HomeMy WebLinkAbout04.10 PUD
City of Rexburg Development Code: PUD
SECTION 4.10: PLANNED UNIT DEVELOPMENT (PUD)
*All Zoning Standards apply. All Residential Standards apply.
(See 3.01-3.06) *(See 4.0)
4.10.010. Purpose and Objectives
4.10.020. Applicability
4.10.030. Variations to Underlying Zone Permitted
4.10.050. Minimum Area
4.10.060. Lot Density
4.10.070. Standards
4.10.080. Common Open Space
4.10.090. Landscaping Per Unit
PROCESS
4.10.100. Pre-Application Conference
4.10.110. Preliminary Master Plan Application
4.10.120. Determine if Preliminary Plan is Complete
4.10.130. Review of Complete Preliminary Master Plan
4.10.140. Planning & Zoning Commission
4.10.150. Commission & City Council Consideration of Master Plan
4.10.160. Submission of Preliminary Subdivision Plat
4.10.170. Changes of Approved Preliminary Master Plan
4.10.180. Procedure Following Expiration of Preliminary Master Plan
4.10.190. Final Master Plan
4.10.200. Final Master Plan Approval
4.10.210. Requirements Following Master Plan Approval
4.10.220. Density Bonus Points
4.10.010. Purpose and Objectives
The purpose of this section is to allow planned unit developments with several compatible land uses. These land
uses will be compatible with residential zones in a single subdivision to allow a more flexible approach to land
development than that normally accomplished through the subdivision and zoning ordinances of the city.
4.10.020. Applicability
a. Low-Density Medium-Density Residential Zones
Planned Unit Developments are only allowed in and.
b. Apply Zoning Permitted Uses.
The planned unit development approach 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, unless otherwise stated in this ordinance, other than zero lot line clustering .
Exception:
1. Up to ten (10%) percent 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; and a
minimum of fifty (50%) percent of the residential development occurs prior to the development of the
related commercial or industrial uses, provided that there is a favorable finding by the Commission the
uses are:
a) Appropriate with the residential uses;
b) Intended to serve principally the residents of the PUD;
c) An integral part of the PUD;
Direct Access Roads.
d) Located and so designed as to provide direct access to a collector or an
arterial street without creating congestion or traffic hazards;
4.10.030. Variations to Underlying Zone Permitted
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
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plan or approved supporting documents and do not contradict 4.10.020.
4.10.040. Minimum Area
a.
A PUD for the following principal uses shall contain an area not less than:
1. Two (2) acres for residential development.
2. Two (2) acres for residential use with subordinate commercial or industrial uses.
3. Ten (10) acres for commercial use.
4. Ten (10) acres for industrial use.
4.10.050. Lot Density
Developable Land.
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.
a. Subtracted Land.
Land devoted to Rexburg dedicated street usage in PUD subdivisions shall not be
considered developable acreage and must be subtracted out of the total acreage used to determine density,
as well as areas designated for the use of churches, schools, and public buildings.
b. 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 5,000 square feet
LDR3 1 Unit per 4,000 square feet
MDR1 1 Unit per 2,723 square feet
MDR2 1 Unit per 1,815 square feet
c. Density Bonus Points.
Increased densities may be considered based on design upgrades. (See 4.10.220.)
4.10.060. Standards.
a. Planning and Building Design.
The planned unit development approach shall provide more desirable
environments through creative site planning and building design, to create greater diversification between
buildings and open spaces, conserve land and natural resources, and minimize development costs.
b. Scope of Plan
. A plan for the development of a planned unit development shall cover the entire area
proposed for development. If the project is to be done in phases, no remnant parcels shall be created.
c. Open Space.
Areas not proposed for development shall be designated as “open space” and shall conform
to minimum landscaping requirements of this chapter.
d. Natural Features.
Developments shall be designed to 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 of large shrubs or trees.
e. Single Ownership or Control.
Unless agreed upon by the Planning and Zoning Commission, 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.
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d. Utilities.
All utilities shall be placed underground, including telephone, electrical, and television cables.
1. Dwelling units under separate ownership shall have separate utility metering, unless otherwise
approved by the Building Department.
e. Streets and Right-of-way.
Development proposal shall adhere to currently adopted street and right-of-way
cross section standards.
f. Compatibility Standards
(See 3.02.120.)
Refuse Bins.
1.
Materials.
a) Refuse bins shall be stored in screened enclosures which are architecturally
compatible in style and materials with the character of the development.
Location.
b) Bins shall be located so they are not visible from outside circulation routes, and so they
do not restrict vehicular movement or parking.
Glare Reduction.
2. Exterior lighting shall be designed such that the light source will be sufficiently
obscured to prevent excessive glare into any residential area.
4.10.070. Common Open Space.
a. Required Common Open Space.
A minimum of ten (10%) percent 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 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.
c. Trails.
Public utility and similar easements or 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.
d. Maintenance.
The responsibility of the maintenance of all open space shall be specified by the developer
before approval of the final master plan.
e. Clustering.
Property developed under the PUD approach should be designed to abut common open space
or similar areas. (See 4.10.070.a.).
f. 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 thirty-five (35%) percent of
the required open green space.
g. 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.
4.10.080. Landscaping 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.
a. Placement.
Deciduous Trees.
1. The placement and types of deciduous trees shall take into consideration use of the
trees for summer cooling and winter solar access.
Evergreen Trees.
2. Evergreen trees should be used as windbreaks, screening and accent plantings.
Water Conservation.
3. The majority of new plant material used for landscaping the development
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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 watering. Native plants
are preferred.
Low Volume System.
a) 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.
b. Minimum.
A minimum of three (3), one and one-half (1½”) inch caliper deciduous trees or four (4’) feet
tall evergreen trees, and four (4) 5-gallon shrubs shall be planted for each lot in a PUD subdivision, as well
as building foundation planting of appropriate shrubs, flowers, or ground covers.
c. Multi-family.
Multiple family PUDs shall provide a minimum of one (1) deciduous or evergreen tree per
two (2) units and two (2) 5-gallon shrubs per unit.
d. Landscape Plan.
Applicant may provide a landscape plan that varies from these requirements to the
Planning and Zoning Commission for approval as meeting the “spirit” of the requirements.
e. Design Theme.
Landscaping in the park strip in the street right-of-way shall have a unified design theme
in PUD subdivisions.
PROCESS
4.10.090. Pre-Application Meeting
(Prior to filing an application.) The Applicant shall review the Preliminary Master Plan with the Planning and
Zoning Commission, one person from the City Council, and the Mayor or designated representative at a pre-
application conference.
a. Purpose
1. To inform the city of the nature of a likely PUD application at an early date
2. To provide the potential applicant with information on what will be needed to make an application
complete.
4.10.100 Preliminary Master Plan Application
Following a pre-application meeting, an applicant shall submit a Preliminary Master Plan to the City for review.
a. Large Parcel with Multiple Landowners.
If large parcels of land are sold to multiple parties, the land
needs to be master planned.
b. Subdivision.
If a proposed subdivision is part of a larger area intended for development, a Development
Master Plan of the entire area is required.
c. Drawing.
The preliminary master plan must include a drawing showing the layout of the proposed planned
unit development. The drawing must contain the following information:
Name of Development.
1. Proposed name of the planned unit development;
Date, north point and scale of drawing;
2.
Label.
3. Appropriate identification clearly stating that the drawing is a preliminary Planned Unit
Development Master Plan;
Location.
4. Location of the planned unit development by section, township and range;
Legal Description.
5. A legal description sufficient to define the location and boundaries of the
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proposed planned unit development tract;
Real Estate Description.
6. The tract designation or other description according to the real estate
records of the county assessor;
Vicinity Map.
7. A vicinity sketch map at a scale of one (1”) inch equals four hundred (400’) feet
showing adjacent property boundaries and land uses;
Adjacent Property Owners.
8. Names and addresses of legal owners of properties within five hundred
(500’) feet of the tentative planned unit development boundaries, excluding streets. (The City is able to
provide this information if needed.)
Existing and Proposed Streets and Public Ways.
9. Location, widths and names of all existing streets
or other public ways within or abutting the planned unit development;
a) Proposed streets, including location, widths and approximate radii or curves;
b) Approximate locations and anticipated grades of all streets;
c) 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;
Easements Existing and Proposed.
10. Location of existing and proposed easements on the site or
abutting property.
a) Show the width and purpose of each easement;
b) Approximate plan of proposed sanitary sewers, storm drains, storm water detention and drainage
pre-treatment facilities and the water distribution system;
Proposed Housing.
11.
a) Types of proposed housing within PUD;
b) Approximate location or locations proposed for each type of housing;
c) Housing density proposed at each location;
d) An approximate tabulation of all dwelling units by type;
Maximum potential number of residential units
e) , calculated as follows:
1) Determine Residential Development Area: Subtract gross area and any area allocated for
churches, schools and public buildings.
2) Divide residential development area (excluding public and private streets and areas with
slopes of thirty (30%) percent or greater) by the minimum residential lot size permitted in the
underlying zone. This is the maximum potential number of residential units without
incorporating any density bonuses;
Public Spaces.
12. Sites, if any, allocated for churches, parks, schools, playgrounds, public buildings, and
open space.
Area Coverage.
13. Area coverage of existing and proposed structures, lots, streets or other development.
Topography.
14. Contour lines having the following minimum intervals:
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a) Two (2’) feet contour intervals for ground slopes less than ten (10%) percent; and
b) Five (5’) feet contour intervals for ground slopes ten (10%) percent or greater.
c) Contours shall be based on contour maps provided by the City or other data approved by the City
Engineer.
d) Location of at least one (1) 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).
15. Detailed water, sewer, drainage and drainage pre-treatment, storm-water detention, and street system
plans including:
a) Central line profiles showing finished grades of all streets;
b) Cross sections of proposed streets showing widths of roadway, curbs, locations and widths of
sidewalks, and location and size of utility mains;
c) 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.
d) 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.
d. Supplementary Submittals.
The following information supplements the Preliminary Master Plan and can
be submitted in separate statements accompanying the preliminary master plan drawing:
Landscape Plan.
1. A detailed landscaping plan 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. The plan shall include both areas to retain
undisturbed their natural vegetation and areas to be re-landscaped. (See 4.10.080. Landscaping Per
Unit.)
a)At least twenty (20%) 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.
Water Courses and Natural Features.
b)
1) 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 (8”) inches (approximately twenty-five
inches in circumference) or more measured at a point fifty-four (54”) inches above the base of
the trunk on the uphill side.
2) 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.
2. Deed Restrictions, Conditions, and Covenants.
Proposed restrictions to be filed in the county deed
records, in outline form, such as deed restrictions, conditions, covenants and restrictions, and home
owners’ association agreements. The outline restrictions shall identify:
a.
The time at which the restrictions will be filed in the county deed records;
b.
Generally, who will have authority to enforce the restrictions;
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c.
Specifically, which restrictions, if any, are proposed to be enforceable by the City;
d.
The time at which the restrictions will become enforceable; and
e.
Which restrictions, if any, will not be subject to amendment without the consent of the City.
e. Dedications.
A general description of property intended to be dedicated to the City or public, other than
street right-of-ways, including proposed dedication restrictions.
f. Narrative description.
A narrative description of the planned unit development and the manner in which
it meets the purpose set out in subsection 4.10.010 of this section.
g. Ownership.
A statement describing the present and proposed ownership.
h. Phase Plan.
A statement whether the applicant proposes to submit the final master plan for review as a
single master plan or in phases. The statement shall include the following:
1. Date or dates by which the applicant proposes to submit the final master plan or final master plan
phases for review;
2. Date or dates by which the applicant anticipates that the development and related improvements or
each phase thereof will be substantially completed.
4.10.110. Determination that Preliminary Master Plan is Complete
Following submission or resubmission of a preliminary master plan, the Zoning Administrator or designee shall
determine whether the plan is complete pursuant to the submittal requirements of 4.10.100 Preliminary Master Plan
Applicationof this Section.
a.
The determination of the Zoning Administrator or designee shall be in writing (including email). If the
application is determined to be incomplete, the Zoning Administrator or designee shall provide the
applicant with a description of the additional materials required to make the application complete.
4.10.120. Review of Complete Preliminary Master Plan
The Zoning Administrator or designee 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 and Zoning Commission
.
the comments of the committee members and of those governmental units and agencies that submit comments
4.10.140. Planning and Zoning Commission
a. Authority.
Commission.
1. The Planning and Zoning Commission shall review the plan and comments in public
hearings andmake a recommendation to the City Council to either approve, approve with conditions,
or disapprove of the preliminary master plan, planned unit developments in any residential or
commercial zone, or any combination of them, subject to the provisions of this section.
City Council.
2. The City Council 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 provisions of this section.
b. Conditions.
The Planning and Zoning Commission, in recommending, and the Council in approving a
preliminary master plan, may attach conditions it finds are necessary or appropriate to carry out the
purposes of this Title.
c.
The Planning and Zoning Commission shall state its decision and its reasons in writing.
4.10.150. Commission and City Council Consideration of Master Plan
The Commission shall recommend the plan to the City Council if it finds that the plan meets all of the following
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criteria.
a. Comprehensive Plan.
The proposed planned unit development is in compliance with the City’s
Comprehensive Plan and will be substantially compatible with existing development in the surrounding
area.
b. Adjacent Land.
The undeveloped land in the surrounding area can be developed in a manner substantially
compatible with the proposed planned unit development (PUD).
c. Densities.
Where a PUD is located over more than one zone, the plan is allowed to have a weighted
balance of the densities for each zone (including density bonuses).
d. Buffers.
Like zoning buffers should be provided at borders of other properties not included in the PUD.
Example: if a PUD was created that consisted of a LDR3 zone and a MDR2 zone, then six-plex housing
units should not be placed directly adjacent to the adjoining LDR3 zone. A buffer of twin homes (allowed
in LDR3) or open space should be used as a buffer. Rear yards of six-plex units might be considered as
sufficient buffering if fenced and landscaped with trees.
e. Time Schedule.
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.
f. Expiration Date.
In order to ensure that the development will be compatible with land use patterns and
requirements of the City at the time of approval of a final master plan, the Planning and Zoning
Commission shall recommend and the Council shall establish an expiration date for:
1. Preliminary Master Plan approval, not sooner than two years after approval of the preliminary master
plan.
2. 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.
3. Or may impose conditions requiring Commission and Council 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 (5) years after approval of the preliminary master plan,
and at such periodic intervals of not less than five (5) years thereafter as the Commission and Council
deem appropriate to ensure conformity.
g. Negative Impacts.
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 and Zoning Commission and Council may impose conditions including but not
limited to:
1. 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;
2. Prohibitions of open burning on the site during construction;
3. Restrictions on construction noise; and
4. Restrictions on construction traffic.
5. In order to assure the avoidance or mitigation of negative impacts, the Planning and Zoning
Commission may require the filing of restrictions in the county deed records including but not limited
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to restrictions:
a) Prohibiting the removal of specified landscaping; and
b) Prohibiting open burning during construction.
h. Public Utilities.
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.
i.Density.
The proposed number of residential units does not exceed the maximum permitted number of
residential units.
j. Landscaping.
At least twenty (20%) percent of the gross area is dedicated to landscaping.
1. 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.
4.10.160. Changes of Approved Preliminary Master Plan
a. Extension of Approved Preliminary Master Plan.
Prior to expiration of an approved Preliminary Master
Plan, the Planning and Zoning Commission may recommend and the Council 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.
b. Modification of Approved Preliminary Master Plan.
The Planning and Zoning Commission may
recommend, and the Council may, on receipt of an application applying to the as yet unbuilt portions of the
development, approve a modification to 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.
“Spirit” of Master Plan.
1. If the modification as determined by the Zoning Administrator or designee
is deemed to be “in the spirit” of the original Master Plan, then a request to the Planning and Zoning
Commission is not required.
c. Extension or Modification Procedures & Submittals.
Extensions or modifications of an approved
Preliminary Master Plan shall be subject to all of the procedures set out in the subsections of this section,
including but not limited to the requirement of a hearing before the Planning and Zoning Commission, and
consideration by the City Council, except that the application materials required to be submitted shall be
only such materials supplementing the original application as are needed to demonstrate that an extension
or modification will meet the criterion established by this subsection.
4.10.170. 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 of this Section, including but not limited to the requirement of a hearing before the Planning and Zoning
Commission and consideration by the City Council.
4.10.180. Final Master Plan
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 City Staff.
a. Phases.
The Final Master Plan may be submitted in development phases; provided, that:
1. Each phase can exist as a separate entity capable of independently meeting all requirements and
standards of this section and the underlying zones in which the PUD is located; or
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2. Prior to the development of any phase that will not exist as 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.
a) 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:
1) 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,
2) The phase has met any applicable re-evaluation requirement imposed during the preliminary
master plan approval process, and
3) 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.
b.Consistent with Preliminary Master Plan.
The final master plan must be in sufficient detail to allow the
City Staff 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.
4.10.190. Final Master Plan Approval
City Staff shall approve, or approve with conditions, the Final Master Plan if it is determined that the plan meets all
of the following criteria:
a.
The plan is consistent with the Preliminary Master Plan and all conditions applicable to it;
b.
All utility systems and landscaping conform to city and state standards or are approved by the City
Engineer;
c.
If the Final Master Plan is for a phase of the total planned unit development, the criteria for phasing stated
in 4.10.180.a. will be met.
4.10.200. Requirements Following Master Plan Approval
Upon approval, the development shall be strictly in accordance with the plan.
a. Certified Print to City Recorder.
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.
b. Major Changes.
Except as provided in 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.
1. The application materials required to be submitted shall be only the materials to supplement the
original application to identify the proposed changes and to demonstrate that the changed planned unit
development will meet the criteria established by this Section.
c. Minor Changes
. Proposals to make minor changes in the Final Master Plan after it has been approved
may be approved by the Planning and Zoning Commission or designee.
Minor Definition.
1. Minor changes consist only of changes that will not have public visibility and that
do not increase densities, do not change boundaries, do not change any uses, and do not change the
location or amount of land devoted to specific land uses.
d. Record with Madison County.
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.
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Extension.
1. One extension of time may be granted, for good cause, by the Planning and Zoning
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.
Void.
2. One year after the approval of the Final Master Plan, if a final PUD 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.
e. Development Agreement, Financial Security, & Development Permit.
Prior to commencement of
development, the developer shall provide to the city (as required by the City Engineer) an improvement or
Development Agreement and financial security instrument as described in the City of Rexburg Subdivision
Ordinance and shall obtain a building permit.
4.10.210. 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.
4.10.220. Density Bonuses
Density in excess of the base density for the underlying zone may be considered for projects which comply with the
bonus density design requirements.
a.
The amount of density bonuses shall be determined by the type of bonus density design requirements
incorporated in the development proposal.
b.
In no case shall the density bonus exceed the maximum density (per net 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 8.71 Units/NDA 10.89 Units/NDA
LDR3 10.89 Units/NDA 13.20 Units/NDA
MDR1 16.00 Units/NDA 22.00 Units/NDA
MDR2 20.00 Units/NDA 26.0 nits/NDA
c. Density Bonus Calculation.
For applicants requesting a density greater than the base density, the Planning
and Zoning Commission and City Council shall determine whether the applicant has complied with the
necessary design components as provided in this Section and shall assign density points as applicable.
1. 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 LDR1 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.)
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a) The density coefficient for each underlying zone and the total amount of points needed for the
maximum density are listed below:
ZONE DENSITY MAXIMUM
COEFFICIENT DENSITY POINTS
LDR1 .0121
LDR2 .0218
LDR3 .0231 100
MDR1 .06
MDR2 .06
d. Density Bonus Design Requirements.
If greater density is requested above the base density, a PUD
development shall comply with one or more of the following bonus density design requirements depending
upon the desired density increase:
1. The Planning and Zoning 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.
2. In order to receive a density bonus, the development shall have received bonus density points from at
least one (1) design component in each of the following categories: energy efficiency, building design,
design theme, parking areas, recreational amenities, landscaping and open green space.
3. A design component cannot be used to obtain points in more than one category.
4. The density bonus design requirements are as follows:
Energy Efficiency
a)
Insulation.
1) All dwellings and main buildings shall have wall and ceiling insulation that
exceeds the requirements of the International Energy Conservation Code (IECC). Exceeding
the requirements for doors and window energy efficiency can also be taken in consideration
for density bonus. (Up to 10 points)
Solar Design.
2) All dwellings are designed with an active or passive solar feature. The solar
feature shall be a solar water heater, 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 and Zoning 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)
LEED.
3) Development achieves a Leadership in Energy and Environmental Design (LEED)
certification for Neighborhood Development through the U.S. Green Building Council
(USGBC). (Up to 40 points)
Building Design.
b)
Materials.
1) All facades of each dwelling structure, exclusive of windows or doors, are 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 cementious hardboard (for horizontal
siding) and faux stone (for real stone) will be considered on a case by case basis. (Up to 20
points)
Roof Materials.
2) Roof materials should also be appropriate to the style. All roofs of main
buildings are clad with wood shingles, tile, high profile asphalt shingles or slate shingles.
Other high quality products may be considered on a case by case basis. (Up to 15 points)
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Design Theme
c)
Installed Landscaping.
1) Landscaping is designed and installed along all streets of the
development according to a theme which provides units and interest. (Up to 20 points)
Theme Lighting.
2) Theme lighting is used throughout the development for street lighting,
lighting of walkways, parking areas, entrances and building exteriors. (Up to 15 points)
Fencing.
3) 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 10
points)
Special Features.
4) 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)
Shared Theme.
5) Wide range of housing (e.g. apartments, condos, medium density, low
density, and mixed use) share an architectural and landscaped theme. (Up to 20 points).
Parking Areas
d)
Screening.
1) Parking lots of twenty (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)
Landscaped Islands.
2) Parking lots of twenty (20) or more stalls or a continuous row of
parking over ninety (90’) feet in length has a landscaped island(s) which provides landscaping
at a ratio of (1:13) 1 square foot of landscaping per 13 square feet of hard surface. (Up to 15
points)
Shade Trees.
3) Areas with five (5) or more uncovered parking stalls are designed to include, at
a minimum, two (2”) inch caliper trees located in such a manner as to shade fifty (50%)
percent of the parking area upon maturation of the trees. (Up to 15 points)
Permeable Surfaces.
4) Surfaces for parking and maneuvering other than the public right-of-
way using materials such as grasscrete, or similar are utilized in appropriate locations.
Material and installation details must be reviewed and approved by the City Engineer. (Up to
15 points)
Parking Area Location.
5) Locate all off-street parking at the side or rear of buildings, leaving
building frontages and streetscapes free of parking facilities. (Up to 10 points)
Bicycle Parking.
6) For any non-residential buildings or multi-family, residential buildings that
are part of the proposal, provide bicycle parking spaces, equivalent to ten (10%) percent of the
total automobile parking on site.
i. Bicycle parking must be within fifty (50’) feet of the entrance to the building that it
services. (Up to 10 points)
ii. Sheltered bicycle parking. (Up to 20 points)
Recreational Amenities
e)
Active Recreation.
1) 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 and Zoning
Commission.
i. The Planning and Zoning Commission may determine the points based on the cost of the
amenity, its benefit to the residents of the development, its size, and the number of
amenities in the development. (Between 5 to 35 points)
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Common Building or Facilities.
2) Development of a common building which shall be used for
meetings, indoor recreation, day care, or other common uses as approved by the Planning and
Zoning Commission. RV parking facilities may also be considered with this design feature.
(Up to 20 points)
Park Dedication.
3) Dedication of land for public park, public access along a stream, or public
access along a planned trail.
i. 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)
Construction of Trail or Park.
4) Construction according to city standards of trail or park
which has been dedicated to the City according to item number (3i.) above. (Trail 15 points,
public park 40 points)
Riparian Areas.
5) Riparian areas along rivers and streams are preserved with natural and
native landscaping to encourage continued use of these areas as wildlife corridors.
(Up to 15 points)
Landscaping
f)
Extra Trees.
1) Design and planting more than the minimum number of trees, shrubs, and
perennials per dwelling unit in the development. (Up to 20 points)
Soften Fence Appearance.
2) Areas which are to be screened use a solid non-see-through vinyl
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)
Open Green Space
g)
Designed Plan.
1) Open green space is designed (not leftover space between buildings) and
flows uninterrupted through the entire development linking dwellings and recreation
amenities. (Up to 25 points)
Multiple Use.
2) 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, and 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)
Native Plants.
3) Native plants are used for common open space elements. (Up to 15 points)
Drought Tolerant Plants.
4) Drought tolerant plants are used for common open space elements.
(Up to 10 points)
Public Streets.
h) All streets within the development (except the streets required by the City to be
dedicated) are open to public use, but privately maintained. (Up to 25 points)
Housing.
i) Mixed housing types, (e.g. apartments, condos, medium density, low density, and mixed
use) are incorporated in the development with the intent to allow aging in place and appropriate
mixes of socioeconomic groups. (Up to 40 points)
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