HomeMy WebLinkAboutPUD JULY 2ND - 07-00173 - PUD Ordinance AdditionPlanned unit development (PUD)
A. Fumose. It is the purpose of this section to allow residential planned unit
developments in several residential zones to allow a more flexible approach to hand
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 Manning and buildiong
designs; to male possible greater diversficat'on between buildings and open spaces; and
to conserve land and natural resources and minimize development costs. The planned unit
devetopment approach, however, is not intended to allow uses on land within a planned
unit development other than uses permitted within the zone t
haL is applicable to the land,,
unless otherwise stated in this ordinance.
B. Plannin
Commission and Cl*
shall make a reeommencation to the cit
Council Authority. The planning commission
Council to either approve,
approve with conditions, or disapprove planned unci developments �n any residential or
commercial zone, or any combinati�on, of them, subject �o the provisions of this section.
The ��t� �, ,.. .
disa
council shad have the authnri
rave -planned unit develo
to ai)
rove:..
merits in an
combination of them, subject tat eh
rove with conditions. or
residential or commercial _zone, or an
rovisions of this section.
C. Pre -Application Conference. Prior to filing an application fog a planned snit
development, the applicant shall xeview the preliminary master plan with the
Planning and honing Commission and City Council or designated representative
at apse-application conference. The purpose of the pre -application conference i's
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 j)enn i tted. A11 uses that are permitted within the underlying zoning, also, up
to ten percent (1Q%) of grass lard area may be directed to other commercial,
industrial, public and uasi-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 serge principally the residents of the PUD;
c. That the uses are panned 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.
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E. Minimum Area. A PUD dor the following principal uses shall contain an area not
less than;
F.
M.-
a. Three (3) acres for residential development.
b. Five (5) acres for residential use with subordinate commercial or industrial
uses.
cTen (10) acres for commercial use.
d. Ten (10) acres For industrial use.
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Variations to Underlying,zone Permitted.
a. Upon combining the PUD zone with an appropriate existing zone,
variations from the developlment 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 mases allowed by the
zone with which the PUD zone has been combined, except to the extent sit
forth herein.
i. Base Density. The maxIF
imum number of residential units allowed
per developable acre in a PUD which meets only the minimum
development requirements of this Chapter shall be ealculated using
the Loi Area -Per Dwelling Requirement of the underlying zone:
b. 'Notwithstand4
ing the foregom
ng provision, in no event shall the number of
residential units exceed the number of units per developablcrein the
PUD that could be achieved, without a. density bonus, by conventional
development of the propeirtyin the zone with which the PUS] is proposed
to be applied. Such maximum number of residential units shall be A
reasonably determined by the Planning Commission using development
criieria and ordinance requirements applicable to the zone which the PSD
Densit Deierm,ination. Densitvi"n PUD shall he determinpd 1,v „C;n +bA
ane use 01 churches, schools, and public, buildinE4S.-.
H.
Min*mum Performance Standards. A planned unit development established
under the provisions of this ordinance sh
"developable land".7 5
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
sUbd1V1S1oriS shall not be considered developable acreage and must be subtracted
out of the total acreage used to determine densityas well as areas designated for
all 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
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during development to provide for ftill supervision and control of
said development, and to insure conformance with these provisions
and all conditions imposed upon the proliminary and final
development plans. Mere development agreements between
individual shah not satisfy this requirement. Individual ownership,
partnerships, corporations, and other legally reeognl*zed entities are
acceptable.
ii.
SCOPE OF PIAN. 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 surve-yor, all licensed to practice in the .State of
Idaho.
ice, NATURAL FEATURES. Developments shall be designed to
preserve and incorporate the natural features of the landinto the
development. Natural, features include drainage swaXes, wetlands,
rock outcroppings, streams, and concentrated native stands of large
shrubs or trees..
v, UTILITZES. All utilities shall be placed underground., ineluding
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 44 or
equivalent shall be used for main lines and under driveway areas,
and a minimum of PVC schedule 200 or equivalent shall be used
for lateral lines
b. Compatibility Standards.
i. REFUSE BANS. Refuse bins shad 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 ars not
visible from outside circulation routes, and so they do not restrict
vehicular movement or parking.
ii. GLARE RE-, DUCTION, Exterior lighting shad be designed such
that the light source will be sufficiently obscured toDrrevent
excessive glare into any residential area.
I. Common Open SDace.
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a
I
a.
191
Required Common Open Space. A minimum of tern percent (10%) of the
gross land area developed in any residential PUD project shall be reserved
za-"rq
for common open space and recreational facilities for the residents 0. S%VL,--)
of the area being developed.
Dedication of Land for Public Use: A requl'red amount of common open
space land reserved under a PUD shall either be held in corporate
ownership by th
,E
e owners of the project area for the use of each owner who
buys, property within the development or be dedicated tD the puhlzc and
0
retained as common open space for parks, recreation and related uses.
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.
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 Linder 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,
41
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 1,04Q square feet per lot
g. Landscaping Per Unit: A minimum of three (3),1 one and one-half (1.5) inch
caliper deciduous trees or four (4) foot tall evergreen trees, and four (4)
shru'bs shall be planted for each lot in a PUD subdivision, as well as
building foundation planting of appropriate shrubs, flowers, or ground
covers. Landscaping zn the park strip I"n the street right -of - way shall have a
unified design theme ire 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
IT
access. Evergreen te e s should b e used as windbreaks, screening,
I a
and accent plantings. I=i�
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 I
lar water usage
demand zones to insure proper irrigation coverage and reduce wasteful
irrig�aiion 91111 coverageand reduce wasteful watering. --Native
preferred. lants are-- .
Page 4 of 17
J. Density Bonuses., Density in excess of the base density for the underlying zany
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
developable acre NDA) allowed for the zone in which the dVelopmeni occurs
according io the follawing chart*
.0
ZONE
LDR1
LDR2
BASE DENSITY AMAX. DENSITY
163 Units/NDA
5.45 Units/NDA
4.84 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 Plann
whether the appl" ing Commission and City Council shall deternine
icant has complied with the necessary design components as
1--A
provided in
A X -ra I -L #.L A NJ this Chapter and shall assign density points as
applicable. The additional units per acre alfc�rlowed above the base density hPUD 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
when add -ed to the base density will determine the total densitynumber
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 . 0 1 2 1 =x.91 additional 1 * 0
aacii. lonal units per acre. 0.91 + 3. 63 (base
IP
density) == 4.54 maximum units, per acre for the develapment.} The density
coefficient for each underlying zone and the total amount of points needed for
the maximum density arefi1below:sted
ZONE DENSITY COEFFICIENT MAXIMUM DENSITY POINTS
LDRI -0.0121 100
LDR2 0-028 100
LDR3
mmft� 1 0.29 100
L. Densi
Bonus Desi
.Requirements. If greater density 1"s
requested above
base density, a PUD development shall comply with one or more of the
following bonus density design requirements depending upon the desired density
increase. The Planning Commission shall review and determine if the -pro-posed
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 a density
bonus, h developmeni
shall have
received bonus density points from at least one design component in each of the
following categories: enery elf ciency, building design,design tpgjk�in
arias, landscaping, and open green space. A design component cannot be used to
Page 5 of 17
obtain paints 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-3 8 ceiling insulation. (Up to 10 paints.)
i�. SOLAR DESIGN. All dwellings are designed with an aciYve or
passive solar feature. The solar feature shah be a solar water heater,
trombe wall, earth insulation �f a majority of the �va�ls, the building
designed so that the mainexposure faces south and has windows to
allow solar access, or other features as approved by the Planning
Comm'1ssion. (Single feature per unit throughout the entire project,
up to 20 point
s. Combination features per unit throughout the entire
project, up to 30 points.)
M 0
viz. 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)
b. Building Design.
�.
MATERIALS. All facades of each dwelling structure, exclusive of
wind�vvs or doors, axe clad in hong lasting, high quality materials as
appropriate for the approved architectural style. Examples of such
materials are stone, brick, stucco, horizontal ward siding, woad
board and batten siding, wood shingles, etc. Facsimiles such as
cementitiaus hardboard (for, horizontal sidings and faux stone (for
real stone) will be. considered on a case by case basis. O
0
Vie. (Up to 20 paints).
ii. ROOF MATERIALS. Roof materials should also be appropriate to
the stye. A11 roofs of mein buildings ars clad with wood shftke
shingles, metal standing seam roofs, tile, or nate shingles. Other
high duality products may be considered on a case by case basis.
(Up to 15 points.)
c. Design Thune,
i. INSTALLED LANDSCA LPING. Landscapingis 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 paints)
i10 10. FEN, C ING. Perimeter fencing i s used throughout the proj ect that
matches the building design, i.e., masonry columns or piers using
the same brick or stone as the buildings,, (Up to 10 points)
iv. SPECIAL FEATUR-ES. 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 risible
locations in the development. (Up to 20 points}
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Id
,or
Page 7 of 17
V. SHARED THEME. Wide range of pausing, e.g. apartments,
condos, medium density, low density, and mixed use share an
architectural and landscaped theme. (Up to 24 points)
d. Parking Areas.
i. SCREENING. Parking lots of 20 or more stalls are screened from
view by means of bermingor landscaping around the perimeter of
the parking lot. (Up to I 0�$ points)
ii. LANDSCAPED ISLANDS. Parking lois of 20 or more stalls or a
continuous row of parking over 90 feet in length has a landscaped
istand(s) which provides landscaping at a ratio of I square footof
landscaping per 13 square feet of hard surface. U 15 points)
1I1. SHADE TREES. Areas with 5 or more uncovered parking sta.Xs are
designed to include minimum 2. inch caliper frees located in such a
manner as to shade 50% of the parking area upon maturation of the
treys. (Up t0 15 points)
iv. PERMEABLE SURFACES. 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 paints}
v. Locate all off street parking at the side or rear of buildings, leaving
building frontages and streetseapes free of parking facilities. (Up to
0 p o i n ti, S?�
Vi.
For any non-residential buildings or multi -family residential
buildings that are part of the proposal, pxovide bicycle parking
spaces, including sheltered parking, equivalent to 10% of the total
automobile Parking on site. Bicycle parking must be within 50 feet
cif the entrance to the building thai it services.
Ameni
Recreationalties.
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 andpicnic 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
residents of the development, its size and the number of amenities
in the development. (Between 5 to 3 5 points.}
�i-
COMMON BLTILDIIVG OR FACILITIES - DeveXapment cif a
common building which shall be used for meetings, indoor
recreation, day care, or other common uses as approved by the
Planning Commission. IAV 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
paints are awarded. (Publi.c. access up to 15 paints. Public Park up
to 40 points.)
iv. CONSTRUCTION DF TRAIL OR 'ARK. Construct -ion accord41
ing
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.)
v. RIPARIAN AREAS. 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)
f. Landscaping.
i. EXTRA TREES. Design and planting more than the minimLun
number of trees'. shxubs, and perennials per dwelling unitin the
development. (Up to 10 p0nto0�o
Il. SOFTEN FENCE APPEARANCE. Areas which are tobe 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 paints)
g. open green Space.
i. DESIGNED PLAN. Open green space is designed (not left over
space between buildings) and flews uninterrupted through the
entire development linking dwellingsand recreation amenitIP
ies. (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 carriedout in such a manner that the
use as a detention pond is not discernible. (Up to 20 paints,)
NATIVE PLANTS. Native plants are used :for common open space
elements. (Up to 15 points)
IV. DROUGHT T0I1ERANT PLAITS. Drought tolerant plants are
used for common open space elements. (Up to 1.+0 points)
h.. Public Streets.
i. All streets within the development are dedicated public sheets. (Up
to 25 points')
i. Housing.
i. Mixed housing types, e.g. apartments, condos, medirr� udensity, low
density, and mixed use are incorporated in the development with
the intend to allow aging in place and appropriate mixes of
soc�oeconomic groups, (Up to 40 points)
M. Preliminary easier 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,0
1 • Proposed name of the planned unit development;
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2. Date, north point and scale of drawing;
3. Appropriate identification clearly stating that the drawing is a prelimi*nary
planned unit develapm�nt mater plan;
4. Location of the planned unit development by section, township and rage; 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;
S. A vicinity sketch map at a scale of one inch equals tour 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 exiting streets or other public ways within or
abutting the planned unit development,,
b• Contour lines having the following minimum intervals:
i. Two -foot contour intezvals for ground slopes less than ten percent, and
ii. Five -foal contour intervals for ground stapes ten percent or greater.
Contours shall be based an contour maps provided by the city or ether 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
aCCUTaCy subject to city engineer's apprQVa1),
d. Location and direction of all wader courses and natural features such as rock
�utcropp�ngs, marshes, wetlands, and wooded areas; ar�.d 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 mush 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 end approximate radii yr curves,
Page 9 of 17
a
f. Location of existing and proposed easements on the site or abutting property.,
showing the width and purpose of each easement
g., The types of housing proposed within the PUD, the approximate location or
locations proposed for each type of housing, and the approximate housing densitiv
proposed at each location,
ifh. Sites any, allocated for:
it
IN Churches.,
ii. Parks.,, schools,, playgrounds,
W
1VF
a
L
Public buildings,
Open space,
Area coverage of existing and proposed structures, lots., streets or other
development,,
N. Supplemental Preliminary Master Plan Information. The applicant cant also shall
submit the following information to supplement the preliminary master plan.
Thzs information can be submitted in separate statements accompanying the
preliminary master piaci:
I . Proposed restrictions to be filed ins the county deed records in outline Farm. such
as deed restrictions, conditions, covenants and restrictions, and home owners' association
agreements. The outline restr�ct* IN
i ions 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 anv., 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 mai
ns;
3. Approximate plan of prapased 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 dcdicated to the city or public,
other than street right-of-ways, including proposed dedication re ' ' "
s ictions;
5. Maximum potential number of residential units, calculated as follows:
a. Deterrni*ne residential development area as follows: subtract from gross area any
area allocated for churches, schools, and public buildings,
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b. Divide residential development area (excludinR public and private streets nw,d
areas with slopes of 30 percent or greater) by the minimum residential lob size permitted
in the underlying zone. This is the maximum potential number of residential units without
incorporating any density bonuses-
6.
Proposed number of residential units;
7. An approximate tabulation of X11 dwelling units by hype;
8. A narrative description of the planned unit development and the manner in which,
it meets the purpose sed out in subsection A of this section;
9. A statement describing the present and proposed ownership,
10. A Preliminary landscape plan, covering bath areas to retain undisturbed their
natural vegetation and areas to be re -landscaped;
11. A circulation plan and traffic impact analysis identifying likely circulation
patterns for and traffic impacts from traffic generated by the development including
patterns andimpacts 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 maser plan or final master plan phases for review;
and a statement of the date or dales by which the applicant anticipates that the
development and related 'improvements or each phase thereof will be substantially
completed.
0. Determination that Preliminary Master Plan is Complete. Fallowing submission
or resubmission of a preliminary master pian, pity staff shall determine whether
the plan iscomplete pursuant to the submittal requirements of subsections M and.
N of this section. The determination of staff shall be in writing and, ifthe
application is determined to be incomplete, shad be provided to the ap..plicant
with, a description of the additional material required to make the application
complete.
P. Review of Complete Preliminary Master Plan. Following submission of an
complete preliminary mister plan, Clay staff shall review the preliminary master
plan, shall seek comments on the plan from potentially affected governmental
unity and agencies, and shall repot to the planning commission the comments of
the committee members and of those governmental units and agencies that
submit comments.
(�.
Planning Commission and Cit Council Consideration of Preliminary Master
Pian, Following receipt of comments on the preliminary master plan from City
stiff and other affected governmental agencies, the planning commission shall
review the plan and comments in public hearings following the procedures the
Page I I of 17
same as cond�tianal use permit and shall �recommend to the City Counci I
eithe r approval, approval with candations, or disapproval toof the Preliminary
master plan. Thelannping commission shall state its d�czsion and its reasons in
of the preliminary master pian shad be subject to the follow -Ing:
1. The commission shah recommend and the Council shall approve, or approve
with conditions, the plan_Lif it is foundthat the plan, ether as submitted or with
conditions, meets all of the following criteria. The commission shall recommend and the
Council shah 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 developmentis in compliance with the
com rehensi�eplan and will be substantially compatible with existing development in
the surrounding area; and undeveloped land in the surxounding 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. 7n 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 cvmmissior� shad recommend
and the Council shad establish an expiation date for the preliminary master plat
approval, not sooner than two years aider approval of the preliminary master plan; may
impose conditions requiring that a final master plan or phases thereof be submitted for
commission rev'iew within a specified period or periods of time, not soarer than one year
after approval of the preliminary master pian; 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 years after approval of the preliminary master
plan, and at such periodic intervals of not less than five years thereafter as the
commission and Council deems appropriate to ensure conformity.
C. Con. struction of the developmentean be accomplished in a manner that does not
create unreasonable negative impacts ars the area surrounding the development or in the
city. In order to assure the avoidance or mitigation of negative construction impacts an
the area surrounding the development or in the city, the planning commission and
Council may impose eondiiions including but not limited to:
i. Requirements that removal of existing landscaping curing construction be limited
to areas of the planned unit development to be constructed shortly following removal and
to port -ions of those areas on which construction will occur;
ii.
Prohibitions of open burning on the site during construction;
Page 12 of 17
1 Prohibitions, or limitations on construction track -out;
iv. Restrictions on construction noise, and
V. Restricti'ons on construction traffct
d. The development will not create unreasonable negative impacts on the area
surrounding the development or in the citv. 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
i�. Prohibiting open burning during construction.
C. 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 twenty 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 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,
R. Extension of Approved Preliminary Master Plan. Prior to expiration of an
approved preliminary master plan, the planning commission Anna recommend
and. the Council may, receipt of an application applying o
t
9 on I A &e 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
in requirements, 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
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�c
application as are needed to demonst,rate that an extension. will meet the criterion
for an extension established by this subsection.
S. Modification of Approved Prelim"
nary Master plan, The planning commission
may recommend, and the Council ma on receipt of an application applying to
the as yet unbuilt portions of the development, approve a modifcaiian toX_L_LW%__L_L_LT
an approved preliminary master plan provided that the modifications will be
consistent with the then -existing city coning ordinance requirements, in relation
to thea -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
and consideration by..the City Council, except that the applzcat�on materials
required to be submitted skull 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 Pian. 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 de,elopment, then a complete
new application must be submitted prior to reconsideration. ,An application for
reconsideration shall be treated as an original application and shill be subject to
all of the procedures sed out in subsections C through P of this section, including
but not limited to the requirement of a hearing before the planning commission
and consideration by. tie,. C�iy Council.
U. Submission of Preliminary Subdivision Pial, If an approved preliminary planned
unit development master plan provides for the subdivision of land within the
planned unit development, then*thiwn such period or periods of ti'me as required
by the preliminary planned unit development master plan approval, an applicant
shall :file a preliminary subdivision pkat for the planned unit development or for
phases of the development, if phasing is permitted. The submittal requirem.cnts,
procedures and approval requirements for the preliminary subdivision flat shall
be as set out in City of Rexburg subdivision code.
V. Planning Commission and C��v Council Consideration of Final Master Plan.
� . Fallowing preliminary master plan approval, and prior to issuance of a
development permit and commencement of development, a final maser pian must be
submitted to and receive _a recommendation of approval from the Commission andreceive aivroval from the City Council
master plan mai be submitted in development phases; provided!, that:
. The final
a. Each phase can exist as a separate entity capable of independently meeting all
requirements and standards aF this section and of the underlying zones in which the PUD
1S 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
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n
recorder's office, such as conditions, covenants and restrictions. The restrictions shad be
applicable to other areas of the panned unit de�ve�opment not yet proposed for
development, and shall be sufficient to assure that:
�. The area within the phase proposed fv� developmeni, when combined with fil-tem,
area not yet proposed for development, as subject to the deedrestrictions, Can. exist as a
combined entity capable of independently mee��n� tie requiremen�t� ani. standarc�s,
�i.
The phase has met any applicable re-evaluation requirement imposed during the
preliminary master pian approval process; and
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 sinal master plan must be 1n sufficient detail to al tow 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
prelimi*nary master pian. 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 re�lantin� of �egetai�on;
b. Detailed water, sewer, drainage and drainage pretreatment, storm water
detenti*on 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 mans,
Profiles of sanitary sewer, street drainage, drainage pre-treatment, storm water
detention and water distribution systems, showing pips size and location of valves and
fire hydrants, all to conform to city an sta�c standards standards,
�v. The estimated cosi 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 comm10
ission shall make a recommendation to, and the Council shall
approve, or approve with conditions, the final master pian if��----------
��. '~ �
itis determined that the plan meets all of the fallowing criteria. The
commission shall disapprove the final master plan if it finds that the plan., either as
submitted or with conditions, dogs not -meet one or more of the following criteria:
Page 15 of 17
a. The plan is consistent with the preliminary master pian and all conditions
applicable to it;
b. AIS utility systems and landscaping conform to city and stake standards or are
approved by the city engineer; and
c. If the final master pian 'is for a phase of the fatal planned unit development, the
criteria for phasing stated in subseet�on of this sectionwill be met..
N. Requirements Following Final MasterPlan Approval.
� . 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 shad be penuftted 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 neededto 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 changc;s
consist only of changes that wfll not have public visibility and that:
a. Do not increase densioti-es"
b. Do not change boundaries;
C. Do not change any use, specific or general, described in the final master pian; 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 goad cause, by the planning commission if
such extensions 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 theplanned unit development apprava� shall become vaid
as of the date the.filing requirement no longer can be met.
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5. Prior to commencement of development, the developer shall provide to the city
an improvement agreement and financial security instrumentas described in the pity of
Rexburg subdivision ordinance and shall obtain a development permit.
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