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HomeMy WebLinkAboutDEVELOPMENT CODE - 07-00173 - PUD Ordinance Addition4 'M W t'1aiac I I -4N AN ORDINANCE AMENDING ORDINANCE NO.926 PROVIDING FOR THE ADDITION OF SECTION 4..15 "PLANNED UNIT DEVELOPMENT" TO THE DEVELOPMENT CODE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO (ADOPTED FEBRUARY 16th, 2005) Amended 7/06/05; 5/07/2007- 7-03-2007 4.15 Planned Unit Development (PUD SECTION 1: A. Purpose It is the purpose of this section to allow residential planned unit developments in several 0 residential zones to allow a more flexible approach to landdevelaprnentthan that which is normally accomplished through the subdivision and zoning ordinances of the city. The planned unit development approach is intended to Provide more desirableenvironments by encouraging uraging creative site planning and building designs; to make possible greater diversification between buildings and open spaces; and to conserve land a datu resources and minimize development costs. Thee planned unit development approach .0 intended q)however is not to allow uses on land within a unit other than uses permitted within the zone that is applicable to the land, unless otherwise stated in this ordinance, Bo Planning CQmmission(I and City Council Authority The planning commission shall make a recomm nd "ation to the City Council to either 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. 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 the provisions of this section - C's Pre -Application Conference Prior to filing an application for a planned unit deVelopment, applicant cant shall review the preliminary master plan with the Planning and Zoning Commission and City Council or designated representati t ve 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. Page 1 of 19 D 4p 'Uses Permitted A11 uses that are permitted within the underlying zoning, also, up to ten percent (10%) of grass 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 prior to the development of the related commercial or industr*al uses. EM, Minimum Area A PUD for the fallowing principal uses shall contain an area not fess than: a. Three (3} acres for residential development. occurs 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. F. Variations to Underlying Zone Permitted a. Upon combining the PUD the development standards of 0 variations are specifically adopted as part of the approved project plan or approved zone wish an appropriate existing zone, variations from said underlying zone may be permitted. provided the supporting documents. Variations, however, shall not include changesin the P,�t,,;ftP� 71CP.� �llnwed the zone with. which the PUD zone has been combined, Y\rlALiab�rv�h bv_---except to the extent set forth herein. i. Base Den The maximum number of residential units allowed per developable acre in a PUD which mets only the minimum development requirements of this Chapter shall be calculated using the Lot Area Per Dwelling Requirement of the underlying zone: O E Lot Area per Dwelling LDR1 I Unit pe.r 12,000 square feet LDR2 I Unit per 8,,000 square feet- LDR3 1 Unit per 6,000 square feet - Page 2 of 19 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 ire the zone with which the FUD �s proposed to be applied. Such maxim -Lim number of residential units shall be reasonabi� deterrnined by the Planning Commission using development criteria and ordinance requirements applicable to the zone which the FUD is p�opos�d tQ be comb��ed with. c. Development proposal must adhere to currently adopted sheet and right -of way cross section standards. G. Density Determination Density in PSD shall be determined by using the "developable land" of the entire proposed development.Developable Viand is land under j"'00//o- nope and tha.i is capable of being improved with landscaping, recreational facilities, buildings, or parking. Land devoted to sheet usage in PUD subdivisions shall not be considered developable acreage and mush be subtracted out of the total acreage used to detennine density, as well as arias designated for the use of churches, schools, and blic buildings. H. Minimum Performance Standards A planned unit development established under the provisions of this ordnance shall conform to the standards and requirements of this section. a. General Standards. i. sin2le Ownershin or Control. The area proposed for a planned. unit development shah be in one (1) ownership or contras during development to provide for full supervision and control of said development, and to insure conformance with these provis'o"sand all conditions imposed upon the preliminary and final development plans. Mere development agreements between individual shad not satisfy this requirement. Individual ownership, partnerships, corpoatxans, and other legally recognized entities are acceptable. ii. SCODe 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 is minimum landscaping requirements of this Chapter, Design Team, The, final development plans shall b� prepared by a design team composed of an architect, a landscape architect, and ars engineer or hand surveyor, all licensed to practice in the State of Idaho. IV. Natural Featu,res.'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. Page 3 of 19 t V. Utilities. All utilities shall be placed underground, including telephone, electrical, and television cables. Dwelling units under separate ownership shah have separate utility metering, unless otherwise approved by the Public Warks 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. latex 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 QVC schedule 40 or equivalent shall be used for main lines and under driveway area, and a minimum of PVA schedule 200 or equivalent shall be used for lateral lines. a. Compatibility Standards L Refuse Bins. defuse bins shall be stored in screened enclosures which are architecturally compatible in style and materials with the character of the development_ Bias shah 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 Qbscured to prevent excessive glare info any residential area. I. Common open Space a. Required Common 0 -pen Space. A minimum of ten percent (10°,/0) of the dross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities dor 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 RUD shall either be held in corporate ownership by the owners of the project axea 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 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 shad be specified by the developer before approval of thefinal master plan. d. Clusteri Property developed under the PUD approach should be designed to abut common open spare or similar arias. A clustering of dwellings is encouraged. e. Hardscme. Such common open spaces may include walkways, patios, Page 4 of 19 recreational activity arias, picnic pavilions, gazebos, and water features so such surfaces do not exceed 15% of the required open green space. f. Common Actiovi long as 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 landscat-1ped area. i. Subdivided, one -family dots shall provide developed common activity area at a rata of 1,,000 square deet per lot g. Landsca-Dinla Per. Unit. A minimum of three (3), one and ane -half (1.5) inch caliper deciduous trees or four (4) foot tall evergreen trees, and four (4) shrubs shall be plati_ted for each lot in a PUD subdivisinn, 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 (21 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 su=er cooling and winter polar 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 t o insure proper irrigation coverage and reduce wasteful irrigation coverage and reduce wasteful watering. Native plants are preferred. J. 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 emceed the maximum density Viper net developable acre NDA) allowed for the zone in which the development occurs according to the foliowing chart: K. Density Bonus Calculation For applicants requesting a density greater than the base density., the Planning Commission and City Council shaX1 d�term�ne whether the applicant has complied with the necessary design components as provided in this Chapter and shah assign density Page 5 of 19 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 acxe 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 shah not exceed tbemaxi*mum density allowed in the gone. (Example: The project is in an LDR2 zone and the design is awarded 75 bonus paints, 75 x .4121 T 0.91 additional units per acre. 0.91 + 3.63 (base density) = 4.54 maximum unity per acre for the development.) The density caefFicient for each underlying zone and the Total amount of points needed dor the maximum density are listed below: ZONA ---f DENSITY COEFFICIENT MAXIMUM DEN ITT POINTS LDR1 0.0 1 1 100 LD R2 0,028' 100 100 LCA R3 01.2-9 L. Density Bonus Design Requirements if greater density is requested above the base density, a FUD 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, proposed design complies with the intent of the design requirement before the points are granted. the density bonus points for each individual design component ars in parentheses at the end of each requirement. In order to receive a density bonus.. 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, pa-.r:king areas, landscaping, and open green space. A design component cannot be used to obtain points in more than one category. The density bonus designs requirements are as follows: a. Ener Efticienc i. Insulation. A11 dwellings and main. buildings shall have R-19, walk insulation and R-38 ceiling insulation. (Up to 10 points) ix. Solar Desj*gn. A11 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 budding designed sa 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 paints. Combination features per unit throughout the entire project, up to 30 points) iii. Development achieves (LEED) certification for a Leadership in Energy an Neighborhood Development Building council (USGBC). (Up to 40 points) l Environmental Design through the U.S. Green Page 6 of 19 4 b. Buildim4 Desljzn,, i. Materials. 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 stony, brick, stucco, horizontal wood siding, woad board and batten siding, wood shingles, etc. Facsimiles such as cementious hardboard (for horizontal siding) and faun stone (for real stone) will be considered on a case by,case iasis. ('Up t0 20 points) ii. Roof Materials. -Roof materials should also be appropriate to the style. ,All roofs of main buildings are clad with wood shingles, metal sanding seam roofs., tile, or slate shingles. Other high quality products may be, considered on a case by case basis. (Up to 15 points) c. Desi4m Theme i. Installed LandscapingLandscaping is designed and installed along all streets of the develOpMent according to a theme which provides unity and interest. (Up to 24 points) ii. Theme LiRhting. Theme lighting is used throughout the development for sheet lighting, light- ing of walkways, parking areas, entrances, and building exteriors, (Up to 15 points) Fencing. Perimeter fencing is used throughout the project that matches the building design, i.e., masonry colunuls or piers using the same brick or stone as the buildings. (Up to 10 points) iv. Special Features. Special features such as fountains, strums, ponds, sculptures, buildings or other dements which establish a strong theme for the development and are utilized in highly visible locations in the develo: ml, Up to 20 points) v. Shared Theme.,Wide range of housing, e.g. apartments,, condos, medium density, law density, and mixed use share an architectural and landscaped theme. (Up to 20 points). d. Parking Areas r. Screening. Parking lots of 20 or more stalls are screened from vi�vv by means of berming or landscaping around the perimeter of the parking dot. (Up to 20 points) ii. Landsca-ped Islands. parking lots of 20 or more stalls or a continuous raw of parking over 90 feed 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) iiz. Shade Trees. Areas with 5 or more uncovered parking spalls are designed. to include minimum 2 inch caliper trees located in such a manner as to shade 50% of Page 7 of 19 the parking area upon maturation of the trees, (Up to 15 points) iv. Permeable Surf -aces. Surfaces for parking and maneuvering other than the pubfic 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 1 5 points) v. Locate all off street parking at the side or rear of buildings, leaving building frontages and streetseapes free of parking facilities. (Up to 1 0 points) vi. For any non-residential buildings or multi -family residential buildings that are part of the proposal, provide bicycle parking spaces, including' sheltered parking, Iparking on site. Bicycle parking must equivalent to 1 0% of the total automob'le be within S Q feet of the entrance to the building that it services. e. Recreationat Amenities i. Active Recreation. The PUDincludes a recreational amenity prirz�arily the far 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 residents of the development, its size and the number of amenities in the development. (Between 5 to 35 points) 11, Common Buildin or Facilities. Development of a common building which shall be used fax meetings, indoor recreation, day care, or other common uses as 4, on. RV parking faciXities may also be approved by the Planning Commissi* considered with this design feature. (Up to 20 points) III *00 Park Dedication. Dedication of land f or 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) 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 1 5 points) f. Landsca ing i. Extra Trees. Design and planting more than the minimum number of trees, shrubs, and perennials per dwelling unit in the development. (Up to Z(] points) ii. Soften Fen -cc Appearance. ?areas which are to be screened use a solid non -see - Page 8 of 19 bo through wN)d masonry fence and landscaping appearance of the fence. Landscaping may be vines, points) g. Oven Green Space which acts to soften the shxubs, or trees. (Up to 15 i. Designed Plan. Open green space is designed (not left over buildings) and flows uninterrupted through the entire -P dwellings and recreation amenities. (Up to 25 points) space between development linking ix. Multi le 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 zs 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) iii. Native Plants. -Native plants are used for common open space elements. (Up to I S points) iv. Drou ht Tolerant Plants. Drought space elements. (Up to 1 0 points} h. Public Streets. All streets*thin W1 I privately maintained. (Up to 25 points) tolerant plants are used for common open the development are open io public use, but �. Housin . Mixed housing types, e.g, apartments, condos, medium density., and mixed use are incorporated zn the development with 0 W allow avinor in lace nni n 971, & density, low the inient to --�---a ___ r FF %JF -L -L C, 1LjLjLA1z;z!o vL Not;tueconomic Lyroiins% points) 0 (Up to 40 M. Preliminary Master Plan Application Following a pre-applicat* ion 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-, a. Proposed name -of the planned unit development; b. Date, north point and scale of drawing; c- * Appropriate identification clearly stating that the drawing is a preliminary planned unit development master plan; d. Location of the planned unit development by section, township and range; a legal description sullicient 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; Page 9 of 19 e. A vicinity sketch mai at a scale of one inch equals four hundred feet showing adjacent property boundaries and laud uses; f.. dames and addresses of legal owners of properties within Five hundred feet of the tentative planned unl*t development boundaries, excluding streets, unless the City is able to provide this informafion ; g. The following: i. Location,, widths and names of all existing streets or other public ways within or abutting the planned unit development., wing ii t Contour line h a. Twp -foot contour intervals for ground slopes less than ten percent, and b. Five-foot contour intervals for ground scrapes ten percent or greater. c. Contours shall be based on contour maps provided by the city or other data approved by the city engineer, iii. Location of at least one temporary bench mark 4�vithin the planned unit development boundaries or the source of the contour line data shown (source and accuracy subject to city engineer's approval),, iv. 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 an 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. v. A vicinieet showing ty sketch map a� a scale of one inch equals four hundreshowing adjacent property boundaries and land uses; vi. 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 abbe to provide this information; " w vxi. 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 fallowing minimum intervals: Page 10 of 19 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. iii. Contours shall be based on contour maps provided by the city or other data approved by the city engineer, e. 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 I ity engineers approval), d. Location and direction of all wateir 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-tive 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, xncluding location.., widths and approximate radii or curves., f. Location. of existing and proposed easements on tete site or abutting property, showing the width and purpose of each easement g. The types of hous2ng 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. Sues, if any, allocated for: i. Churches, ii. Parks'. schools, playgrounds, Public building., iv. Open space, i. Area coverage of existing and proposed structures., lots., streets or other development. N*PreliminarySupplemental. Master Plan Information The appl* icant 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: IF a. Proposed restr"ct* records, i ions to be filed in the county deed in outline form, such as deed restrictions, conditions, covenants, and restrictions., and home owners' Page 11. of 19 0 ti�ns shall identify the time at which the association agreements. The outline restric-records; generally who will have authority restrictions will be filed in the county deed to be to enforce the restrictions; specifically -which restrictions, if any, are proposed 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; b. Approximate locations and anticipated grades of all streets. Typical cross sections of the proposed streets show* widths of roadways, curbs location and widths of showing sidewalks and the location and size of utility mains; c. Approximate plan of proposed sanitary sewers, storm drains, storm water detention and drainage pie -treatment facilities and the water distribution system; d. A general description of property 'intended to be dedicated to the city or public, other than street right -of wads, "including proposed dedication restrictions; e. 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, b. Divide residential development area (excluding public and private streets and imum areas with slopes of 30 percent or greater) by the mi*n' residential lot size permitted in the underlying zone. This is the maximum potential i -i-Limber of residential units without incorporating any density bonuses; f Proposed number of residential units; g. An approximate tabulation of all dwelling units by type; h. A narrative description of the planned unit development and the manner in which ch it meets the purpose set out in subsection A of this. section; i. A statement describing. the present and proposed ownership; j. A preliminary landscape plan, covering both areas io retain undisturbed their natural vegetation and areas to be re -landscaped; k. 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; 1. 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 Page 12 of l9 development and related improvements ar each phasehereof �vvill be substantially completed.. U. Determination that Preliminary Master Pian is Complete Following submission or resubmissi�+x� of a preliminary master plan, City staff shad determine whether the plan 1s complete pursuant to the submittal requirements of subsections M and N of this seciion. The detearmination 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 mike the application complete. P. Review of Complete Preliminary Master Pian Following submission of a compete preliminary master plan, pity staff shall review the preliminary master plan, shall seed 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 ov ental units and. agencies that submit comments. Q* Planning Commission and City Council Consideration of Preliminary Master Plan Following receipt of comments on the preliminary maser pian from City staff and other affected governmental agerzcies, the planning commission shah review the plan and comments in public hearings following the procedures the same as cvnc�it�onal use permit. and shall commend to the pity Council either approval with conditions, or disapproval of the preliminary master plan. The planning commission shall state its decision and its reasons in writing. The planning commission's consideration of the preliminary master plan shall be subject to the following: IF a. The comssi mion shall recommend and the Council shall approve, or apparove with conditions, the plan �f it finds that the plan,, either as submitted or with condition, meets all of the following criteria. The commission shad recommend and the Council 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. i. The proposed planned unit development is in compliance with the City's can�pr�hensive plan and will be su�stan�t�all� compatible with existing development in the su�ounding area; and undeveloped Iand in the surrounding area can be developed in a manner substantially compatible with the proposed planned unit development. The number of years proposed for campletian of the development or each phaseof the development 7s reasonable, tak ing into consideration the possibility of changing lamed 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 recommend and the Council shall establish an Page 13 of 19 expiration date for the preliminary master plan approval, not sooner than two years after approval of the preliminary master plan; may xrnpose conditions requiring that a final master pian 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 rCqL11r111g 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. iii. Construction of the development can be accomplished in a manner that does not crate 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 and council may impose conditions including but not limited to. a. Requirements that removal of existing landscaping during construction be limited to ares of the planned unit development to be constructed shortly following removal and to portions of those areas on which construction will occur; b. Prohibitions of open binning on the site during construction; c. Prohibitions of open burning on the site during construction; d. Restrictions on construction noise; and e. Restrictions on construction traffic. iv. The development will not create unreasonable negative impacts on the area surrounding the development or in the city. In oxder 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: a. Prohibiting the removal of specified landscaping; and b. Prohibiting open burning during construction. AL V. Street, water, sever, 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 info Consideration existing and projected future demands on those facilities. moi. Street, wafer, sewer, drainage and drainage pre-treatment,., norm water detention Page 14 of 19 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. vii. 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. b. The planning commission, in recommending, and the Council in approving a preliminary master pian, may attach conditions it finds are necessary or appropriate to carry out the purposes of this title. R. Extension of Approved Preliminary Master Pian Prier to expiration of an approved preliminary master plan, the planning commission may recommend and the Council may, on receipt of an application applying to the as yet unbuilt portion� of the development, expend 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 �' of phis section, including but not limited to the requirement of a hearing before the planning cornmission, except that the application materials required to be submitted shad be only such materials supplementing the original application as are needed to demonstrate that an extension will meet the criterion for an extension established by this subsection. S. Modificat"on of Approved Pr,�l�minary Master Pian The planning commission may recommend, and the Council may, on receipt of an application applying to the as yet unbuilt portions of the developrnent, approve a mod111cation to an approved preliminary master pian provided that the moditications wil� be consistent with the then -existing city zoning ordinance requirements, in relation to then -existing conditions. An application for modifications shall be subjeci 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 application materials required to be submitted shall be only such materials supplementing tie arig�nal application as are needed to identify the proposed modifications and to demonstrate that the0dificat�ons will meet the criterion rnodif catzons established by this subsection. T. Procedure Fallowing Expiration of Preliminary Master Pian If ars 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 PriQr 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 G 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. Page 15 of 19 U. Submission. of Preliminary Subdivision Plat If an approved preliminary planned unit development master pian 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 irements for the preliminary subdivision platrequirements, procedures and approval requ 0 shall be as set out in City of Rexburg subdivision cads. V. Planning Commission and City Council Consideration of Final Master Plan a. Following preliminary master plan approval, and prior to issuance of a development permit and commencement of development, a final master plan muss be submitted to and approved by the planning commi ssian. The final master plan may be submitted in development phages; provided, that: i. 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 xx. Prior to the development of any phase that will not ex�st 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 restrictiaris. 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: a. 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 10 requirements and standards, b. The phase has mei any applicable re-evaluation requirement imposed during the preliminary master plan approval process, and c. 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. The final master pian must be in sufficient detail to allow the planning commission to determine whether the final maser 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 maser plan shall include: i. Detailed landscaping plans material and its location, the showing the type and size of all plant irrxgat0 �on system, decorative materials. Page 16 of 19 recreation equipment and special effects; and the schedule fax removal and 'a replanting of vegetation; ii. Detailed water, sewer, drainage and drainage pre-treatment,, storm water detention and street systemlans p , including, a. Central line profiles showing finished grades of all streets,, b. Cross sections Of proposed streets showing widths of roadway, curbs locations and width of sidewalks and Iocat�on qnd ql'7p "f 11flollf 4 malns� c. Profiles of sanitary sewer, 0 street drainage, drainage pre-treatment, SLOrM waier cletention and water distribution systems showing pipe size and location of valves and fire hydrants, all to conform to city and state standards standards, d. The estimated cost of street sewer, drainage and draxnage1� pre- treatment, storm water detention, water, and other public infrastructure improvemen.ts within the planned unit development. c. The Planning commission shall make a recommendation to,, and the Council shall approve, or approve with conditions., the final master plan if it xs determined that the plan meets all of the following criteria. The commission shall disapprove the final master plan i*f it finds that the plan, either as submitted or with conditions, does not meet one or more of the following criteria: i. The plan is Consistent with conditions applicable to it; the preliminary master plan and all x�. All utility systems and landscaping conform to city and state standards or are approved by the city engineer; and iii. If the final master plan is for aa h P ts development, the cri-teri'a for phasing A section will be met, W-0 Requirements Following Final Master Plan Approval f the o al planned unit ted in subsection of this m a. 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. Except asp�'�Vided ' 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 I m*ted to the requirement of a hearing before I the planning commission, except that the application materials required to be Page 17 of 19 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. c, Proposals to made minor changes in the final master pian after it has been approved may be approved by the Planning Commission or designee. Minor changes consist only of changes that will nothave public visibility and that: L Do not'increase iii ii. Do not change boundaries; iii. Do not change any use, specific or general, described in the final master play.; and iv. Do not change the location or amount of land devoted to specific land uses. d. A final PUD subdivision plat shall be filed with and approved by the pity 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. Na additional extensions, may be granted, If a final PUD plat is not filed, approved and recorded as required by this section, theme the planned unit development approval shall become void as of the date the filing requirement no longer can be met. e. Prior to commencement of development, the developer shad 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. Section II. The full text of Ordinance Na. 926 is available at the offices of the pity Clerk located at the Rexburg City Hall, 12 North Center,, Rexburg, Idaho 8344U, and the Rexburg Community Development office located at 19 East Main Street, Rexburg, Idaho $3440. An electronic copy of Ordinance No, 926 is available on the web at www.rexbyrgoor PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 03rd DAY OP JULY, 2.0074 Shawn. Larsen Mayor Ar'.11"'TEST: Page 18 of 19 Blair D. Kay City Clerk STATE OF IDAHO County of Madison I, Bair D. Kay, Cwty Clerk of the City of Rexburg', Idaho, do hereby certify. - the above and foregoing is a full, true and correct copYof the Ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NO. 926 PROVIDING FOR THE ADDITION OF SECTION 4.15 "PLANNED UNIT DEVELOPMENT" TO THE DEVELOPMENT CODE; AND PROVIDING FOR THE EFFECTIVE RATE OF THIS ORDINANCE. Passed by the City Council and approved by the Mayor this 0 -3rd day of July, 2007. Blair D. Kay, City Clerk (SEAL) Page 19 of 19 That fir' �'