Engineering feasibility studies and plans showing, as necessary, water, sewer, storm drainage, electricity, telephone and natural gas installations; street improvements and a grading plan demonstrating the nature and extent of earthwork required for site preparation and development;

Flexibility in parking could be considered when demonstrated through market studies or appropriate planning or transportation engineering documentation to support the proposal;

Typical building plans and exterior elevations; architectural features, such as building scale, form, material types and colors;

Landscaping plans;

Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained;

A financing plan for on-site and off-site improvements or Development agreement detailing public improvements and financing plan.

PUD final plan approval.

Review and report — City planner. The City Planner shall prepare a staff report that reviews the PUD Final Plan application with respect to the approved PUD Master Land Use Plan and all other applicable development standards and planning policies.

Review and action — planning commission. The Planning commission shall consider the PUD Final Plan application and act to approve or deny the PUD Final Plan application.

PUD Final plan review criteria. A PUD Final Plan shall be approved by the Planning Commission if it is determined by the Planning Commission to be in substantial compliance with the approved PUD Master Land Use Plan so long as, when compared with the PUD Master Land Use Plan, it does not result in:

An increase in project density or intensity, including the number of housing units per acre or the amount of nonresidential floor area per acre;

A change in the mix of housing types or the amount of land area devoted to nonresidential uses;

A reduction in the amount of open space;

Any change to the vehicular system that results in a significant change in the amount or location of streets, common parking areas, and access to the PUD;

Any change determined by the Planning and Zoning Commission to represent an increase in the development intensity; or

A substantial change in the layout of buildings.

Effect of approval; lapse of approval. Approval of a PUD Final Plan shall confer upon the applicant the right to develop the subject property in accordance with the approved PUD Final Plan. The right to develop in accordance with an approved PUD Final Plan shall lapse and be of no further effect if all development shown on the PUD Final Plan is not complete within the time-frame established by the Board of City Commissioners during review of the Master Land Use Plan. In the event of such lapse of approval, the PUD Final Plan and PUD zoning classification shall be of no effect, and the property shall be developed solely in accordance with the underlying zoning classification. In the event of lapse of approval pursuant to this subsection, the Planning Commission shall initiate action to remove the land from the PUD Overlay Zoning District.

Appeal of the Planning Commission decision. Appeals would follow the procedures as outlined in Section 28. Board of Adjustments/Appeals-Subsection C. Remedies.

Amendments to a final plan. Building permits and other development approvals shall be issued on the basis of the approved Final Plan and any conditions of approval. No City administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following:

Minor changes.

Minor changes to a planned unit development may be approved administratively and in writing, if at all, by the Planning Director, whereupon a permit may be issued. Such changes may be authorized without additional public hearings at the discretion of the Planning Director. This provision shall not prohibit the Planning Director from requesting a recommendation from a Planning Ad Hoc Committee, the Planning Commission, or City Commission.

Minor changes shall be defined as:

(i)

Those developments that do not change the character of the development;

(ii)

An increase of less than 5% in the approved number of residential dwelling units;

(iii)

An increase of less than 5% in the approved gross leasable floor areas of retail, service, office and/or industrial buildings;

(iv)

The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this ordinance.

Major changes.

Major changes to a planned unit development shall be approved, If at all, only by the City Commission, and must follow the same planned unit development review and public hearing process required for approval of a PUD Master Land Use Plan.

Major changes shall be defined as follows:

(i)

A change in the character of the development;

(ii)

An increase of greater than 5% in the approved number of residential dwelling units;

(iii)

An increase of greater than 5% in the approved gross leasable floor areas of retail, service, office and/or industrial buildings;

(iv)

A reduction in the approved open space;

(v)

A change in the location and placement of buildings;

(vi)

An increase in the number of lots above what was approved through the Final Plan review.