HomeMy WebLinkAboutDOCUMENTS - 07-00173 - PUD Ordinance AdditionPlanning & Zoning Agenda
June 21, 2007
7:00 PM - City Council Chambers
OE gEX B URC
V N � 7 0
CITY OF
REX
Ow
America's Family Community
Roll Call of Planning and Zoning Commissioners
Minutes
Planning and Zoning meeting -June 7, 2007
Public Hearings
Unfinished /Old Business
New Business
Preliminary Plat - Walker Addition, Division 3
Compliance
rNE N�=9 `iiS ♦tom a PuPLSl- i`^�ty,� d^� �EsSSw
Banner Signs
Non controversial Items Added to the Benda
.gee �wAr P i,A.,i.,2,(', �,.....a gvt'k o .+sTt'
Report on Projects ���
3�ApD � g0.1Ut OKOA S
1. PUD Ordinance
2. Building Height /Parking near University P +_& suL)UL - gvr GC
y+ P �r S�or✓ - VArtW.,
Tabled requests -Ktq-, reP'°"X^r_-Jr
— NaSSaG
— Lc�lc A
Building Permit Application Report �� zT
Adjournment
1
THE ABOVE SCHEDULED TIMES REPRESENT A BEST EFFORT AT SCHEDULING. IT MAY BE NECESSARY FROM
TIME TO TIME TO ADJUST THESE TIMES TO ACCOMMODATE UNFORSEEN CIRCUMSTANCES.
Notice: Please contact City Hall prior to any city meeting if there is any special assistance needed for disabled people
planning to attend the meeting.
Heads Up
1. Final Plat - Walker Addition, Division 3 - July 5
2. Final Plat - Snell-Grove Townhomes -July 5
3. Sign Ordinance Public Input -July 19
Current Zoning
LDR2
Green space created
minimum lot size
8000 square feet
Site Area
acres 0
Density (units /NDA)
square feet
923203
acres
20.19
Roads
0
square feet 0
square feet
253807
Density (units /NDA)
acres
5.83
Gross Developable area
square feet 923203
acres 20.19
Net Developable Area
square feet 669396
acres 15.36721763
Existing lots yielded 63
Existing lots median size square feet 10545
acres 0.24
Max lots gross area 115.400375
Max lots net buildable area 83.6745
Max lots with density bonus 117.0981983
Existing
lots yielded
63
Green space created
Sgaurefeet 0
acres 0
Density (units /NDA)
4.1
Scenario A
lots yielded
75
Green Space created
0
square feet 0
acres 0
Density (units /NDA)
4.880519155
Scenario B
Lots yielded
71
Green space created
square feet 65221
acres 1.5
Density (units /NDA) 4.6
Scenario C
lots yielded 63
Green space created
square foots€ 130443
acreas 3
Density (units /NDA) 4.1
NOTICE OF PUBLIC HEARING
TO AMEND PLANNING AND ZONING ORDINANCE No. 926
TO INCLUDE SECTION 4.15 FOR "PLANNED UNIT DEVELOPMENTS"
TITLED: DEVELOPMENT CODE ORDINANCE 926
FOR THE CITY OF REXBURG
NOTICE IS HEREBY GIVEN that a Public Hearing will be held May 03, 2007,
at 7:15 p.m. before the Rexburg Planning and Zoning Commission of the City of Rexburg,
Madison County, Idaho, to amend the current DEVELOPMENT CODE ORDINANCE 926.
It is proposed to update and modify the current DEVELOPMENT CODE ORDINANCE
926 by adding a Planned Unit Development Section 4.15 to the code.
Proposed additions or modifications to the New DEVELOPMENT CODE ORDINANCE
926 will be available for public review at City Hall.
At such Public Hearing the Rexburg Planning and Zoning Commission will hear all
persons and all objections and recommendations relative to DEVELOPMENT CODE
ORDINANCE 926 that will be proposed. This notice is given pursuant to the provisions of Title
67, Chapter 65, Idaho Code and all amendments thereof.
The City Council encourages all City residents to participate in the process to amend
DEVELOPMENT CODE ORDINANCE 926. Citizen's comments may be submitted to the City
Clerk in writing or by email ( blairk(a,rexburg.org ) during the fact finding period. All interested
persons are invited to offer their views on DEVELOPMENT CODE ORDINANCE 926 for the
City of Rexburg in writing to the Community Development Office at 19 East Main Street in
Rexburg.
The City Clerk located at 12 North Center Street, will receive written input for this
Public Hearing prior to 4:00 p.m. on May 02, 2007.
DATED this 06 day of April, 2007.
CITY OF REXBURG
Blair D. Kay, City Clerk
Published: April 14, 2007
April 28, 2007
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
of aexsuac
v
c
C I T Y OF
l a a i L W V 1\\..l
America's Family Community
Planned Unit Development — Section 4.15 of Ord. 926
On July 03, 2007 BILL 991 — Amend Ordinance 926 adding PUD Section 4.15
Planning and Zoning Administrator Gary Leikness reviewed the revised PUD
ordinance with the City Council. The recommended changes from City Council were
incorporated. The authority issue was modified to say Planning and Zoning recommends
and the City Council approves. There are also more options in the Density Bonus section
for the developer.
Council Member Mann asked if street widths were addressed. Street widths have not yet
been changed in the document. The City Council would like current city standards to apply
in the PUD Ordinance. This language could be added on page two under section F
subsection c. Another sentence will be added stating: "current city design standards must
apply concerning street widths."
Council Member Stevens had some concerns there may be confusion if specific language
is not applied in the document concerning street design standards.
Council Member Young asked if other cities in Idaho have PUD ordinances. Planning
and Zoning Administrator Leikness said state statute allows for PUD ordinances and many
Idaho cities currently have one in place.
Council Member Schwendirnan asked who initiated this ordinance. Planning and Zoning
saw a need for this quite a while ago and the development community has asked for this as
well.
Council Member Schwendiman reviewed density of developments. He did not
understand how increasing density would be an improvement over current city code.
Planning and Zoning Administrator Leikness said this would allow flexibility for developers
and would allow a framework for developers to be burdened with the design criteria based
on market trends. The city would be allowed to approve or disapprove the design.
Mayor Larsen said the PUD Ordinance would allow for clustering of housing. Council
Member Mann commented this ordinance would work well for retirement housing in
Rexburg.
Mayor Larsen asked for any member of the audience that would like to comment on this
PUD ordinance.
Brent Kohls 1526 Belaire in Boise appreciated the additions to the PUD Ordinance as
recommended by the City Council. This is a very workable ordinance. Developers will have
to work very hard to use this ordinance. He asked the City Council to approve and adopt
the PUD ordinance as third read today.
Council Member Stevens said this tool has been needed for some time. The concerns
have been resolved and he sees no reason not to approve this as third read today.
Council Member Stevens moved to waive the rules and approve the PUD ordinance as
third read. Council Member Benfield seconded the motion. Discussion: Council Member
Mann would like to get more input from affected parties. Council Member Stevens said two
public hearings have been held to get input from affected parties. Council Member Young
was comfortable with change to have city Council approval. Roll call vote:
Those voting aye
Bart Stevens
Donna Benfield
Farrell Young
Those voting nay
Chris Mann
Rex Erickson
Randy Schwendiman
Mayor Larsen has the deciding vote. He voted aye to waive the rules. The motion
carried.
Council Member Schwendiman asked for a copy of the PUD ordinance when finalized.
Council Member Stevens moved to approve BILL 991 amend ordinance 926; contingent
upon the addition of standardized streets and no deviation for the current city standards for
streets. Council Member Benfield seconded the motion: Discussion: City Attorney
Zollinger referred to page two section G where it takes schools, churches and other public
buildings out of acreage. He wanted the City Council to be aware this language would be a
change from the traditional practice of locating schools and churches in neighborhoods. He
also reviewed the bonus points allowed for public streets if dedicated to the city. He wanted
the language for bonus points for streets to be amended stating private streets would be
"open to public use." The proposed bonus points are what the city currently allows. He
recommended giving bonus points for privately maintained streets that are open to public
use. This would be more of a benefit to the city not having to maintain the streets and
giving developers a bonus for that. Council Member Stevens agreed with City Attorney
Zollinger.
Council Member Schwendiman asked about common metering for utilities. Association
of the development could pay for some of the utilities like watering the common area.
Planning and Zoning Administrator Gary Leikness reviewed the reason to take
churches and schools out of the formula. Developers already get a huge tax bonus for
schools and churches. This language prevents over densification. He concurred the
language needs to be changed from "dedicated city streets" to private streets "open to
public use."
City Attorney Zollinger recommended having the language state: ".All streets maintained
by the association for public purposes would get a bonus."
Council Member Benfield asked for clarification on the churches and the schools. City
Attorney Zollinger explained they don't want to give a tax break and a density bonus.
Mr. Kohls said schools, parks, and churches are good in neighborhoods. Developers could
work with the language as currently written.
Council Member Stevens amended his motion to say "streets open to public use but
privately maintained ". Council Member Benfield agreed with the amendment. Roll call
vote:
Those voting aye Those voting, naX
Bart Stevens Donna Benfield
Farrell Young Rex Erickson
Chris Mann Randy Schwendiman
Mayor Larsen has the deciding vote. He voted aye. The motion carried.
June 26, 2007
Mr. Gary Leikness
Rexburg Planning and Zoning Department
12 North Center
Rexburg, Idaho
83440
Re: Comments and suggestions for proposed PUD Ordinance
Dear Gary,
Thank you for the hard work in getting the PUD ordinance before the city council, I thought it was a good
discussion and I hope with the few changes the council and planning commission wanted the council will put
the ordinance in place on the third of July.
The following language is our suggestion for some broadening of the building materials section. This is as per
our discussions with Sherry McKibben and her research. We would be most grateful if you would consider
these ideas:
All facades of each dwelling structure, exclusive of windows and doors, be clad in long lasting, high quality
materials as appropriate for the approved architectural style. Examples of such materials are stone, brick,
stucco, horizontal wood siding, wood board and batten siding, wood shingles, etc. Facsimiles such as
cementltious hardboard (for horizontal siding) and faux stone (for real stone) will be considered on a case by
case basis
For the roof materials we also would suggest the following. Again, taking from the McKibben letter:
Roof Materials should also be appropriate to the style. Examples beyond your current examples include wood
shingles (not shake) and metal standing seam roofs (these would be appropriate for Colonial Styles). l would
also like to mention that there are many high quality sustainable products on the market that imitate traditional
materials and have a longer life (such as imitation slate and tile) which should be considered on a case by case
basis. However, the cost of tile, slate, and some of the imitations is 2 -4 times higher than high quality
architectural asphalt shingles. In many architectural styles, high quality architectural asphalt shingles, which
mimic wood shingles, are appropriate and last 4 times as long. l believe they will not distract from the
appearance of appropriate styles.'
Thank you Gary for your professionalism in presenting this ordinance to the Mayor and City Council.
Sincerely,
Brent Coles
1 Box. 191101. Boise, ID 83719 * (208 )440 -9212 * Fax: (866)536 -8878
The books and pattern books describe, among other site and landscaping details, appropriate architectural
materials and their application according to the style. From looking at these resources, I would like to suggest that
your ordinance language under Building Design Materials be slightly revised to read 'All facades of each dwelling
structure, exclusive of windows and doors, be clad in long lasting, high quality materials as appropriate for the
approved architectural style. Examples of such materials are stone, brick, stucco, horizontal wood siding, wood
board and batten siding, wood shingles, etc. Facsimiles such as cementitious hardboard (for horizontal siding) and
faux stone (for real stone) will be considered on a case by case basis'.
Roof Materials should also be appropriate to the style. Examples beyond your current examples include wood
shingles (not shake) and metal standing seam roofs (these would be appropriate for Colonial Styles). I would also
like to mention that there are many high quality sustainable products on the market that imitate traditional materials
and have a longer life (such as imitation slate and tile) which should be considered on a case by case basis.
However, the cost of tile, slate, and some of the imitations is 2 -4 times higher than high quality architectural asphalt
shingles. In many architectural styles, high quality architectural asphalt shingles, which mimic wood shingles, are
appropriate and last 4 times as long. I believe they will not distract from the appearance of appropriate styles.
1 would be happy to answer any questions and discuss this further at any time -- please call!
Sherry
Sherry McKibben
McKibben + Cooper Architects 515 W. Hays St. Boise, Idaho 83702 208.343.7851 V/F
McKibben
Cooper
Architects
May 30, 2007
Mr. Gary Leikness
Rexburg Planning and Zoning Department
12 North Center
Rexburg, Idaho
83440
Re: Comments and suggestions for proposed PUD Ordinance
Dear Mr. Leikness:
I've been asked by clients of ours to make some comments and suggestions to your proposed PUD Ordinance. To
introduce myself, I am a full time professor of architecture with the University of Idaho, teaching architecture and
urban design topics in Boise, and am a practicing architect and urban designer as well. In both roles I work with
cities to create better plans and policies, and work with clients and developers to create better neighborhoods and
building designs.
I applaud you for creating the PUD Ordinance because it will allow the creation of richer, more complete
neighborhoods. You also have encouraged energy efficiency and water conservation, which is increasingly
important. I just have a few suggestions related to design themes and building design. If I understand your motives,
a theme should be identified and the building design, landscape design, site lighting and special features should
follow the theme. I presume that most of the themes are centered around architectural styles so would like to
suggest, if you haven't already, that you provide some resources for developers and builders for design and also for
yourselves for evaluating the designs.
Here are some wonderful book and on -line resources (Since the West was settled by eastem - folks, there are some
pattern books that describe borrowed styles).
The Architectural Pattern Book: A Tool for Building Great Neighborhoods Urban Design Associates; New York:
W.W. Norton.
The Visual Dictionary of American Domestic Architecture Rachel Carley; New York: Henry Holt and Co.
House Styles of North America
hftp://architecture.about.com/library/bl-syes—index.htm
Common Houses in America's Small Towns John Jakle, et al; University of Georgia Press.
A Field Guide to American Houses V and L McAlester; Alfred A. Knopf, Inc.
A Pattern Book for Norfolk Neighborhoods City of Norfolk;
http: / /norfolkgov .com /Planning /comehome /Pattem_Book.asp
Hard copy available by calling Housing Services Planning Manager, at the City of Norfolk (757) 664 -4758
515 W. Hays St
Boise, Idaho 83702 Miramar Town Center Pattern Book, City of Miramar Florida
208.343.7851 v/t http: / /www.ci. miramar. fl. us /towncenter /docs /PattemBook.pdf
The books and pattern books describe, among other site and landscaping details, appropriate architectural
materials and their application according to the style. From looking at these resources, I would like to suggest that
your ordinance language under Building Design Materials be slightly revised to read 'All facades of each dwelling
structure, exclusive of windows and doors, be clad in long lasting, high quality materials as appropriate for the
approved architectural style. Examples of such materials are stone, brick, stucco, horizontal wood siding, wood
board and batten siding, wood shingles, etc. Facsimiles such as cemenbtious hardboard (for horizontal siding) and
faux stone (for real stone) will be considered on a case by case basis'.
Roof Materials should also be appropriate to the style. Examples beyond your current examples include wood
shingles (not shake) and metal standing seam roofs (these would be appropriate for Colonial Styles). I would also
like to mention that there are many high quality sustainable products on the market that imitate traditional materials
and have a longer life (such as imitation slate and tile) which should be considered on a case by case basis.
However, the cost of tile, slate, and some of the imitations is 2 -4 times higher than high quality architectural asphalt
shingles. In many architectural styles, high quality architectural asphalt shingles, which mimic wood shingles, are
appropriate and last 4 times as long. I believe they will not distract from the appearance of appropriate styles.
I would be happy to answer any questions and discuss this further at any time -- please call!
Sherry
j
Sherry McKibben
McKibben + Cooper Architects 515 W. Hays St. Boise, Idaho 83702 208.3417851 V/F
May 3, ?007
Planning and Zoning Commissioners
Rexburg Cite Fall
12 North Center St.
Rexburg, Idaho
Dear Commissioners,
I am writing in support of the Planned Unit Development Ordinance (draft) dated
February 1, 2007. My development Company is currently working on a neighborhood
plan which would incorporate open space, traditional streetscapes, grid patterns for the
blocks, and colonial housing styles. We plan to submit a plan to the city for review under
such an ordinance which we understand it would hold us to a higher standard of design
than normally found when simply subdividing a piece of land. I support this ordinance so
long as it provides the ability to meet the density of the current zoning. This is critical as
the land price is dictated by the zoning on the land. If that is possible we are more than
willing to spend the extra time and money on the planning, design, landscaping,
infrastructure and open space to provide an innovative plan that meets the density and
provides a true sense of place community.
We have previously notified Gary Likeness of some details of the ordinance,
including notice requirements and appeals periods, which did not comply with state
statutes. I trust the draft you are looking at tonight has been modified from the version I
first reviewed.
Thank you for your consideration of my letter.
Sincerely,
1-ians Linton
President
Red Rock Development Group, LLC
McKibben
Cooper
Architects
May 30, 2007
Mr. Gary Leikness
Rexburg Planning and Zoning Department
12 North Center
Rexburg, Idaho
83440
Re: Comments and suggestions for proposed PUD Ordinance
Dear Mr. Leikness:
I've been asked by clients of ours to make some comments and suggestions to your proposed PUD Ordinance. To
introduce myself, I am a full time professor of architecture with the University of Idaho, teaching architecture and
urban design topics in Boise, and am a practicing architect and urban designer as well. In both roles I work with
cities to create better plans and policies, and work with clients and developers to create better neighborhoods and
building designs.
I applaud you for creating the PUD Ordinance because it will allow the creation of richer, more complete
neighborhoods. You also have encouraged energy efficiency and water conservation, which is increasingly
important. I just have a few suggestions related to design themes and building design. If I understand your motives,
a theme should be identified and the building design, landscape design, site lighting and special features should
follow the theme. I presume that most of the themes are centered around architectural styles so would like to
suggest, if you haven't already, that you provide some resources for developers and builders for design and also for
yourselves for evaluating the designs.
Here are some wonderful book and on -line resources (Since the West was settled by eastern - folks, there are some
pattern books that describe borrowed styles).
The Architectural Pattern Book: A Tool for Buildinq Great Neighborhoods Urban Design Associates; New York:
W.W. Norton,.
The Visual Dictionary of American Domestic Architecture Rachel Carley; New York: Henry Holt and Co.
House Styles of North America
hftp://architecture.about.com/library/bl-styles
Common Houses in America's Small Towns John Jakle, et al; University of Georgia Press.
A Field Guide to American Houses V and L McAlester; Alfred A. Knopf, Inc.
A Pattern Book for Norfolk Neighborhoods City of Norfolk;
http: / /norfolkgov.com/ Planning /comehome /Pattern_Book.asp
Hard copy available by calling Housing Services Planning Manager, at the City of Norfolk (757) 664 -4758
515 W. Hays St
Boise, Idaho 83702 Miramar Town Center Pattern Book, City of Miramar Florida
208.343.7851 vhf http: / /www.ci. miramar. fl. us /towncenter /docs /PatternBook.pdf
Gary Leikness
From: Brent Coles [hbcoles @msn.com]
Sent: Wednesday, February 14, 2007 3:15 PM
To: Gary Leikness
Cc: sburtonhome @hotmail.com; hans @redrockdevelopmentgroup.com;
carlsonldc @cableone.net; carr @prodigy.net
Subject: New ordinance
Gary,
Just a couple of questions regarding the new ordinance. I think state code only requires a 300 foot notice area.
Also, the longest appeal period I have had to work with was 30 days, this ordinance, if I understand correctly,
allows a 125 day appeal period. The last item I noticed, was a reference to a city manager. In this case that
might be the Zoning administrator.
We like the ordinance and believe if would provide the necessary flexibility to do innovative projects.
We are planning a trip to Rexburg 2- 21 -07. Could you be available to meet with us at 11:AM
Thank you,
Brent Coles 860 4446
?-J�D
Founders Square Planned Unit Development Master Plan
E -1
The CC &Rs will be enforced by the developer until ninety (90) percent of lots sold, at
which point the Founders Square home owners association will take over all
responsibility and will be responsible for the enforcement of the CC &Rs. Such
CC &R's will be recorded at the time of commencement of construction.
(See Attached CC &Rs)
E -2
All detailed street information is found within the engineered plat.
E -3
The proposed sanitary sewer, storm drains, storm water detention, etc. are all found
within the engineered plat.
E -4
We will not be dedicating any land to the city. All parks, plaza, and open space will
be maintained by the home owners association.
E -5
a. There are no public buildings in the project.
b. The current zone allows for 12,000 square foot lot sizes and three per acre, which
on 37 acres, this will allow up to 109 single family units. We will have 108 single
family units.
E -6
There will be 108 single family units.
E -7
There will be 108 single family dwelling units of various lot sizes ranging from 5,000
square feet up to 1/3 acre lots.
E -8
Founders Square meets the purposes of the Planned Unit Development Ordinance as
set out in subsection A of the application in the following way:
1. The site is zoned LR -1 which allows for three units per acre. The site is 37 acres
in size which could allow as many as 109 lots. Founders Square is planned at 108
lots. Therefore, we are asking for the density allowed within the current zoning.
However, because of the minimum 12,000 square foot minimum lot size
requirement, and the topography of the site, we could not build this plan without
the PUD ordinance. Our plan is for single family residential only. The site has
been described accurately as being in a "hollow ". This has created some design
challenges and opportunities. The PUD has allowed us to design a community
with a central plaza, as open space. We have also implemented an open space
hillside area for a summer and winter recreation area which at the base will have a
great park are with benches, play structure, etc. that will be accessible for the
whole community of Rexburg to utilize.
1
2. The internal open space gives this neighborhood a sense of community. The open
spaces have an attraction that will draw members of the community to come
together. The home owners can come together informally and at times formally
by organizing events. Accordingly, more of the open space is held in common
ownership allowing for smaller lot sizes as the active open space is maintained by
the homeowners association.
3. The smaller lot sizes also provide an opportunity to design an early American
style of streets, landscaping, sidewalks, and housing types. All the sidewalks are
set back from the streets which will allow for us to have tree lined streets
throughout the community, making it a very pedestrian friendly community. The
homes are built closer to the sidewalk making the front porch, which is stepped up
approximately two and a half feet, a more inviting location to spend time with
friends and neighbors. The garages are all set back from the front of the home.
This will allow us to virtually eliminate the overbearing garages that dictate the
streetscape. We want the sidewalk, front porch, colonial fagade, and people, to be
the focal point of the home, not the garage.
4. The master plan allows for conservation of land as an important resource to the
community. We realize that the "hilltop" in Rexburg is a unique location. The
resources of the University are close. Also, the new LDS Temple will create
market needs for volunteer workers of retirement age. Another advantage of this
location in Rexburg is access to Downtown for entertainment and shopping.
Virtually, this community will provide a quality product with various home and
lot sizes that will appeal to all stages of life, from the young married couple to the
empty nesters. This is key, as studies have shown that communities with varied
housing and product type prove to be longer lasting and vibrant neighborhoods.
5. Finally, the smaller lot sizes provide a greater return on the public investment.
Sewer lines and water lines, as a public utility, serve more homes per lineal foot.
Similarly, the private utilities of telephone, power and gas are more efficiently
using their resources. The common area open space places less demand on the
public parks system. And, the design of the neighborhood provides for good
neighborhood communication and security.
E -9
The present and proposed ownership of this project is the following: Rexburg Ridge,
LLC is the current owner of the project and Red Rock Development Group, LLC
(eventually Founders Square, LLC) will be the owner upon preliminary plat approval.
E -10
A preliminary landscape plan is shown on the current colored plat map, in which it
shows the landscaped areas, the trees in the landscaped areas as well as those to line
the streets. It also shows the areas that will remain undisturbed and the usable open
space areas such as the plaza and parks and their respective landscaping.
E -11
It is our understanding that the City of Rexburg has already generated such a report
for all future traffic that will result from all development that will occur on top of the
hill.
E -12
2
We wish to submit the final master plan for review as one single project. However,
we will be building out our project in two separate phases. It is our plan to develop
phase one (around 54 lots) by next spring. The second phase (around 54 lots) will
then be developed by the following spring.
it
x
# s as
t
i
o=s� -
PH $-
i 3 99
gg f Vm�
4 m R g
M . . 8 -
m�� a P.
jAj
$ ' o w I„
a
s Qa. oa
I
1
I,
47a op - "o
NA PKII.P
yam 4m m4y�
fir €7;
CA
GIN
>�
i d s ,
=o
rn s
° z y trJ
N � ~
Z
ca
z [-3
� �y
it it° d
rA
H O
O
H
1!
s
�y^ i
7
Aga
1
o u '
g � 1
a� t
n
C
m Q
_ y
3
O O
m
N_
O �
0 Cn - 0
T)
m_
O
p
0L
\ ^�'
W 4-
CD
O
CD
(D
m
�
CD
$00
�»
CD
o
CD
CL
m
O
0
CD
CD
O
3
CD
r+
rl
aaa
li'.! ^.1 , ZI
Archilschne + Urban Design
go
- I -
Founder's Square
Red Rock Development
Small Floor Plan
1/16 ° =1' -0"
04.30.07
E
t
i
i
-
lfl
MWj bbW Founder's Square
Cower Red Rock Development
a,CWnCW
Archit Large Floor Plan 1116 " =1' -
04.30.07
r
r
N
i
i
i
i
J
r
Y �
zu
ME=
M
HALL
8 -6 -1: PURPOSE:
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if permitted as part of
the project, more convenience in the location of accessory commercial uses,
industrial uses and services;
C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation and prevents the disruption of
natural drainage patterns;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and
community facilities objectives of the comprehensive plan. (Ord. 40, 10 -1978, rev. 9-
1980)
8 -6 -2: EFFECT OF OTHER ZONING PROVISIONS:
A.Whenever there is a conflict or difference between the provisions of this chapter and
those of the other chapters of this title, the provisions of this chapter shall prevail.
Subjects not covered by this chapter shall be governed by the respective provisions
found elsewhere in this title.
B.In addition to the requirements of this chapter, planned unit developments shall also
be subject to the requirements set forth in chapter 2, article A of this title (design
review overlay district); title 10, chapter 1 of this code (flood control regulations); and
title 9 of this code (land subdivision regulations). (Ord. 98, 8 -13 -1985)
8 -6 -3: OWNERSHIP REQUIREMENTS:
An application for approval of a PUD may be filed by a property owner or a person
having an existing interest in the property to be included in the PUD. The PUD
application shall be filed in the name or names of the recorded owner or owners of
property included in the development. However, the application may be filed by the
holder(s) of an equitable interest in such property.
Before approval is granted to the final development plan, the entire project shall be
under single ownership or control and legal title must be presented with the final
development plan. (Ord. 40, 10 -1978, rev. 9 -1980)
8 -6 -4: USES PERMITTED:
All uses that may be allowed within the land use district are permitted within a PUD.
Also, up to ten percent (10 %) of the gross land area may be directed to other
commercial, industrial, public and quasi - public uses that are not allowed within the land
use district; provided, that there is a favorable finding by the council:
A. That the uses are appropriate with the residential uses;
B. That the uses are intended to serve principally the residents of the PUD;
C. That the uses are planned as an integral part of the PUD;
D. That the uses be located and so designed as to provide direct access to a collector
or an arterial street without creating congestion or traffic hazards; and
E. That a minimum of fifty percent (50 %) of the residential development occurs prior to
the development of the related commercial or industrial land uses. (Ord. 40, 10-
1978, rev. 9 -1980)
8 -6 -5: SITE AND STRUCTURE REGULATIONS AND REQUIREMENTS:
8- 6 -5 -1: MINIMUM AREA:
A PUD for the following principal uses shall contain an area of not less than:
A. Three (3) acres for residential development.
B. Five (5) acres for residential use with subordinate commercial or industrial uses.
C. Ten (10) acres for commercial use.
D. Ten (10) acres for industrial use. (Ord. 40, 10 -1978, rev. 9 -1980)
8- 6 -5 -2: COMMON OPEN SPACE:
A. Required Common Open Space: A minimum of ten percent (10 %) of the gross land
area developed in any residential PUD project shall be reserved for common open
space and recreational facilities for the residents or users of the area being
developed.
B. Dedication Of Land For Public Use: A required amount of common open space land
reserved under a PUD shall either be held in corporate ownership by owners of the
project area for the use of each owner who buys property within the development or
be dedicated to the public and retained as common open space for parks, recreation
and related uses. Public utility and similar easements and right of way for
watercourses and other similar channels are not acceptable for common open space
dedication unless such land or right of way is usable as a trail or other similar
purpose and approved by the council.
C. Maintenance: The responsibility for the maintenance of all open spaces shall be
specified by the developer before approval of the final development plan.
D. Clustering: Every property developed under the PUD approach should be designed
to abut upon common open space or similar areas. A clustering of dwellings is
encouraged. (Ord. 40, 10 -1978, rev. 9 -1980)
8- 6 -5 -3: UNDERGROUND UTILITIES:
Underground utilities, including telephone and electrical systems, are required within the
limits of all PUDs. Appurtenances to these systems which can be effectively screened
may be exempted from this requirement if the commission finds that such exemption will
not violate the intent or character of the proposed PUD. (Ord. 40, 10 -1978, rev. 9 -1980)
8- 6 -5 -4: INCREASED RESIDENTIAL DENSITY:
A. To provide for an incentive for quality PUD, the council may authorize an increased
residential density of up to fifteen percent (15 %) of the allowable number of dwelling
units. Character, identity and architectural and siting variation incorporated in a
development shall be considered cause for density increases, provided these factors
make up a substantial contribution to the objectives of the PUD, which are as
follows:
1. Landscaping (a maximum increase of 5 percent), streetscape, open spaces and
plazas, use of existing landscaping, pedestrianway treatment and recreational areas;
2. Siting (a maximum increase of 5 percent), visual focal points, use of existing
physical features such as topography, view, sun and wind orientation, circulation
pattern, physical environment, variation in building setbacks and building grouping
(such as clustering); and
3. Design features (a maximum increase of 5 percent), street sections, architectural
styles, harmonious use of materials, parking areas broken by landscaping features
and varied use of housing types.
NOTE: The fifteen percent (15 %) density bonus shall not apply to the housing for
"older persons" portion of a PUD which qualifies for the following density bonus
provided for within subsection B of this section.
B. To provide an incentive for communities for "older persons" (55 and over - as defined
by the federal fair housing act of 1999, or any subsequent revision thereof) to be
included within lower density residential PUDs the council may authorize an
increased residential density to allow a maximum of three (3) dwelling units per
gross acre within any zoning designation which limits density to less than three (3)
dwelling units per gross acre specifically and solely for any portion of a PUD planned
for a community for "older persons ". Such a density increase shall not be permitted
in an A or A -R zoning designation.
Character, identity, landscaping and architectural /siting variation are to be
incorporated into any community for "older persons ". The community may consist of
single - family, two - family or multi - family dwelling units, or a mixture thereof, and
should be clustered and include amenities for "older persons ". Zero lot line
development with common open space areas shall be the only type of development
permitted to be considered for such an increase. The zero lot line development shall
allow for minimal front and /or rear yard areas for each residential unit if proposed by
the developer and approved by the city. However, the exterior side walls of all
residential buildings shall abut a common area lot line. The intent of the zero lot line
development is to allow for large areas of open space as opposed to a sea of side
yard and rear yard fences dividing residential lots. For purposes of this section the
minimum lot size referenced elsewhere within this code shall be calculated by
considering the entire community for "older persons" as a whole. Also, the PUD shall
be designed so the community for 'older persons" portion of the development does
not abut residential parcels adjacent to the PUD and sufficient buffering be provided
as may be required by the city.
The following site criteria must be met in order to consider approval of the density
increase for the community for "older persons ":
1. The land area for the community for "older persons" shall not encompass a land
area exceeding sixteen percent (16 %) of the total land area within the entire planned
unit development;
2. The total land area of the entire planned unit development shall be a minimum of
eighty (80) acres;
3. The entire PUD shall be served by either a municipal or community water and
sewer system;
4. Any limitations regarding individuals occupying the community for "older persons"
must be in accordance with local, state and federal regulations, and must specifically
be in accordance with the federal fair housing act as revised in 1999, or any
subsequent revision thereof. "Older persons" shall be as defined within the
aforementioned act;
5. The community for "older persons" shall be prohibited within any 100 -year flood
plain;
6. Open space requirements shall be as follows (where this section and any other
section of this title or title 9 of this code conflict or overlap, this section shall control):
a. If the residential lots (not including the community for "older persons" portion of
the PUD) meet the minimum lot size requirement or are reduced below the
minimum lot size requirements such that no residential lot is less than one acre in
size the entire PUD shall consist of a minimum of twenty percent (20 %) of open
space.
b. If the residential lots (not including the community for "older persons" portion of
the PUD) are reduced below the minimum lot size requirement such that any
residential lot is less than one acre in size the entire PUD shall consist of a
minimum of twenty six percent (26 %) of open space.
c. Pathways, buffer areas, public park sites, public school sites, and public golf
courses and /or driving ranges proposed within any such PUD shall be included, in
their entirety, with any other open space areas proposed when calculating the
minimum open space required.
d. A minimum of one 5,000- square foot clubhouse /indoor recreation facility shall
be provided with the community for "older persons" portion of the PUD.
7. The final plat shall include a note indicating that the portion of land permitted for
the density bonus for "older persons" shall be for "older persons" as defined by the
federal fair housing act as revised in 1999, or any subsequent revision thereof.
8. Enforcement of the provisions of the federal fair housing act of 1999, or any
subsequent revision thereof must be the responsibility of the homeowners'
association and so noted in the CC &Rs. (Ord. 384, 3 -6 -2001)
8- 6 -5 -5: ARRANGEMENT OF COMMERCIAL USES:
When PUDs include commercial uses, commercial buildings and establishments shall
be planned as groups having common parking areas and common ingress and egress
points in order to reduce the number of potential accident locations at intersections.
Planting screens or fences shall be provided on the perimeter of the commercial areas
abutting residential areas.
The plan of the project shall provide for the integrated and harmonious design of
buildings, and for adequate and properly arranged facilities for internal traffic circulation,
landscaping and such other features and facilities as may be necessary to make the
project attractive and efficient from the standpoint of the adjoining and surrounding
noncommercial areas.
All areas designed for future expansion or not intended for immediate improvement or
development shall be landscaped or otherwise maintained in a neat and orderly
manner. (Ord. 40, 10 -1978, rev. 9 -1980)
8- 6 -5 -6: ARRANGEMENT OF INDUSTRIAL USES:
PUDs may include industrial uses if it can be shown that the development results in a
more efficient and desirable use of land.
A. Industrial uses and parcels shall be developed in park like surroundings utilizing
landscaping and existing woodlands as buffers to screen lighting, parking areas,
loading areas or docks and /or outdoor storage of raw materials or products. A
planned industrial area shall provide for the harmony of buildings and a compact
grouping in order to economize in the provision of such utility services as are
required. Thoroughfares shall be kept to a minimum throughout a planned industrial
area in order to reduce through traffic.
B. Project side yards of forty feet (40') and a rear yard of fifty feet (50') shall be required
if the project is located adjacent to any residential uses. All intervening spaces
between the right of way line and project building line and intervening spaces
between buildings, drives, parking areas and improved areas shall be landscaped
with trees and plantings and properly maintained at all times. (Ord. 40, 10 -1978, rev.
9 -1980)
8 -6 -6: PROCEDURE FOR APPROVAL OF PLANNED UNIT
DEVELOPMENT:
When the PUD also qualifies as a subdivision, the processing of the conditional use
permit and subdivision application 32 shall occur at the same time. The granting of a
conditional use permit for a PUD shall require a preapplication, the submission of a
preliminary development plan and approval by the council of a final development plan
as specified within this title. (Ord. 40, 10 -1978, rev. 9 -1980)
8- 6 -6 -1: PREAPPLICATION MEETING:
The developer shall meet with the administrator prior to the submission of the
preliminary development plan. The purpose of this meeting is to discuss early and
informally the purpose and effect of this chapter and the criteria and standards herein,
and to familiarize the developer with the comprehensive plan, zoning title, subdivision
title 33 and such other plans and ordinances as deemed appropriate. The developer may
also meet with the commission or council prior to submitting an application. (Ord. 40,
10 -1978, rev. 9 -1980)
8- 6 -6 -2: PRELIMINARY DEVELOPMENT PLAN:
A. Application For Preliminary PUD: An application for preliminary PUD shall be filed
with the administrator by a property owner or person having existing interest in the
property for which the PUD is proposed. At a minimum, the application shall contain
the following information filed in triplicate:
1. Name, address and phone number of applicant;
2. Name, address and phone number of registered surveyor, registered engineer
and /or urban planner assisting in the preparation of the preliminary development
plan;
3. Legal description of property;
4. Description of existing use;
5. Zoning districts;
6. A vicinity map at a scale approved by the zoning administrator, 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;
7. A preliminary development plan, at a scale approved by the zoning administrator,
showing:
a. Topography at two foot (2') intervals;
b. Location and type of residential, commercial and industrial land uses;
c. Layout, dimensions and names of existing and proposed streets;
d. Rights of way;
e. Utility easements;
f. Parks and community spaces;
g. Layout and dimensions of lots and building setback lines;
h. Preliminary improvement drawings showing water, sewer, drainage, electricity,
telephone and natural gas and such other characteristics as the administrator
deems necessary.
8. Proposed schedule for the development of the site; and
9. Evidence that the applicant has sufficient control over the land in question to
initiate the proposed development plan within one year.
The application for preliminary PUD shall be accompanied by a written statement by
the developer setting forth the reasons why, in his opinion, the PUD would be in the
public interest. (Ord. 40, 10 -1978, rev. 9 -1980)
B. Public Notice: The same provision for public hearing and legal notification as required
for conditional use permits, section 8 -7 -8 of this title, shall be followed. (Ord. 270, 5-
29 -1996)
C. Approval In Principle Of Preliminary Development Plan: Within thirty (30) days after
the public hearing, the commission shall review the preliminary development plan to
determine if it is consistent with the intent and purpose of this title; whether the
proposed development advances the general welfare of the community and
neighborhood and whether the benefits, combination of various land uses and the
interrelationship with the land uses in the surrounding area justify the deviation from
standard district regulations and its recommendation to the council. The
commission's recommendation in principle of the preliminary development plan shall
be necessary before an applicant may submit a final development plan. Approval in
principle shall not be construed to endorse a precise location of uses, configuration
of parcels or engineering feasibility.
The council shall consider the general standards applicable to conditional use
permits and criteria for conditional uses before approving in principle a preliminary
development plan. (Ord. 40, 10 -1978, rev. 9 -1980)
8- 6 -6 -3: FINAL DEVELOPMENT PLAN:
A. Application For Approval: Upon approval in principle of a preliminary development
plan, an application for approval of the final development plan shall be filed with the
administrator by at least one property owner or person having a presently existing
interest in the property for which the PUD is proposed. Each application shall be
signed by the owner or lessee, attesting to the truth and exactness of all information
supplied on the application for final development plan. Each application shall clearly
state that the approval shall expire and may be revoked if construction on the project
has not begun within one year from the date of issuance of the approval. At a
minimum, the application shall contain the following information:
1. A survey of the proposed development site showing the dimensions and bearings
of the property lines, area in acres, topography and existing features of the
development site, including major wooded areas, structures, streets, easements,
utility lines and land uses;
2. All the information required on the preliminary development 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;
3. A schedule for the development of units to be constructed in progression and a
description of the design principles for buildings and streetscapes; tabulation of the
number of acres in the proposed project for various uses; the number of housing
units proposed by type; estimated residential population by type of housing;
estimated nonresidential population; anticipated timing for each unit and standards
for height, open space, building density, parking areas, population density and public
improvements proposed for each unit of the development whenever the applicant
proposed an exception from the standard zoning districts or other ordinances
governing development;
4. Engineering feasibility studies and plans showing, as necessary, water, sewer,
drainage, electricity, telephone and natural gas installations; waste disposal facilities;
street improvements and nature and extent of earth work required for site
preparation and development;
5. Site plan, showing buildings, various functional use areas, circulation and their
relationship;
6. Preliminary building plans, including floor plans and exterior elevations;
7. Landscaping plans; and
8. 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.
B. Recommendation By Commission: Within forty five (45) days after receipt of the final
development plan, the commission shall recommend to the council that the final
development plan be approved as presented, approved with supplementary
conditions or disapproved. The commission shall then transmit all papers
constituting the record and the recommendations to the council.
The commission shall find that the facts submitted with the application and
presented to them establish that:
1. The proposed development can be initiated within one year of the date of
approval;
2. Each individual unit of the development, as well as the total development, can
exist as an independent unit capable of creating an environment of sustained
desirability and stability or that adequate assurance will be provided that such
objective will be attained and the uses proposed will not be detrimental to present
and potential surrounding uses, but will have a beneficial effect which would not be
achieved under standard district regulations;
3. 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;
4. Any proposed commercial development can be justified at the locations proposed;
5. Any exception from standard district requirements is warranted by the design and
other amenities incorporated in the final development plan, in accordance with the
PUD and the adopted policy of the council;
6. The area surrounding said development can be planned and zoned in
coordination and substantial compatibility with the proposed development;
7. The PUD is in general conformance with the comprehensive plan; and
8. The existing and proposed utility services are adequate for the population
densities and nonresidential uses proposed.
C. Action By The Council: Within forty five (45) days after receipt of the final
recommendations of the commission, the council shall either approve, approve with
supplementary conditions or disapprove the application as presented. Upon granting
or denying the application, the council shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
If the application is either approved or approved with conditions, the council shall
direct the administrator to issue zoning permits only in accordance with the approved
final development plan and the supplementary conditions attached thereto.
D. Expiration And Extension Of Approval Period: The approval of a final development
plan for a PUD shall be for a period not to exceed one year to allow for preparation
and recording of the required subdivision plan and the development of the project. If
no construction has begun within one year after approval is granted, the approved
final development plan shall be void. An extension of the time limit or modification of
the approved final development plan may be approved if the council finds that such
extension or modification is not in conflict with the public interest. (Ord. 40, 10 -1978,
rev. 9 -1980)
Title 33, Planning and Zoning
4/22/06
Chapter 33.610
Lots in RF Through R5 Zones
CHAPTER 33.610
LOTS IN RF THROUGH R5 ZONES
(Added by: Ord. Nos. 175965 and 176333, effective 7/1/02. Amended by: Ord. No. 177422,
effective 6/7/03; Ord. No. 177701, effective 8/30/03; Ord. No. 178657, effective 9/3/04; Ord. No.
179994, effective 4/22/06.)
Sections:
33.610.010
Purpose
33.610.020
Where These Standards Apply
33.610.100
Density Standards
33.610.200
Lot Dimension Standards
33.610.300
Through Lots
33.610.400
Flag Lots
33.610.500
Split Zoned Lots
33.610.010 Purpose
This chapter contains the density and lot dimension standards for approval of a Preliminary
Plan for a land division in the RF through R5 zones. These standards ensure that lots are
consistent with the desired character of each zone while allowing lots to vary in size and
shape provided the planned intensity of each zone is respected. This chapter works in
conjunction with other chapters of this Title to ensure that land divisions create lots that
can support appropriate uses and development.
RF Through R5 Zones
33.610.020 Where These Standards Apply
The standards of this chapter apply to land divisions in the RF through R5 zones.
33.610.100 Density Standards
A. Purpose. Density standards match housing density with the availability of services
and with the carrying capacity of the land in order to promote efficient use of land,
and maximize the benefits to the public from investment in infrastructure and
services. These standards promote development opportunities for housing and
promote urban densities in less developed areas. Maximum densities ensure that
the number of lots created does not exceed the intensity planned for the area, given
the base zone, overlay zone, and plan district regulations. Minimum densities
ensure that enough dwelling units can be developed to accommodate the projected
need for housing.
B. Generally. The method used to calculate density depends on whether a street is
created as part of the land division. As used in this chapter, creation of a street
means a full street on the site, creating the first stage of a partial width street on
the site, or extending an existing street onto the site. It does not include additional
stages of a partial width street, or dedicating right -of -way to widen an existing
right -of -way.
610 -1
Chapter 33.610
Lots in RF Through R5 Zones
Title 33, Planning and Zoning
4/22/06
C. No street created. Where no street will be created as part of the land division, the
following maximum and minimum density standards apply. Adjustments to this
subsection are prohibited:
Maximum density. Maximum density is based on the zone and the size of the
site. The following formula is used to determine the maximum number of lots
allowed on the site:
Square footage of site;
Maximum density from Table 610 -1;
= Maximum number of lots allowed.
2. Minimum density. Minimum density is based on the zone and size of the site,
and whether there are physical constraints. The following formula is used to
determine the minimum number of lots required on the site. Exceptions to
minimum density are allowed under the provisions of Subsection
33.610.100.E:
Square footage of site:
- Square footage of site within an environmental overlay zone, potential
landslide hazard area, or flood hazard area;
x 0.80;
Maximum density from Table 610 -1;
= Minimum number of lots required.
D. Street created. Where a street will be created as part of the land division, the
following maximum and minimum density standards apply. Adjustments to this
subsection are prohibited:
1. Maximum density. Maximum density is based on the zone, the size of the site
and whether a street is being created. The following formula is used to
determine the maximum number of lots allowed on the site:
Square footage of site;
x 0.85;
Maximum density from Table 610 -1;
= Maximum number of lots allowed.
2. Minimum density. Minimum density is based on the zone, the size of the site,
whether there are physical constraints, and whether a street is being created.
The following formula is used to determine the minimum number of lots
required on the site. Exceptions to minimum density are allowed under the
provisions of Subsection 33.610.100. E:
Square footage of site
- Square footage of site within an environmental overlay zone, potential
landslide hazard area, or flood hazard area;
x 0.68
Maximum density from Table 610 -1
= Minimum number of lots required.
E. Exceptions to minimum density. Exceptions to minimum density standards are
allowed in the following situations. Adjustments to this subsection are prohibited:
1. If the minimum required density is equal to the maximum allowed density,
then the minimum is automatically reduced by one;
610 -2
Title 33, Planning and Zoning
4/22/06
Chapter 33.610
Lots in RF Through R5 Zones
2. If the minimum required density is larger than the maximum allowed density,
then the minimum density is automatically reduced to one less than the
maximum;
3. The portion of the site that has a conditional use or Conditional Use Master
Plan is not included in the site for calculations of minimum density.
Table 610 -1
Maximum Density Standards
RF R20 R10 R7 R5
Maximum Density 1 unit per 1 unit per 1 unit per 1 unit per 1 unit per
87,120 s . ft. 20,000 so. ft. 10,000 s . ft. 7,000 s . ft. 5,000 s . ft.
33.610.200 Lot Dimension Standards
Lots in the RF through R5 zones must meet the lot dimension standards of this section.
A. Purpose. The lot dimension standards ensure that:
• Each lot has enough room for a reasonably -sized house and garage;
• Lots are of a size and shape that development on each lot can meet the
development standards of the zoning code;
• Lots are not so large that they seem to be able to be further divided to exceed
the maximum allowed density of the site in the future;
• Each lot has room for at least a small, private outdoor area;
• Lots are compatible with existing lots;
• Lots are wide enough to allow development to orient toward the street;
• Lots don't narrow to an unbuildable width close to the street
• Each lot has adequate access from the street;
• Each lot has access for utilities and services; and
• Lots are not landlocked.
Table 610 -2
Lot Dimension Standards
RF
R20
R10
R7
R5
Minimum Lot Area
52,000 s . ft.
12,000 s . ft.
6,000 s . ft.
4,200 s . ft.
3,000 s . ft.
Maximum Lot Area
151,000 s . ft.
34,500 s . ft.
17,000 s . ft.
12,000 s . ft.
8,500 s . ft.
Minimum Lot Width
60 ft.[1]
60 11.[1]
50 11.[1]
40 ft.[1]
36 ft.[1]
Minimum Front Lot Line
30 ft.
30 ft.
30 ft.
30 ft.
30 ft.
Minimum Lot Depth
1 60 ft.
60 ft.
60 ft.
55 ft.
50 ft.
Notes:
[1] See 33.610.200.D.
B. Minimum lot area. Each lot must meet the minimum lot area standard stated in
Table 610 -2. Lots that do not meet the minimum lot area standard may be
requested through Planned Development Review. Adjustments are prohibited.
C. Maximum lot area. Lots larger than the maximum lot area standards stated in
Table 610 -2 are not allowed. Lots with a conditional use or Conditional Use Master
Plan are exempt from this standard.
610 -3
Chapter 33.610
Lots in RF Through R5 Zones
Title 33, Planning and Zoning
4/22/06
D. Minimum lot width. For the purposes of this subsection, width is measured at
the minimum front building setback line. Where this setback line is curved, width
is measured from the intersection points of the setback line with the side lot lines.
Each lot must meet one of the following standards. Lots that do not meet these
standards may be requested through Planned Development Review. Adjustments
to the standards are prohibited.
1. Each lot must meet the minimum lot width standard stated in Table 610 -2; or
2. There is no minimum lot width for lots that meet all of the following:
a. If the lot abuts a public alley, then vehicle access must be from the alley;
b. There must be at least 15 contiguous feet of uninterrupted curb space for
each lot being created under these provisions. This distance is measured
along the face of the curb, or along the edge of the roadway pavement if
there is no curb. Each lot's space must be located along the street that the
lot's front lot line abuts, and must abut the land division site; however,
each space does not have to be located directly in front of its associated
lot. See Figure 610 -1. Lots that abut a pedestrian connection, common
green or have vehicle access from an alley are exempt from this standard;
C. Lots must be configured so that development on the site will be able to
meet the 50 percent garage limitation standard of Subsection
33.110.253.E at the time of development;
d. Lots that will be developed with attached houses must be configured so
that 60 percent of the area between the front lot line and the front
building line can be landscaped at the time of development; and
e. When a driveway is proposed to provide vehicle access to more than two
lots, it must be an alley.
E. Minimum front lot line. Each lot must have a front lot line that meets the
minimum front lot line standard stated in Table 610 -2. Lots that are created under
the provisions of Paragraph D.2 above, may reduce the front lot line to equal the
width of the lot. Lots that do not meet the minimum front lot line standard may be
requested through Planned Development Review. Adjustments to this standard are
prohibited.
F. Minimum lot depth. Each lot must meet the minimum lot depth standard stated
in Table 610 -2. Lots that do not meet the minimum lot depth standard may be
requested through Planned Development Review. Adjustments to this standard are
prohibited.
610 -4
Title 33, Planning and Zoning
4/22106
Chapter 33.610
Lots in RF Through R5 Zones
Figure 610 -1
Examples That Meet the Uninterrupted Curb Standard
STREET
33.610.300 Through Lots
A. Purpose. This standard ensures that lots are configured in a way that
development can be oriented toward streets to increase the safety and enjoyment of
pedestrians and bicyclists. The standard also ensures that development does not
"turn its back" on a collector or major city traffic street.
B. Standard. Through lots are allowed only where both front lot lines are on local
service streets. The minimum front lot line and minimum width standards apply to
one frontage of the through lot.
33.610.400 Flag Lots
The following standards apply to flag lots in the RF through R5 zones:
A. Purpose. These standards allow the creation of flag lots in limited circumstances.
The limitations minimize the negative impacts of flag lots on an area while allowing
land to be divided when other options are not achievable.
B. When a flag lot is allowed. A flag lot is allowed only when the following are met:
1. An existing dwelling unit on the site is located so that it precludes a land
division that meets the minimum lot width standard of Paragraph
33.610.200.D. 1.
610 -5
i
I
�
aWEit1N6
(
DWELLING
I
DWELLING
I
t
UNfr
UNIT
UNiT
i
I
%MWAtK
sTREEr
STREET
33.610.300 Through Lots
A. Purpose. This standard ensures that lots are configured in a way that
development can be oriented toward streets to increase the safety and enjoyment of
pedestrians and bicyclists. The standard also ensures that development does not
"turn its back" on a collector or major city traffic street.
B. Standard. Through lots are allowed only where both front lot lines are on local
service streets. The minimum front lot line and minimum width standards apply to
one frontage of the through lot.
33.610.400 Flag Lots
The following standards apply to flag lots in the RF through R5 zones:
A. Purpose. These standards allow the creation of flag lots in limited circumstances.
The limitations minimize the negative impacts of flag lots on an area while allowing
land to be divided when other options are not achievable.
B. When a flag lot is allowed. A flag lot is allowed only when the following are met:
1. An existing dwelling unit on the site is located so that it precludes a land
division that meets the minimum lot width standard of Paragraph
33.610.200.D. 1.
610 -5
Chapter 33.610 Title 33, Planning and Zoning
Lots in RFThrough R5 Zones 4122106
2. Only two lots are proposed; and
3. Minimum density requirements for the site will be met.
C. Flag lot access pole. The pole portion of the flag lot must meet the following
standards. Adjustments are prohibited:
1. The pole must connect to a street;
2. The pole must be at least 12 feet wide for its entire length; and
3. The pole must be part of the flag lot and must be under the same ownership as
the flag portion.
D. Minimum lot dimensions. Flag lots are exempt from the minimum front lot line
standard. The minimum lot width and minimum lot depth required for each flag
lot is 40 feet. For the purposes of this subsection width is measured at the
midpoint of the opposite lot lines. All other lot dimension standards must be met.
33.610.500 Split Zoned Lots
A. Purpose. This standard ensures that lots do not have more than one zone. Lots
that are split by more than one zone present practical problems related to the
applicability of use and development standards.
B. Standard. On sites with more than one base zone, each lot must be entirely within
one zone. The creation of lots that are in more than one zone is not allowed.
610 -6
- FT
City of Rexburg ORA
Planned unit development (PUD)
A. Purpose It is the purpose of this section to allow residential planned unit
developments in any residential, and in doing so, to allow a more flexible approach to
land development than that which is normally accomplished through the subdivision and
zoning ordinances of the city. The planned unit development approach is intended to
provide more desirable environments by encouraging creative site planning and building
designs; to make possible greater diversification between buildings and open spaces; and
to conserve land and natural resources and minimize development costs. The planned unit
development approach, however, is not intended to allow uses on land within a planned
unit development other than uses permitted within the zone that is applicable to the land.
B. Planning Commission Authority The planning commission shall have the
authority to approve, approve with conditions, or disapprove planned unit developments
in any residential or commercial zone, or any combination of them, subject to the
provisions of this section.
C. Pre - Application Conference Prior to filing an application for a planned unit
development, the applicant shall review the applicant's preliminary master plan
with the Planning and Zoning Commission or designated representative at a pre -
application conference. The purpose of the pre - application conference is to
inform the city of the nature of a likely PUD application at an early date and to
provide the potential applicant with information on what will be needed to make
an application complete.
D. Uses permitted. All uses that are permitted within the underlying zoning, also, up
to ten percent (10 %) of gross land area may be directed to other commercial,
industrial, public and quasi - public uses that are not allowed within the land use
district; provided, that there is a favorable finding by the Commission:
a. That the uses are appropriate with the residential uses;
b. That the uses are intended to serve principally the residents of the PUD;
c. That the uses are planned as an integral part of the PUD;
d. That the uses be located and so designed as to provide direct access to a
collector or an arterial street without creating congestion or traffic hazards;
and
e. That a minimum of fifty percent (50 %) of the residential development
occurs prior to the development of the related commercial or industrial
uses.
E. Minimum Area. A PUD for the following principal uses shall contain an area not
less than:
a. Three (3) acres for residential development.
b. Five (5) acres for residential use with subordinate commercial or industrial
uses.
Page 1 of 15
c. Ten (10) acres for commercial use.
d. Ten (10) acres for industrial use.
F. Variations to Underlying Zone Permitted
a. Upon combining the PUD zone with an appropriate existing
zone,variations from the development standards of said underlying zone
may be permitted provided the variations are specifically adopted as part of
the approved project plan or approved supporting documents. Variations,
however, shall not include changes in the permitted uses allowed by the
zone with which the PUD zone has been combined, except to the extent set
forth herein.
i. Base Density. The maximum number of residential units allowed
per developable acre in a PUD which meets only the minimum
development requirements of this Chapter shall be calculated using
the Lot Area Per Dwelling Requirement of the underlying zone:
ZONE
Lot Area per Dwelling
LDR1
1 Unit per 12,000 square feet
LDR2
1 Unit per 8,000 square feet
LDR3
1 Unit per 6,000 square feet
b. Notwithstanding the foregoing provision, in no event shall the number of
residential units exceed the number of units per developable acre in the
PUD that could be achieved, without a density bonus, by conventional
development of the property in the zone with which the PUD is proposed
to be applied. Such maximum number of residential units shall be
reasonably determined by the Planning Commission using development
criteria and ordinance requirements applicable to the zone which the PUD
is proposed to be combined with'
G. Density Determination Density in PUD shall be determined by using the
"developable land" of the entire proposed development. Developable land is land
under 30% slope and that is capable of being improved with landscaping,
recreational facilities, buildings, or parking. Land devoted to street usage in PUD
subdivisions shall not be considered developable acreage and must be subtracted
out of the total acreage used to determine density.
H. Minimum Performance Standards A planned unit development established
under the provisions of this ordinance shall conform to the standards and
requirements of this section.
a. General Standards.
i. SINGLE OWNERSHIP OR CONTROL. The area proposed for a
planned unit development shall be in one (1) ownership or control
during development to provide for full supervision and control of
said development, and to insure conformance with these provisions
and all conditions imposed upon the preliminary and final
development plans. Mere development agreements between
individual shall not satisfy this requirement. Individual ownership,
Page 2 of 15
partnerships, corporations, and other legally recognized entities are
acceptable.
ii. SCOPE OF PLAN. A plan for the development of a planned unit
development shall cover the entire area proposed for development.
Upon approval the development shall be strictly in accordance with
the plan. Areas not proposed for development shall be designated as
open space and shall conform to minimum landscaping
requirements of this Chapter.
iii. DESIGN TEAM. The final development plans shall be prepared by
a design team composed of an architect, a landscape architect, and
an engineer or land surveyor, all licensed to practice in the State of
Idaho.
iv. NATURAL FEATURES. Developments shall be designedto
preserve and incorporate the natural features of the land into the
development. Natural features include drainage swales, wetlands,
rock outcroppings, streams, and concentrated native stands oflarge
shrubs or trees.
v. UTILITIES. All utilities shall be placed underground, including
telephone, electrical, and television cables. Dwelling units under
separate ownership shall have separate utility metering, unless
otherwise approved by the Public Works Department.
vi. PHASING. If the project is to be done in phases, no remnant
parcels shall be created. Any land not proposed for development
shall be designated as open space.
vii. WATER CONSERVATION. Low volume irrigation systems with
automatic controllers shall be used. Such an irrigation system
includes, but is not limited to, low volume sprinkler heads, drip
emitters, and bubbler emitters. A minimum of PVC schedule 40 or
equivalent shall be used for main lines and under driveway areas,
and a mini -mum of PVC schedule 200 or equivalent shall be used
for lateral lines
b. Compatibility Standards.
i. REFUSE BINS. Refuse bins shall be stored in screened enclosures
which are architecturally compatible in style and materials with the
character of the development. Bins shall be located so they are not
visible from outside circulation routes, and so they do not restrict
vehicular movement or parking.
ii. GLARE REDUCTION. Exterior lighting shall be designed such
that the light source will be sufficiently obscured to prevent
excessive glare into any residential area.
iii.
I. Common Open Space
a. Required Common Open Space: A minimum of ten percent (10 %) of the
gross land area developed in any residential PUD project shall be reserved
for common open space and recreational facilities for the residents or users
of the area being developed.
Page 3 of 15
b. Dedication of Land for Public Use: A required amount of common open
space land reserved under a PUD shall either be held in corporate
ownership by the owners of the project area for the use of each owner who
buys property within the development or be dedicated to the public and
retained as common open space for parks, recreation and related uses.
Public utility and similar easements an right -of -way for watercourses and
other similar channels are not acceptable for common open space
dedication unless such land or right -of -way is usable as a trail or other
similar purpose and approved by the Commission.
c. Maintenance: The responsibility of the maintenance of all open space shall
be specified by the developer before approval of the final master plan.
d. Clustering: Property developed under the PUD approach should be
designed to abut common open space or similar areas. A clustering of
dwellings is encouraged.
e. Hardscape: Such common open spaces may include walkways, patios,
recreational activity areas, picnic pavilions, gazebos, and water features so
long as such surfaces do not exceed 15% of the required open green space.
f. Common Activity Areas: At a minimum, open green space shall include
either a playground with play equipment or pathways with benches and
tables through a natural or planted landscaped area.
i. Subdivided, one - family lots shall provide developed common
activity area at a ratio of 1,000 square feet per lot
g. Landscaping Per Unit: A minimum of three (3), one and one -half (1.5) inch
caliper deciduous trees or four (4) foot tall evergreen trees, and four (4)
shrubs shall be planted for each lot in a PUD subdivision, as well as
building foundation planting of appropriate shrubs, flowers, or ground
covers. Landscaping in the park strip in the street right -of -way shall have a
unified design theme in PUD subdivisions. Multiple family PUD's shall
provide a minimum of one (1) deciduous or evergreen tree per two (2)
units, and two (2) shrubs per unit. The intent is to have a variety of plant
materials to give color and texture; to direct traffic; to frame views; and to
screen undesirable views.
i. The placement and types of deciduous trees shall take into
consideration use of the trees for summer cooling and winter solar
access. Evergreen trees should be used as windbreaks, screening,
and accent plantings.
h. WATER CONSERVATION. The majority of new plant material used for
landscaping the development should be water conserving plants. The
landscaping design shall locate plant materials in similar water usage
demand zones to insure proper irrigation coverage and reduce wasteful
irrigation coverage and reduce wasteful watering.
Density Bonuses Density in excess of the base density for the underlying zone
maybe considered for projects which comply with the bonus density design
requirements. The amount of density bonus shall be determined by the type of
Bonus Density Design Requirements incorporated in the development proposal.
In no case shall the density bonus exceed the maximum density (per net
Page 4 of 15
developable acre NDA) allowed for the zone in which the development occurs
according to the following chart:
ZONE
BASE DENSITY
MAX. DENSITY
LDR1
3.63 Units /NDA
4.84 Units /NDA
LDR2
5.45 Units /NDA
7.62 Units /NDA
LDR3
7.26 Units /NDA
10.16 Units /NDA
K. Density Bonus Calculations For applicants requesting a density greater than the
base density, the Planning Commission shall determine whether the applicant
has complied with the necessary design components as provided in Section
14.3 1.110 of this Chapter and shall assign density points as applicable. The
additional units per acre allowed above the base density for the PUD shall be
determined by multiplying the total number of density bonus points by the
density coefficient of the underlying zone. This figure is the additional number
of units per acre allowed above the base density. This number when added to the
base density will determine the total density per acre for the project; provided
that the number shall not exceed the maximum density allowed in the zone.
(Example: The project is in an LDR2 zone and the design is awarded 75 bonus
points. 75 x .0121 = 0.91 additional units per acre. 0.91 + 3.63 (base density) _
4.54 maximum units per acre for the development.) The density coefficient for
each underlying zone and the total amount of points needed for the maximum
density are listed below:
ZONE
DENSITY COEFFICIENT
MAXIMUM DENSITY POINTS
LDR1
0.0121
100
LDR2
0.028
100
LDR3
0.29
100
L. Density Bonus Design Requirements greater density is requested above the
base density, a PUD development shall comply with one or more of the
following bonus design requirements depending upon the desired density
increase. The Planning Commission shall review and determine if the proposed
design complies with the intent of the design requirement before the points are
granted. The density bonus points for each individual design component are in
parentheses at the end of each requirement. In order to receive the maximum
density allowed in the zone, the development shall have received bonus density
points from at least one design component in each of the following categories:
energy efficiency, building design, design theme, landscaping, and open green
space. A design component cannot be used to obtain points in more than one
category. The density bonus design requirements are as follows:
a. Energy Efficiency.
i. INSULATION. All dwellings and main buildings shall have R -19
wall insulation and R -38 ceiling insulation. (Up to 10 points.)
ii. SOLAR DESIGN. All dwellings are designed with an active or
passive solar feature. The solar feature shall be a solar water heater,
Page 5 of 15
trombe wall, earth insulation of a majority of the walls, the building
designed so that the main exposure faces south and has windows to
allow solar access, or other features as approved by the Planning
Commission. (Single feature per unit throughout the entire project,
up to 20 points. Combination features per unit throughout the entire
project, up to 30 points.)
b. Building Design.
i. MATERIALS. All facades of each dwelling structure, exclusive of
windows or doors, have a minimum coverage of 80% of the
exterior surface in either brick or stone. (Up to 20 points).
ii. ROOF MATERIALS. All roofs of main buildings are clad with
wood shake, tile, or slate shingles. (Up to 15 points.) (3)
c. Design Theme.
i. INSTALLED LANDSCAPING. Landscaping is designed and
installed along all streets of the development according to a theme
which provides units and interest. (Up to 20 points)
ii. THEME LIGHTING. Theme lighting is used throughout the
development for street lighting, lighting of walkways, parking
areas, entrances, and building exteriors. (Up to 15 points)
iii. FENCING. Perimeter fencing is used throughout the project that
matches the building design, i.e., masonry columns or piers using
the same brick or stone as the buildings. (Up to 15 points)
iv. SPECIAL FEATURES. Special features such as fountains, streams,
ponds, sculptures, buildings or other elements which establish a
strong theme for the development and are utilized in highly visible
locations in the development. (Up to 20 points)
d. Parking Areas.
i. SCREENING. Parking lots of 20 or more stalls are screened from
view by means of berming or landscaping around the perimeter of
the parking lot. (Up to 20 points)
ii. LANDSCAPED ISLANDS. Parking lots of 20 or more stalls or a
continuous row of parking over 90 feet in length has a landscaped
island(s) which provides landscaping at a ratio of 1 square foot of
landscaping per 13 square feet of hard surface. (Up to 15 points)
iii. SHADE TREES. Areas with 5 or more uncovered parking stalls are
designed to include minimum 2 inch caliper trees located in such a
manner as to shade 50% of the parking area upon maturation of the
trees. (Up to 15 points.)
e. Recreational Amenities.
i. ACTIVE RECREATION. The PUD includes a recreational
amenity primarily for the use of the residents of the development.
Amenities may include swimming pools, sports courts, spas,
barbecue and picnic facilities, or other features as approved by the
Planning Commission. The Planning Commission may determine
the points based on the cost of the amenity, its benefit to the
Page 6 of 15
residents of the development, its size and the number of amenities
in the development. (Between 5 to 35 points.)
ii. COMMON BUILDING OR FACILITIES. Development of a
common building which shall be used for meetings, indoor
recreation, day care, or other common uses as approved by the
Planning Commission. RV parking facilities may also be
considered with this design feature. (Up to 20 points.)
iii. PARK DEDICATION. Dedication of land for public park, public
access along a stream, or public access along a planned trail. The
City must be willing to accept the proposed dedication before
points are awarded. (Public access up to 15 points. Public park up
to 40 points.)
iv. CONSTRUCTION OF TRAIL OR PARK. Construction according
to City standards of trail or park which has been dedicated to the
City according to item number (c) above. (Trail 15 points, public
park 40 points.)
f. Landscaping.
i. EXTRA TREES. Design and planting more than the minimum
number of trees, shrubs, and perennials per dwelling unit in the
development. (Up to 20 points)
ii. SOFTEN FENCE APPEARANCE. Areas which are to be screened
use a solid non - see - through wood or masonry fence and
landscaping which acts to soften the appearance of the fence.
Landscaping may be vines, shrubs, or trees. (Up to 15 points)
g. Open Green Space.
i. DESIGNED PLAN. Open green space is designed (not left over
space between buildings) and flows uninterrupted through the
entire development linking dwellings and recreation amenities. (Up
to 25 points.)
ii. MULTIPLE USE. Storm water detention facilities are designed and
used for multiple purposes which blend with the overall theme of
the open space design i.e., shape of the area is free flowing, the
grading and landscaping are carried out in such a manner that the
use as a detention pond is not discernible. (Up to 20 points.)
h. Public Streets. All streets within the development are dedicated public
streets, or at least built to public street standards. (Up to 25 points)
M. Preliminary Master Plan Application. Following a pre - application conference, an
applicant may submit a preliminary master plan to the City for review. The
preliminary master plan, which must include a drawing showing the layout of the
proposed planned unit development, must contain the following information:
Proposed name of the planned unit development;
2. Date, north point and scale of drawing;
Page 7 of 15
3. Appropriate identification clearly stating that the drawing is a preliminary
planned unit development master plan;
4. Location of the planned unit development by section, township and range; a legal
description sufficient to define the location and boundaries of the proposed planned unit
development tract; and the tract designation or other description according to the real
estate records of the county assessor;
5. A vicinity sketch map at a scale of one inch equals four hundred feet showing
adjacent property boundaries and land uses;
6. Names and addresses of legal owners of properties within five hundred feet of the
tentative planned unit development boundaries, excluding streets, unless the City is able
to provide this information;
7. The following:
a. Location, widths and names of all existing streets or other public ways within or
abutting the planned unit development,
b. Contour lines having the following minimum intervals:
i. Two -foot contour intervals for ground slopes less than ten percent, and
ii. Five -foot contour intervals for ground slopes ten percent or greater.
Contours shall be based on contour maps provided by the city or other data approved
by the city engineer,
c. Location of at least one temporary bench mark within the planned unit
development boundaries or the source of the contour line data shown. (Source and
accuracy subject to city engineer's approval),
d. Location and direction of all water courses and natural features such as rock
outcroppings, marshes, wetlands, and wooded areas; and the approximate locations of
trees or stands of trees having a trunk cross - sectional diameter of eight inches
(approximately twenty -five inches in circumference) or more measured at a point fifty -
four inches above the base of the trunk on the uphill side. The plan must identify those
water courses, natural features and areas of trees meeting the described criteria which are
to remain and those which may be altered or removed,
e. Proposed streets, including location, widths and approximate radii or curves,
f. Location of existing and proposed easements on the site or abutting property,
showing the width and purpose of each easement,
Page 8of15
g. The types of housing proposed within the PUD, the approximate location or
locations proposed for each type of housing, and the approximate housing density
proposed at each location,
h. Sites, if any, allocated for:
i. Churches,
ii. Parks, schools, playgrounds,
iii. Public buildings,
iv. Open space,
i. Area coverage of existing and proposed structures, lots, streets or other
development.
N. Supplemental Preliminary Master Plan Information. The applicant also shall
submit the following information to supplement the preliminary master plan.
This information can be submitted in separate statements accompanying the
preliminary master plan:
1. Proposed restrictions to be filed in the county deed records, in outline form, such
as deed restrictions, conditions, covenants and restrictions, and homeowners association
agreements. The outline restrictions shall identify the time at which the restrictions will
be filed in the county deed records; generally who will have authority to enforce the
restrictions; specifically which restrictions, if any, are proposed to be enforceable by the
city; the time at which the restrictions will become enforceable; and which restrictions, if
any, will not be subject to amendment without the consent of the city;
2. Approximate locations and anticipated grades of all streets. Typical cross
sections of the proposed streets showing widths of roadways, curbs, location and widths
of sidewalks and the location and size of utility mains;
3. Approximate plan of proposed sanitary sewers, storm drains, storm water
detention and drainage pre- treatment facilities and the water distribution system;
4. A general description of property intended to be dedicated to the city or public,
other than street right -of -ways, including proposed dedication restrictions;
5. Maximum potential number of residential units, calculated as follows:
a. Determine residential development area as follows: subtract from gross area any
area allocated for churches, schools, and public buildings,
Page 9of15
b. Divide residential development area (excluding public and private streets) by the
minimum residential lot size permitted in the underlying zone. This is the maximum
potential number of residential units;
6. Proposed number of residential units;
7. An approximate tabulation of all dwelling units by type;
8. A narrative description of the planned unit development and the manner in which
it meets the purpose set out in subsection A of this section;
9. A statement describing the present and proposed ownership;
10. A preliminary landscape plan, covering both areas to retain undisturbed their
natural vegetation and areas to be relandscaped;
11. A circulation plan and traffic impact analysis identifying likely circulation
patterns for and traffic impacts from traffic generated by the development including
patterns and impacts within the development, in the area surrounding the development,
and in other affected areas of the city;
12. A statement whether the applicant proposes to submit the final master plan for
review as a single master plan or in phases; a statement of the date or dates by which the
applicant proposes to submit the final master plan or final master plan phases for review;
and a statement of the date or dates by which the applicant anticipates that the
development and related improvements or each phase thereof will be substantially
completed.
O. Determination that Preliminary Master Plan is Complete. Following submission
or resubmission of a preliminary master plan, City staff shall determine whether
the plan is complete pursuant to the submittal requirements of subsections M and
N of this section. The determination of staff shall be in writing and, if the
application is determined to be incomplete, shall be provided to the applicant
with a description of the additional material required to make the application
complete.
P. Review of Complete Preliminary Master Plan. Following submission of a
complete preliminary master plan, City staff shall review the preliminary master
plan, shall seek comments on the plan from potentially affected governmental
units and agencies, and shall report to the planning commission the comments of
the committee members and of those governmental units and agencies that
submit comments.
Q. Planning Commission Consideration of Preliminary Master Plan. Following
receipt of comments on the preliminary master plan from City staff and other
affected governmental agencies, the planning commission shall review the plan
and comments in public hearings following the procedures the same as
conditional use permit and shall give approval, approval with conditions, or
Page 10 of 15
disapproval to the preliminary master plan. The planning commission shall state
its decision and its reasons in writing. The applicant may appeal the decision to
the city council in accordance with appeal requirements by the City. The
planning commission shall issue its written decision in a timely manner so that
the city's final decision, inclusive of all appeals, can be made within one hundred
twenty days after submission of a complete preliminary master plan. The
planning commission's consideration of the preliminary master plan shall be
subject to the following:
1. The commission shall approve, or approve with conditions, the plan if it finds
that the plan, either as submitted or with conditions, meets all of the following criteria.
The commission shall disapprove the plan if it finds that the plan, either as submitted or
with conditions, does not meet any one or more of the following criteria.
a. The proposed planned unit development will be substantially compatible with
existing development in the surrounding area; and undeveloped land in the surrounding
area can be developed in a manner substantially compatible with the proposed planned
unit development.
b. The number of years proposed for completion of the development or each phase
of the development is reasonable, taking into consideration the possibility of changing
land use patterns in or requirements of the city over time. In order to ensure that the
development will be compatible with land use patterns in and requirements of the city at
the time of approval of a final master plan, the planning commission shall establish an
expiration date for the preliminary master plan approval, not sooner than two years after
approval of the preliminary master plan; may impose conditions requiring that a final
master plan or phases thereof be submitted for commission review within a specified
period or periods of time, not sooner than one year after approval of the preliminary
master plan; or may impose conditions requiring commission re- evaluation of as yet
unbuilt portions of the development, for conformity with then - existing city zoning
ordinance requirements in relation to then - existing conditions, not sooner than five years
after approval of the preliminary master plan, and at such periodic intervals of not less
than five years thereafter as the commission deems appropriate to ensure conformity.
c. Construction of the development can be accomplished in a manner that does not
create unreasonable negative impacts on the area surrounding the development or in the
city. In order to assure the avoidance or mitigation of negative construction impacts on
the area surrounding the development or in the city, the planning commission may
impose conditions including but not limited to:
i. Requirements that removal of existing landscaping during construction be limited
to areas of the planned unit development to be constructed shortly following removal and
to portions of those areas on which construction will occur;
ii. Prohibitions of open burning on the site during construction;
Page 11 of 15
iii. Prohibitions or limitations on construction track -out;
iv. Restrictions on construction noise; and
v. Restrictions on construction traffic.
d. The development will not create unreasonable negative impacts on the area
surrounding the development or in the city. In order to assure the avoidance or mitigation
of negative impacts, the planning commission may require the filing of restrictions in the
county deed records including but not limited to restrictions:
i. Prohibiting the removal of specified landscaping; and
ii. Prohibiting open burning during construction.
e. Street, water, sewer, drainage and drainage pre- treatment, storm water detention,
and other similar facilities in the area surrounding the development and in the city are or
will be adequate to provide for the health, safety and welfare for the development's
population densities and the type of development proposed, taking into consideration
existing and projected future demands on those facilities.
f. Street, water, sewer, drainage and drainage pre- treatment, storm water detention
and other similar facilities proposed to be constructed as part of the development are
adequate to provide for the health, safety and welfare for the population densities and the
type of development proposed.
g. The proposed number of residential units does not exceed the maximum
permitted number of residential units; and at least fifteen percent of the gross area is
dedicated to landscaping. For purposes of computing area dedicated to landscaping,
dedicated open space and protected resource areas may be treated as area dedicated to
landscaping, but parking areas may not.
2. The planning commission, in approving a preliminary master plan, may attach
conditions it finds are necessary or appropriate to carry out the purposes of this title.
R. Extension of Approved Preliminary Master Plan. Prior to expiration of an
approved preliminary master plan, the planning commission may, on receipt of
an application applying to the as yet unbuilt portions of the development, extend
the expiration date provided that the extension will be consistent with then -
existing city zoning ordinance requirements, in relation to then - existing
conditions. An application for an extension shall be subject to all of the
procedures set out in subsections C through P of this section, including but not
limited to the requirement of a hearing before the planning commission, except
that the application materials required to be submitted shall be only such
materials supplementing the original application as are needed to demonstrate
Page 12 of 15
that an extension will meet the criterion for an extension established by this
subsection.
S. Modification of Approved Preliminary Master Plan. The planning commission
may, on receipt of an application applying to the as yet unbuilt portions of the
development, modify an approved preliminary master plan provided that the
modifications will be consistent with the then - existing city zoning ordinance
requirements, in relation to then - existing conditions. An application for
modifications shall be subject to all of the procedures set out in subsections C
through P of this section, including but not limited to the requirement of a
hearing before the planning commission, except that the application materials
required to be submitted shall be only such materials supplementing the original
application as are needed to identify the proposed modifications and to
demonstrate that the modifications will meet the criterion for modifications
established by this subsection.
T. Procedure Following Expiration of Preliminary Master Plan. If an approved
preliminary master plan expires, whether as to the entire area proposed for
development or as to as yet unbuilt portions of the development, then a complete
new application must be submitted prior to reconsideration. An application for
reconsideration shall be treated as an original application and shall be subject to
all of the procedures set out in subsections C through P of this section, including
but not limited to the requirement of a hearing before the planning commission.
U. Submission of Preliminary Subdivision Plat. If an approved preliminary planned
unit development master plan provides for the subdivision of land within the
planned unit development, then within such period or periods of time as required
by the preliminary planned unit development master plan approval, an applicant
shall file a preliminary subdivision plat for the planned unit development or for
phases of the development, if phasing is permitted. The submittal requirements,
procedures and approval requirements for the preliminary subdivision plat shall
be as set out in City of Rexburg subdivision code.
V. Planning Commission Consideration of Final Master Plan.
1. Following preliminary master plan approval, and prior to issuance of a
development permit and commencement of development, a final master plan must be
submitted to and approved by the planning commission. The final master plan may be
submitted in development phases; provided, that:
a. Each phase can exist as a separate entity capable of independently meeting all
requirements and standards of this section and of the underlying zones in which the PUD
is located; or
b. Prior to the development of any phase that will not exist as such a separate entity
capable of independently meeting the requirements and standards, restrictions
enforceable by the city and in a form approved by the city have been filed in the county
recorder's office, such as conditions, covenants and restrictions. The restrictions shall be
applicable to other areas of the planned unit development not yet proposed for
development, and shall be sufficient to assure that:
Page 13 of 15
i. The area within the phase proposed for development, when combined with the
area not yet proposed for development, as subject to the deed restrictions, can exist as a
combined entity capable of independently meeting the requirements and standards,
ii. The phase has met any applicable re- evaluation requirement imposed during the
preliminary master plan approval process, and
iii. The separate development of phases will not be detrimental to the total
development nor to the adjacent properties in the event the remainder of the development
is not completed.
2. The final master plan must be in sufficient detail to allow the planning
commission to determine whether the final master plan is consistent with the preliminary
master plan and whether the final master plan meets all conditions applicable to the
preliminary master plan. In addition, the final master plan shall include:
a. Detailed landscaping plans showing the type and size of all plant material and its
location, the irrigation system, decorative materials, recreation equipment and special
effects; and the schedule for removal and replanting of vegetation;
b. Detailed water, sewer, drainage and drainage pre- treatment, storm water
detention and street system plans, including:
i. Central line profiles showing finished grades of all streets,
ii. Cross sections of proposed streets showing widths of roadway, curbs, locations
and width of sidewalks and location and size of utility mains,
iii. Profiles of sanitary sewer, street drainage, drainage pre- treatment, storm water
detention and water distribution systems, showing pipe size and location of valves and
fire hydrants, all to conform to city and state standards standards,
iv. The estimated cost of street, sewer, drainage and drainage pre- treatment, storm
water detention, water, and other public infrastructure improvements within the planned
unit development.
3. The planning commission shall approve, or approve with conditions, the final
master plan if the planning commission determines that the plan meets all of the
following criteria. The commission shall disapprove the final master plan if it finds that
the plan, either as submitted or with conditions, does not meet one or more of the
following criteria:
a. The plan is consistent with the preliminary master plan and all conditions
applicable to it;
Page 14 of 15
b. All utility systems and landscaping conform to city and state standards or are
approved by the city engineer; and
c. If the final master plan is for a phase of the total planned unit development, the
criteria for phasing stated in subsection of this section will be met.
N. Requirements Following Final Master Plan Approval.
1. A certified print of the approved final planned unit development master plan shall
be provided by the applicant without charge to the office of the city recorder.
2. Except as provided in subsection Q of this section, proposals to make changes in
the final master plan after it has been approved shall be considered the same as a new
PUD application and shall be permitted only in accordance with all of the procedures set
out in this section, including but not limited to the requirement of a hearing before the
planning commission, except that the application materials required to be submitted shall
be only such materials supplementing the original application as are needed to identify
the proposed changes and to demonstrate that the changed planned unit development will
meet the criteria established by this section.
3. Proposals to make minor changes in the final master plan after it has been
approved may be approved by the Planning Commission or designee. Minor changes
consist only of changes that will not have public visibility and that:
a. Do not increase densities;
b. Do not change boundaries;
Do not change any use, specific or general, described in the final master plan; and
d. Do not change the location or amount of land devoted to specific land uses.
4. A final PUD subdivision plat shall be filed with and approved by the city in
accordance with the final platting requirements of City of Rexburg subdivision code and
recorded with Madison County, within one year of the approval of a final master plan.
One extension of time may be granted, for good cause, by the planning commission if
such extension is authorized by the commission prior to the expiration of the one -year
period, and provided such extension not exceed one additional year. No additional
extensions may be granted. If a final PUD plat is not filed, approved and recorded as
required by this section, then the planned unit development approval shall become void
as of the date the filing requirement no longer can be met.
5. Prior to commencement of development, the developer shall provide to the city
an improvement agreement and financial security instrument as described in the City of
Rexburg subdivision ordinance and shall obtain a development permit.
Page 15 of 15
r-aacc w
E-G41r=
§ 7 -1 TITLE 4 — ZONING CODE § 7 -3
Chapter 7 the responsibility of the applicant to
indicate how special features of the site or
PLANNED UNIT DEVELOPMENT proposed development, justify such
(PUD) OPTION departures.
Sec. 7 -1: PUD Purpose
Sec. 7 -2: PUD Required Findings
Sec. 7 -3: PUD Review - General
Sec. 7 -1. Planned Unit Development
(PUD) Purpose.
In selected instances, departures from
the requirements and allowed uses of the
zoning districts of this Zoning Code may be
made through the Planned Unit
Development (PUD) option. The purpose
of the PUD option is to permit and
encourage innovative, economical and
attractive development which allocates
appropriate areas for improvements, open
space, and recreation; which includes land
uses which harmonize with natural features
and constraints; and which efficiently
phases and locates public and private
services and facilities.
The PUD option can be used for
innovative subdivision of land, and for
development of large parcel under
individual or condominium ownership. It
shall not be used an a mechanism to
sidestep use and density provisions of the
underlying zoning district without
justification, or as a mechanism to deal
with development problems that should be
addressed by securing a variance, Special
Use Permit or Conditional Use Permit.
Where a PUD applicant proposes densities,
uses, lot layout, building setbacks, or other
features that depart from the provisions of
the underlying zoning district, it shall be
Sec. 7 -2. PUD Required Findings.
Prior to approval or recommendation
of approval of any PUD the Planning and
Zoning Commission or Council must find:
A. The proposed development is
consistent with the Comprehensive
Plan.
B. The proposed development is
consistent with the purpose of this
Zoning Code, and that all departures
from the specific provisions of the
underlying zoning district(s) have
been adequately justified in terms of
special features of the site or the
development or mitigating features of
the development.
C. The proposed development is
compatible with existing zoning and
development of the area and will not
have significant adverse impact on the
surrounding properties.
D. The proposed development will not
have significant adverse impacts on
the public infrastructure.
E. The proposed development is
consistent with the public health,
safety, and welfare, and promotes
efficiency and economy in the use of
land and other resources.
F. Uses in the proposed development are
permitted in the underlying zoning
district or are permitted with the PUD
option.
G. Densities in residential development
conform with the provisions of Code
Section 4 -7 -7.
Sec. 7 -3. PUD Review - General
Administration.
A. Application: An application for PUD
approval, including payment of
application fees, shall be made to the
Zoning Administrator of the City.
Four (4) copies of all written and
graphic materials required herein must
Administration
Sec. 7-4:
PUD Preapplication
Workshop
Sec. 7 -5:
Preliminary PUD Review
Sec. 7 -6:
Final PUD Review
Sec. 7 -7:
Residential PUD Density
Sec. 7 -8:
Continuing PUD Review
Sec. 7 -9:
Amendments to PUD Plans
Sec. 7 -10:
Applicability of Other
Regulations
Sec. 7 -1. Planned Unit Development
(PUD) Purpose.
In selected instances, departures from
the requirements and allowed uses of the
zoning districts of this Zoning Code may be
made through the Planned Unit
Development (PUD) option. The purpose
of the PUD option is to permit and
encourage innovative, economical and
attractive development which allocates
appropriate areas for improvements, open
space, and recreation; which includes land
uses which harmonize with natural features
and constraints; and which efficiently
phases and locates public and private
services and facilities.
The PUD option can be used for
innovative subdivision of land, and for
development of large parcel under
individual or condominium ownership. It
shall not be used an a mechanism to
sidestep use and density provisions of the
underlying zoning district without
justification, or as a mechanism to deal
with development problems that should be
addressed by securing a variance, Special
Use Permit or Conditional Use Permit.
Where a PUD applicant proposes densities,
uses, lot layout, building setbacks, or other
features that depart from the provisions of
the underlying zoning district, it shall be
Sec. 7 -2. PUD Required Findings.
Prior to approval or recommendation
of approval of any PUD the Planning and
Zoning Commission or Council must find:
A. The proposed development is
consistent with the Comprehensive
Plan.
B. The proposed development is
consistent with the purpose of this
Zoning Code, and that all departures
from the specific provisions of the
underlying zoning district(s) have
been adequately justified in terms of
special features of the site or the
development or mitigating features of
the development.
C. The proposed development is
compatible with existing zoning and
development of the area and will not
have significant adverse impact on the
surrounding properties.
D. The proposed development will not
have significant adverse impacts on
the public infrastructure.
E. The proposed development is
consistent with the public health,
safety, and welfare, and promotes
efficiency and economy in the use of
land and other resources.
F. Uses in the proposed development are
permitted in the underlying zoning
district or are permitted with the PUD
option.
G. Densities in residential development
conform with the provisions of Code
Section 4 -7 -7.
Sec. 7 -3. PUD Review - General
Administration.
A. Application: An application for PUD
approval, including payment of
application fees, shall be made to the
Zoning Administrator of the City.
Four (4) copies of all written and
graphic materials required herein must
§ 7 -3 TITLE 4 — ZONING CODE § 7 -5
be submitted to the City at least
twenty (20) days prior to a scheduled
PUD workshop and twenty (20) days
prior to a scheduled PUD review
hearing.
B. Staff Review: Copies of all
submissions shall be forwarded to the
City Engineer, Fire Chief, and
Building Official, who may submit
comments or suggestions to the
Planning and Zoning Commission or
Council.
C. Public Hearings: Public hearing
provided for herein shall comply with
the notice and hearing procedures
contained in Idaho Code Section 67-
6509, and Chapter 10 of this Zoning
Code.
D. Stages of PUD Review: Review of a
proposed Planned Unit Development
or of major modifications to an
approved PUD shall consist of three
steps: an initial Preapplication
Workshop, a Preliminary PUD
Review, and Final PUD Review. With
the concurrence of the Zoning
Administrator, an applicant may waive
the Preapplication Workshop, and/or
combine the PUD Review Hearing
with required hearings for associated
subdivision applications or zoning
district changes.
Sec. 7 -4. PUD Preapplication
Workshop.
A preapplication workshop shall be
conducted by the Planning and Zoning
Commission, unless waived by the
applicant with the concurrence of the City.
Notice of the proposed workshop shall be
given in accordance with the hearing
standards of Idaho Code Section 67 -6509.
The purpose of the Preapplication
Workshop is to provide interested parties
with an opportunity to review and comment
on the proposal prior to substantial
planning and design investments.
A. Preapplication Contents: The
information required for conducting a
Preapplication Workshop will depend
on the nature of proposed
development, and on the degree detail
of the development concept available.
Minimum application materials shall
be determined by the Zoning
Administrator, and may include:
1. Written Material:
a. Existing zoning of the parcel
and adjacent parcels.
b. Approximate acreage of the
parcel.
c. Proposed land uses including
number and floor area of proposed
housing units and commercial
structures.
d. A concept statement
describing how the proposed
development departs from the
underlying zoning requirements of the
property, and stating how special
features of the property or the
proposed development make the
development plan both desirable and
compatible with other uses in the area.
2. Graphic Material:
a. Vicinity map.
b. Topographic map of existing
site.
c. Sketch plan of development
concept.
d. Sketch plan of development
phases.
B. Results of Preapplication Workshop:
The Planning and Zoning
Commission's review will be based on
the required findings set forth at Code
Section 4 -7 -2. No formal or informal
action will be taken at the workshop.
After the workshop the developer will
be provided a written list of concerns
to be addressed and supporting
materials to be submitted prior to the
Preliminary Review Hearing.
Sec. 7 -5. Preliminary PUD Review.
A. Preliminary Review of PUD
Application Materials: The material
that must be submitted prior to the
preliminary review will depend on the
nature of the development, and the
§ 7 -5 TITLE 4 — ZONING CODE § 7 -5
degree to which it departs from the
all attached exterior hardware for
allowed uses and development
heating and cooling.
patterns of the underlying zoning
12. A selection of the exterior
district. Minimum required
materials for all buildings.
submissions shall be specified in
13. Development time schedule,
writing by the Commission following
including proposed phasing if
the Preapplication Workshop, or shall
applicable.
be specified by the Zoning
14. If individual lots are to be sold, a
Administrator if the applicant waives
copy of an approved or proposed
his or her right to a Preapplication
subdivision plat.
Workshop. Information required may
15. Lighting and signage proposals.
include:
16. The location(s), area dimensions
1. The topography in sufficient
and screening of garbage dumpster
detail to determine the grades and
areas.
character of the site as they relate to
B. Commission Action: Prior to taking
the improvements in the adjacent area.
action on a preliminary planned unit
2. The location of all thoroughfares
development application, the Planning
and walks, their widths and nature of
and Zoning Commission shall conduct
their improvements, and whether they
at least one public hearing. Following
are to be public or private.
the hearing the Planning and Zoning
3. The location, layout, and
Commission may give approval to the
surfacing of all off - street parking
application, approval subject to
areas.
required modifications or conditions,
4. Property boundary lines.
or may deny the application.
5. The individual lot lines of each
C. Appeals to the Council: The decision
parcel that is to be created for separate
of the Planning and Zoning
ownership.
Commission may be appealed to the
6. The location of easements for
Council within fourteen (14) days of
water lines, fire hydrants, sewer and
adoption of findings of fact by the
storm sewer lines, and other utilities.
applicant, by any person affected by
7. Landscaping and tree planting
the proposal, or by any member of the
plans with the location of existing
Council. The provisions of Code
trees and shrubs which are to be
Section 4 -8 -6, other than the time
retained.
period for filing appeals, shall apply to
8. Common open spaces, and the
appeals to the Council of decisions by
particular uses intended for them.
the Planning and Zoning Commission
9. Areas to be conveyed, dedicated,
on preliminary PUD applications.
reserved or used for parks,
D. Duration of Validity of Preliminary
playgrounds or any other public use.
PUD Approval: Approval of a
10. A plan showing the location and
preliminary PUD proposal shall expire
intended use, and number of dwelling
twelve (12) months after the date of
units in each existing or proposed
approval unless final PUD approval
building or structure.
has been obtained prior to such time.
11. Elevation drawings of all typical
Provisional applications for which
proposed structures except single-
approval has expired may be
family, detached housing which meet
resubmitted for consideration and
the yard requirements of the
action by the Planning and Zoning
underlying zoning district. The
Commission following the same
drawings shall be to scale and include
procedures as for an original
submission.
§ 7 -6 TITLE 4 — ZONING CODE § 7 -7
Sec. 7 -6. Final PUD Review.
The final process is intended to give
the Planning and Zoning Commission and
the Zoning Administrator an opportunity to
determine whether the proposed
development conforms to the intent of the
preliminary approvals. The applicant is
required to detail any proposed
development agreements, condominium
agreements, deed restrictions, or other
commitments needed to assure adherence
to the proposed development plan, and to
provide final plans indicating how
conditions or modifications imposed at
preliminary approval will be met.
If the final proposal is substantially
unchanged from the application as given
preliminary approval earlier, and if it
adequately incorporates all required
conditions or modifications, it may be acted
on by majority vote as a regular agenda
item at a regularly scheduled meeting of the
Planning and Zoning Commission. The
Planning and Zoning Commission may
grant final approval, may grant final
approval with minor modifications or
conditions, or may deny the application.
If the proposal before the Planning and
Zoning Commission differs significantly
from the proposal discussed at earlier
public hearings beyond those changes
required as conditions of the preliminary
approval, or if conditions or modifications
are contemplated which differ significantly
from those presented at earlier hearings,
then a new public hearing must be
conducted by the Planning and Zoning
Commission prior to project approval.
Prior to final approval the applicant
must submit any material listed in Code
Section 4- 7 -5(A) above, which has not
been previously submitted, plus:
A. Evidence of clear title to any lands to
be conveyed or reserved for parks,
scenic ways, playgrounds, schools,
public buildings, or other public
purposes.
B. Final plans for location of water,
sewer, drainage and all other utilities,
and plans for street improvements and
grading.
C. A final phasing plan.
Appeals to the Council: The actions
of the Planning and Zoning Commission
may be appealed to the Council within
fourteen (14) days by the developer, by an
affected person, or by a member of the
Council. As a regular agenda item at a
regularly scheduled meeting the Council
may uphold or reverse the actions of the
Planning and Zoning Commission, may
approve the application with minor
modifications or conditions, or may refer
the application back to the Planning and
Zoning Commission with instructions for
further action.
Sec. 7 -7. Residential PUD Density.
The residential density of a PUD shall
not exceed the density established by this
section. The permitted number of dwelling
units shall be the sum of the base density
and any bonus density multiplied by the
total acreage of the PUD, including any
area dedicated to the public within the PUD
and including fifty percent (50 %) of any
street right -of -way adjacent to the PUD site
(fractional units are not permitted).
A. Base Density: The base density for
zoning districts shall be as follows:
Base Density By Zoning District.
AF
0.10 dwelling units /acre
FR
0.29 dwelling units /acre
SR
0.9 dwelling units /acre
R -1
3.5 dwelling units /acre
R -2
4.8 dwelling units /acre
R -3
9.5 dwelling units /acre
R -4
41.0 dwelling units /acre
MB
41.0 dwelling units /acre
Any lot upon which a detached single
family dwelling is proposed shall not
have a lot size limitation, except as
required for purposes of the adopted
City Building Code or as limited by
the overall density permitted by the
underlying zoning district in addition
§ 7 -7 TITLE 4 — ZONING CODE § 7 -8
to bonuses achieved through the PUD
process regulations for the underlying
zoning district, or as imposed by the
Planning and Zoning Commission as a
condition of PUD approval.
(Ord. 2006 -10, 07/18/06)
B. Bonus Percentage: The permitted
residential density for a PUD is the
base density plus a bonus percentage
of the base density. The maximum
bonus shall be fifteen percent (15 %)
of the base density. Bonuses may be
awarded to proposed PUDs if they are
found to conform to one or more of
the following:
1. Provision of Common Open
Space.
Common open spaces may be
provided in the form of natural areas,
wetlands, playgrounds, active or
passive recreational areas, and similar
areas in common ownership. A five
percent bonus shall be awarded if
more than ten percent (10 %) of the
project area is dedicated for common
open space.
2. Maintenance of Existing Land
Contours.
Bonuses are awarded for lack of
major alterations to the site such as
excavations, retaining walls, steep
road cuts, cut and fill techniques,
extensive grading, and removal of
natural vegetative cover. (Lands
which already have been significantly
graded or natural vegetation removed
are not eligible for bonuses under this
provision.) Bonuses will be awarded
by the Planning and Zoning
Commission on the basis of the level
of site disturbance. The Planning and
Zoning Commission will consider
whether there is minimal or slight
disturbance; no excavation other than
for foundations; streets follow
contours of the land; and no or very
minor removal of natural vegetation
and grading. Up to a five percent
bonus may be awarded.
3. Provision of Major Recreational
Facilities.
Bonuses may be awarded for the
provision of major recreational
facilities such as tennis courts,
swimming pools, playgrounds, or
similar facilities. For each one percent
(1 %) of total project cost devoted to
recreational facilities, a two percent
(2 %) bonus will be awarded, with a
maximum of a three percent (3 %)
bonus.
4. Compliance with Aesthetic
Design Guidelines.
The Council may adopt other
PUD design guidelines with bonus
point provisions. The maximum
bonus under this category will be three
percent (3 %).
5. Solar Access.
A maximum five percent (5 %)
bonus may be awarded by the
Planning and Zoning Commission if it
finds that the applicant has made a
concerted effort to maximize solar
access to all dwellings.
6. Landscaping Plan.
A maximum three percent (3 %)
bonus may be awarded by the
Planning and Zoning Commission if it
finds that the landscaping plan
submitted as part of the proposal
would provide excellent landscaping
for the PUD and the neighborhood.
(Ord. 2006 -10, 07/18/06)
Sec. 7 -8. Continuing PUD Review.
A. Building permits shall not be issued
except for buildings or structures
which conform with approved PUD
plans.
B. The final approval of a PUD may
include provisions for continuing
review:
1. A time schedule for development
or phasing. Failure to comply with
any such schedule shall automatically
render any prior approval null and
void.
§ 7 -8 TITLE 4 — ZONING CODE § 7 -10
2. Development agreements,
restrictions on deeds, or other
contractual provisions.
Sec. 7 -9. Amendments to PUD Plans.
Upon application for an amendment to
an approved or constructed PUD, the
Zoning Administrator shall make an initial
determination whether the amendment
constitutes a major or minor change in the
PUD plan. The Zoning Administrator shall
consider the intent and purposes of the
Zoning Code and the purpose of the
following procedures in reaching this
decision.
A. Minor PUD Amendment Procedure:
An amendment to a PUD may be
approved by the Council without a
public hearing, following
recommendation by the Planning and
Zoning Commission. To approve a
minor amendment the Planning and
Zoning Commission shall recommend
and the Council must make the
following findings:
1. The proposed amendment does
not alter the proposed enclosed square
footage more than one percent (1 %) or
alter the unit count of the approved
PUD plan.
2. The proposed amendment does
not change the permitted uses.
3. The proposed amendment does
not change the bulk or clustering of
buildings or the visual impact of the
development.
4. The proposed amendment does
not change the location of uses, or the
layout of streets, trails, or pathways,
except for minor adjustments within
areas approved for development or
within anticipated rights -of -way.
5. The proposed amendment does
not change the environmental impact
of the development.
6. The proposed amendment is
consistent with the public health,
safety, and welfare.
7. The proposed amendment does
not reduce the factors justifying any
density bonuses granted.
B. Major PUD Amendments:
Amendments judged to be major by
the Zoning Administrator shall be
reviewed and action taken using the
same procedures as herein set forth for
original PUD applications.
Sec. 7 -10: Applicability of Other
Regulations.
Unless otherwise finally approved
under PUD procedures, a PUD shall
conform to all requirements set forth
elsewhere in this Zoning Code, expressly
including, but not limited to, building
height limitations, yard requirements on the
perimeter of the PUD, parking
requirements, and signage limitations.
Unless a variation is specifically approved
through the PUD process, PUDs must
comply with all provisions of any
applicable subdivision regulation and all
other applicable regulations and standards.