§ 29-107. R-PUD residential planned unit development district.
(a)
General description and intent. This section applies to the R-PUD residential planned unit development district. The purpose of this section is to provide an innovative voluntary, and alternative zoning procedure to be used in all types, and in the relationship of supporting community facilities in the development of diverse, sound, urban environments under condition of approved site and development plans.
(b)
Requirements. In any residential district, a tract of land may be developed for residential use and for supporting community facilities, provided that approval is obtained by securing a planned unit development permit in compliance with the procedure hereafter delineated. Eligible properties to be used as PUD shall normally be two (2) acres or larger in size (gross acreage). Slightly smaller parcels may be eligible, provided the applicant can show that the proposed PUD can meet the intent of this section without injury to the public health, safety and welfare. The R-PUD may contain any of the community facilities permitted in the district within which the planned unit development lies upon review and approval of the planning commission and city council.
A residential planned unit development may contain the following commercial uses when located within a multiple-family structure, provided that they occupy no more than five (5) percent of the gross floor area of the structure; or if provided in a single structure of a multistructure development, no more than five (5) percent of the total gross floor area of the residential structures within the development; or provided that no public entrance to such uses are visible from the outside of the development and no advertising signs or displays are visible from the outside of the development.
Provided, that the applicant can show that such commercial uses will provide a direct service to the residents in the residential planned unit development; will not substantially alter or affect the residential character of the development; will not duplicate any service or function performed or offered by another facility located within one thousand (1,000) feet of any boundary of the residential planned unit development; and will not be located within two thousand (2,000) feet of any existing commercial district.
(1)
Food or drug store.
(2)
Laundry or dry cleaning pickup station or self-service laundry or dry cleaning facilities.
(3)
Barber and beauty shop.
(4)
Restaurant.
The planning commission, after a public hearing, may grant an R-PUD permit when it finds that the R-PUD proposal is consistent with good general planning practice, consistent with good site planning, can be operated in a manner that is not detrimental to the permitted developments and uses in the district, is visually compatible with the permitted uses in the surrounding area, and is deemed desirable to promote the general welfare of the city. There shall be no minimum height or setback requirements within the development other than provided herein. Those heights and set- backs shown on the approved plan shall become the minimum requirements.
The granting of an R-PUD permit shall be initiated by the filing of a verified application by one (1) or more of the owners or authorized representatives of the property sought to be used for the R-PUD proposal. Application shall be addressed to the zoning department and filed in its public office upon forms and accompanied by such data and information as may be prescribed for that purpose by the planning commission so as to assure the fullest practicable presentation of facts for the permanent record and for adequate preliminary consideration of the proposal. The planning commission shall hold a public hearing within thirty (30) days of acceptance of the application with the procedure required for any other public hearing before the planning commission. If the planning commission gives preliminary approval to the application, the matter shall be forwarded to the city council together with the approval for consideration by that body.
If the application is approved by the city council, the matter shall be returned to the planning commission for consideration of a final development plan, which shall be prepared by the applicant and submitted to the planning commission for approval within one hundred and sixty (160) days after the application was approved by the city council. Upon approval of a final development plan by the planning commission, the plan shall be recorded with the county recorder as an R-PUD, and a permit for development in conformity with the recorded plan shall be issued to the applicant by the director of planning or his agent. No building permit shall be issued by the city for construction of any structure on the tract of land involved that is not in conformity with the recorded R-PUD plan. Unless otherwise stated, substantial work or construction under the permit must be commenced within eighteen (18) months, or the permit shall terminate. If the permit is not reinstated within a period of six (6) months from the date the permit becomes null and void, the city council may order the R-PUD to be vacated.
The planning commission shall, in the instance of every application submitted under this regulation, especially consider architectural, landscape and other relationships, which may exist between the proposed development and the character of the surrounding neighborhood and shall prescribe and require such physical treatment or other limitations as will, in its opinion, enhance the neighborhood character.
Height limitations for structures may be modified by the planning commission, with respect to any structure proposed in an application for an R-PUD permit if the normal requirements for open areas on the premises are modified as follows: Any residential structure exceeding three (3) stories in height or thirty-five (35) feet shall be set back from all R-PUD boundary lines at least one (1) additional foot for each foot of height above thirty-five (35) feet above the average finished floor level (FFL) at the perimeter of such structure.
Setbacks along boundary lines of an R-PUD, and off-street parking requirements applicable in any district shall in no event be diminished by the planning commission, but the planning commission may require that open parking areas be screened by walls, fences, or plant material, or by both methods in order to preserve or complement the general character of any existing developments on adjacent properties.
The planning commission may explicitly impose special conditions relating to any development under this section. These conditions may relate to, but need not be limited to, the following:
(1)
Conditions relative to the type and extent of improvements and landscaping.
(2)
Conditions concerning development, improvements, and maintenance of common ground.
(3)
Conditions relative to the maximum or minimum gross floor area per dwelling unit.
(4)
Conditions prohibiting the development of the property except in accordance with the provisions of the ordinance of the city council approving the preliminary development plan, and prohibiting the issuance of a building permit for any other use or development not in compliance with the above-mentioned city council ordinance.
(5)
In development wherein open spaces, recreational areas or other common lands are provided, the acreage of which is included in the available gross acreage used in the determination of the maximum number of allowable dwelling units in the development, such common land shall be conveyed by the developer in fee simple absolute title by warranty deed to a board of trustees. The trustee shall make provisions by trust indenture for the sole benefit, use, and enjoyment of the lot owners, present and future, or each subdivision authorized under the R-PUD procedure, for term of years certain. The term of years certain shall extend for a period of at least twenty (20) years, or for the duration of the subdivision or development, whichever period of time is less. Thereafter, fee simple absolute title shall vest in the then lot owners or owners of other real property as joint tenants. The rights of the joint tenants shall only be exercisable appurtenant to and in conjunction with their lot ownership or ownership of other real property. Any conveyance or change of ownership of any lot or other real property shall convey with it ownership in the common property. No lot owner or owner of other real property shall have the right to convey his interest in the common property except as an incident of the ownership of a regularly platted lot. Ownership of other real property in the development shall carry with it all the incidents of ownership of the common property although such is not expressly mentioned in the deed; provided, however, that no right of power conferred upon the trustees shall be revoked. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law in the state, setting forth the attorney's legal opinion as to the legal form and effect of the deeds and trust indentures. The deeds and indentures shall be approved by the city attorney as to legal form and filed with the county recorder simultaneously with the recording of the final subdivision plat or development plan.
At the option of the applicant, R-PUD may include land designated for dedication for public school or public park use, which land may be considered part of the gross acreage of the development in computing the maximum number of lots that may be created or dwelling units that may be authorized, provided that:
(1)
The area of the proposed R-PUD is at least sixty (60) acres in the case of public school dedication and thirty (30) acres in the case of a public park dedication and thus the dedication is approved by the appropriate school board or park commission.
(2)
The proposed R-PUD is recommended for approval by the planning commission and is approved by the city council.
(c)
Appeal. Upon the disapproval by the planning commission of an application for an R-PUD, the applicant may file an appeal with the city council requesting a determination from that body. A notice of appeal shall be filed within ten (10) days after the planning commission's report is received by the city council at a regular meeting. Notice of appeal to the city council shall be in writing and shall be filed in duplicate with the city clerk accompanied by a fee of seventy-five dollars ($75.00). The applicant shall have an additional thirty (30) days to file the appeal. The appeal shall set forth specifically wherein the application or the final development plan is consistent with good general planning practice, good site planning, can be operated in a manner that is not detrimental to the permitted developments and uses in the district, is visually compatible with the permitted uses in the surrounding area, and is desirable to promote the general welfare of the city.
Upon receipt of an appeal, the city council shall confer with the planning commission. The planning commission shall report thereon to the city council, detailing the relevant facts and considerations of the application. The city council may then affirm, reverse or modify, in whole or in part, any determination of the planning commission or may approve or disapprove any application upon which the planning commission has taken action. A majority vote of the whole city council shall be sufficient to affirm, reverse, modify, or amend any determination of the planning commission.
(Ord. No. 4807, as amended, § 13, 2-2-81)