§ 17.7.501. Planned unit developments.

A.

Intent. The intent of the PUD provisions of this code are:

1.

To provide an alternative form of development for residential housing projects within the city which permits increased flexibility and encourages ingenuity in design while preserving a quality of residential amenities equal or superior to that possible under conventional subdivision requirements. In order to qualify for approval as a planned unit development it must be demonstrated that the proposed project will:

a.

Adequately recognize and incorporate natural conditions present on the site;

b.

Efficiently utilize the land resources and provide increased economy to the public in the delivery of municipal services and utilities;

c.

Provide increased variety in the style and quality of residential dwellings available within the city;

d.

Preserve open space to meet the recreational, scenic, and public service needs; and

e.

Do all the above in a manner which is consistent with the objectives of the underlying zone and under conditions which will result in the creation of residential environments of sustained desirability.

2.

To distinguish between the various types of planned unit development projects permitted within the city and establish criteria and standards for the design of such development projects by developers and also guidelines for their evaluation by the city.

3.

To set forth the duties and responsibilities of developers and residents with respect to the approval, construction, and maintenance of such projects.

4.

To clearly establish the relationship of the city and the developer with respect to the review and approval of such projects.

Anyone not wishing to comply with the provisions of this section or conditions which may be attached by the city, as authorized herein may proceed to develop under the requirements for conventional subdivisions as provided elsewhere in this code.

B.

Permitted uses. The following buildings, structures and uses of land may be permitted within a PUD.

1.

Any use permitted within the underlying zone and those authorized under this section.

2.

Common areas and recreational facilities including, but not limited to, golf courses, swimming pools, tennis courts, club houses, recreational buildings, landscape parks and similar recreational facilities for the use and enjoyment of the residents.

3.

Driveways, streets, fences, walls, utility systems and facilities, common storage areas, ponds, landscape features and similar uses and structures incidental to the main use.

C.

Approval procedure. Anyone desiring to obtain approval to construct a planned unit development shall follow the procedure in Section 17.7.200 of this code. All applications for approval shall be accompanied by the materials required under Section 17.7.207.

D.

Project evaluation guidelines. The planning commission shall review the proposal and may recommend approval upon finding that:

1.

All plans, documents, and other materials required for consideration have been submitted in a form suitable for evaluation.

2.

The plan conforms in all respects to the design standards and criteria for the type of PUD proposed.

3.

The site is suitable for development as a PUD and such a project will be consistent with existing development in the vicinity and compatible with the Master Plan for the area.

4.

The arrangement of the buildings, roadways, open space and other project elements will result in a safe and attractive living environment equal or superior to that which would be provided under lot by lot development.

5.

The project, if developed, will accomplish the objectives for PUDs as stated under paragraph A. above.

The planning commission may require changes in the plan in order to more fully accomplish the intent of the PUD provisions. Such changes may include but are not limited to, adjustments in the density or the number of structures, relocation of project elements, redesign of the road system, increase in the amount of open space and provisions for the disposal of surface water drainage.

E.

Special provisions for single-family cluster projects.

1.

Area, density and lot size.

a.

The requirements for area, density, and lot size within single-family cluster project shall be as follows:

Zone	Min. Project Area (in Acres)	Max. D.U./Structure	Max Density (D.U./Acre Gross Project Area)	Min. Lot Size (in sq. ft.)
RA-1	10	1	1.0	20,000
R-1-20,000	10	1	2.0	16,000
R-1-15,000	10	1	2.3	11,500
R-1-12,000	10	1	3.0	9,000
R-1-9000	5	1	3.6	7,500
R-1-7500, R-2-7500, R-3-7500, & R-4-7500	4	1	4.3	6,000

 

For purposes of determining compliance with the standards set forth in the above table:

(1)

"Minimum project area" shall mean the total area located within the boundary of the project. The initial phase of any development shall contain all territory within the minimum project area. Subsequent additions to a project may contain less than the minimum project area as set forth in the above table provided that the addition represents a logical extension of the project and all other requirements are met.

(2)

"Gross project area" shall mean the total area within the project boundary, less that portion of the project area devoted to existing streets.

2.

Design criteria.

a.

Streets/travelways and pedestrian ways. The project shall be served by an internal street/ vehicular travelway and pedestrian system which provides safe and convenient access to each dwelling unit and adequate circulation within the project. To ensure continued adequacy and maintenance of the street/travelway and pedestrian systems within the project area, title to such systems shall: (1) be conveyed to the home owners association for the project area, established as part of the approval process, and held by them as a part of the common areas (private street option); or (2) subject to the prior approval of the city at the time of development approval, be dedicated to the city for public use (public street option).

(1)

Private street option. Where the plan provides that the travelway and pedestrian system is to be privately owned, the following shall apply:

a)

The layout of the travelway and pedestrian system shall be designed in a manner which discourages through traffic, but is consistent with the major street plan for the area.

b)

All dwelling units within the project shall be accessed only from the internal travelway and pedestrian system.

c)

Each vehicular entrance/exit to the project from the public street shall include an entrance monument identifying the name of the project and indicating the travelways are private. Such entrance monument may include a moveable gate capable of physically blocking vehicular access to the project.

d)

The cross-section of each travelway and pedestrian system shall conform to city standards for private streets. The standard of construction and quality of materials and workmanship for travelways, utility systems and other improvements shall conform to minimum city standards.

e)

The design shall provide adequate off-street parking for residents, visitors and storage of recreation vehicles as follows:

1)

Off-street parking: Not less than two spaces per dwelling unit. To be located other than in the front setback area or side setback area adjacent to a street. Not less than two shall be contained within a garage.

2)

Visitor parking: Not less than 0.25 spaces per dwelling unit in the project in addition to any area appurtenant to a dwelling unit. Spaces to be distributed throughout the project area.

3)

Recreation vehicles parking: Each project which proposes to retain ownership of private streets shall make provision for the off-street storage of recreational vehicles. Where the developer proposes to provided an RV storage area, such area shall contain not less than one hundred fifty square feet per dwelling unit, be readily accessible from the internal travelway system and be lighted and enclosed within a fence or wall. The area may also include enclosed storage units for the exclusive use of the residents.

f)

The layout and design of the travelway system shall provide for safe and convenient circulation within the project and be capable of ready access by emergency vehicles and personnel, as determined by the city.

g)

The content of the project documentation shall contain language which limits on-street parking to one side of the travelway.

h)

Where the proposed project area is adjacent to public streets, all required public improvements to the adjacent public street shall be constructed as a condition of approval.

i)

The total project area shall contain not less than ten acres.

j)

The project shall contain sufficient units to provide the revenue for maintenance of all intended common areas and facilities, as determined by an analysis and evaluation of anticipated cost for maintenance and replacement of common improvements and services.

(2)

Public street option. Where the plan provides that the travelway and pedestrian system is to be dedicated to the public, the following shall apply:

a)

All streets shall conform to city standards for right-of-way width, be improved in accordance with city standards and be dedicated to the city.

b)

Streets and pedestrian ways on the boundaries of the project shall conform to city standards for subdivisions.

c)

The layout of the residential street and pedestrian system shall be designed in a manner which discourages through traffic, but is consistent with the major street plan for the area, as follows:

1)

Except for arterial, collector and major residential streets, long, straight street segments should be avoided.

2)

The design of residential street systems should discourage through-traffic movement by the use of curvilinear alignment, cul-de-sac and similar design elements.

b.

Width of lot. Each interior lot shall be not less than sixty feet in width as measured at the designated setback line. Each corner lot shall be not less than seventy feet.

c.

Access to lots. Each lot shall abut upon and have access to a city street. The distance to said abutting side shall be not less than sixty feet except that the length of said abutting side may be reduced in accordance with the following: (I) the side abutting the street may be reduced to not less than thirty feet when the lot fronts upon a cul-de-sac or curve and the side lot lines radiate in such a manner that the width requirement will be met at a distance of not more than forty-five feet from the abutting front line, or (ii) the side abutting the street may be reduced to not less than twenty feet when the lot qualifies and is approved as a "flag lot."

d.

Setback of buildings. All dwellings shall be set back in accordance with setback lines shown on the final site plan provided that said setback lines shall be established in accordance with the following criteria.

(1)

Front setback. A minimum of twenty-five feet as measured from the right-of-way or walkway easement line as applicable, provided that in cul-de-sacs and flag lots the setback lines shall be at the depth where the width requirements are met, but in no case less than twenty-five feet.

(2)

Side setback—Corner lot. A minimum of twenty feet as measured from the right-of-way or walkway easement line, adjacent to the street.

(3)

Side setback—Interior lot lines. A minimum of five feet with a combined total for the two side yards of twenty feet, except that when part of a zero lot line or twin home project, the setback requirement on the zero lot line or common wall side shall be reduced to zero.

(4)

Rear setback. A minimum of twenty feet as measured from the rear lot line.

(5)

Variances authorized—Conditions. The council, subject to the prior recommendation of the planning commission, may approve a designated setback envelope for one or more lots within a PUD project at variance with the above standard, upon a finding that such variance is appropriate for the proper development of the lot and that such reduction will not result in the establishment of a hazardous condition.

e.

Open space. A portion of each project area shall be retained as useable common open space as a park, playground, trail or recreational facilities for the benefit of the residents, as follows:

(1)

Amount of common open space required. The amount of area to be retained as open space within a project shall be determined as follows:

Number of lots in project

×

Required open space area for zoning district (as set forth on following table)

=

Total amount of common

 

Zone	Minimum Required Common Open Space/Lot (in sq. ft.)
RA-1	20,000
R-1-20,000	4,000
R-1-15,000	3,500
R-1-12,000	3,000
R-1-9000	2,500
R-1-7500, R-2-7500, R-3-7,700 & R-4-7500	1,500

 

(2)

Location of common open space area. The open space areas shall be accessible and conveniently located for use by the residents. Land proposed to be used as pedestrian walkway, RV storage areas and isolated and small odd shaped parcels not practically useful or accessible shall not be included in meeting this open space requirement.

(3)

Open space status to be preserved. The designated open space area shall be maintained so that its use and enjoyment as open space are not diminished or destroyed. To assure that all designated open space area will remain as open space, the applicants/owners shall either.

i.

Dedicate or otherwise convey title to the open space area to the city for open space purposes; or

ii.

Convey ownership of the open space area to the homeowners association established as part of the approval of the PUD or to an independent open space preservation trust organization approved by the city. In the event this alternative ii is used, the developer shall also execute an open space preservation easement or agreement with the city, the effect of which shall be to prohibit any excavating, making additional roadways, installing additional utilities, constructing any dwellings or other structures, or conducting or allowing the conduct of any activity which would alter the character of the open space area from that initially approved, without the prior approval of the city. The appropriate method for insuring preservation shall be as determined by the city at the time of development approval; or

iii.

A combination of subsections i. and ii. above.

Where the proposed open space includes developed or useable space or facilities (tennis courts, pavilions, swimming pools) intended for the use by project residents, the organizational documents shall include provisions for the assessment of adequate performance guarantees required to secure the construction of required improvements including the costs of installation of all landscaping and common amenities, and also the preparation of a maintenance fee schedule, to be incorporated into the organizational documents, establishing the reasonable costs for maintenance of common facilities.

f.

Recreation vehicles parking. Each project shall contain an area for the storage of recreation vehicles in an amount not less than one hundred fifty square feet per dwelling unit. Said area shall by readily accessible from the street system and be lighted and enclosed within a fence or wall not less than six feet in height. The area may also include enclosed storage units for the use of the residents.

g.

Perimeter fencing. The outer perimeter of the project shall be enclosed in a continuous fence or wall (except for vehicular access points) having a height of approximately six feet. The design and type of fence and the location of any openings shall be approved as part of the final project plan.

F.

Special provisions for multiple family projects.

1.

Area, density and dwellings, units per structure.

a.

The requirements for area, density and dwelling units per structure shall be as follows:

	Min. Project	DU/Structure		Max. Density
Zone	Area	Min.	Max.	(DU/AC of Gross Project Area)
R-2-7500	4 acres	1	2	6.5
R-3-7500	4 acres	3	4	8.5
R-4-7500	3 acres	3	10	12.0

 

For purposes of determining compliance with the standards set forth in the above table:

(1)

"Minimum project area" shall mean the total area located within the boundary of the project. The initial phase of any development shall contain all territory within the minimum project area. Subsequent additions to a project may contain less than the minimum project area as set forth in the above table provided that the addition represents a logical extension of the project and all other requirements are met.

(2)

"Gross area" shall mean the total area within the project boundary, less that portion of the project area include in existing streets.

b.

The maximum number of dwelling units permitted within a PUD project (maximum allowable density) shall be determined by multiplying the number of acres of gross project area by the maximum density factor for the zone district in which the project is located.

2.

Design criteria.

a.

Streets, travelways and pedestrian walkways.

(1)

The project shall be served by an internal travelway system which provides safe and convenient access to each dwelling unit and adequate circulation within the project.

(2)

The city may accept dedication of any major access roads within the project. Any roads proposed for dedication to the city shall: (1) contain a minimum vehicle travel right-of-way of not less than forty-two feet in width and be, improved in accordance with city standards, (2) be designed to provide continuous forward motion through the project except for approved cul-de-sacs, and (3) not provide direct access to any individual off-street parking spaces.

(3)

Pedestrian walkways (sidewalks) shall be provided adjacent to any public street in locations approved by the city. The corridor containing the pedestrian walkway shall be not less than five feet in width when located apart from the public street or four feet when located contiguous thereto. Access to and use of the walkway by the public shall be secured through the attachment of a travel and public utility easement or by dedication to the city as part of the dedication for the adjacent street. All walkways shall be improved in accordance with city standards.

(4)

Private travelways shall provide safe and convenient vehicular movement to and from all off-street parking spaces. Private travelways shall have a minimum travel surface of not less than twenty-four feet and be bordered by a cement curb. Except when serving as the driveway for eight parking spaces or less, the portion of the driveway not abutting off-street parking spaces may be reduced to a travel surface of sixteen feet in width. No on-street parking shall be permitted on travelways not conforming to city standards for public streets. Unless otherwise provided for in the design, sidewalks shall be provide along at least one side of the travelway.

b.

Off-street parking and RV storage.

(1)

Off-street parking shall be provided at the rate of two resident parking spaces per dwelling unit plus 0.25 spaces per unit for visitor parking. All resident parking spaces shall be located within one hundred feet of an entrance door to the dwelling unit they are intended to serve.

(2)

All parking spaces and areas shall be designated and constructed in accordance with city standards.

(3)

Not less than one space shall be covered and designated for the exclusive use of a specific unit. Where a covered parking space is enclosed in an attached garage, such space shall be setback not less than twenty feet from any adjacent travelway if a park strip is present between the sidewalk and adjacent travelway, or twenty-five feet if the travelway consists of a combination curb, gutter and sidewalk.

(4)

Each project shall contain an area for the storage of recreation vehicles in the amount of one hundred fifty square feet per dwelling unit. Said area shall be lighted and enclosed within a fence or wall not less than six feet in height and shall be readily accessible from the development street system. Said area may also include enclosed storage units for the use of the residents.

c.

Building location.

(1)

Buildings shall be separated from one another a distance of not less than the combined height of the adjacent structures or thirty feet, which ever is greater.

(2)

Buildings located adjacent to public streets shall be set back a minimum of thirty feet as measured from the right-of-way or pedestrian way line, as applicable.

(3)

No building containing a dwelling or otherwise used for human habitation or having a height of fifteen feet shall be located closer than twenty feet to any adjacent property line.

d.

Common open space—Sealed surface. Not less than twenty percent of the net project area of the development shall be retained as common open space, parks, playgrounds, and recreational facilities for the use and benefit of the residents. Land proposed to be used for parking, pedestrian walkway area, driveways, RV storage, private open space or land surrounding structures required to conform with building location or setback requirements and isolated small parcels not practically useful or accessible to the residents shall not be included in meeting this open space requirement.

e.

Private open space. Each unit shall have a private outdoor living area as follows:

(1)

Ground floor dwellings. Each dwelling shall have an appurtenant private patio, atrium or similar open space having a minimum area of three hundred square feet and a minimum dimension of twelve lineal feet. Such space shall be designed for the sole enjoyment of the dwelling occupants and shall be directly accessible from a room within the dwelling. The city may require that said area be enclosed with a fence, wall, or similar enclosure to provide privacy.

(2)

Above ground dwellings. Each dwelling shall have an appurtenant private balcony having a minimum area of two hundred square feet and a minimum dimension of eight lineal feet.

f.

Private storage space. Each dwelling shall have not less than two hundred twenty-five cubic feet of enclosed, waterproof and lockable private storage space adjacent to or within the immediate vicinity of the unit. Said space may be located within the private open space area provided for under subsection e.(1) above, in conjunction with and as an integral part of the covered parking structure required under subsection b.(3) above, or other location approved by the city.

g.

Landscaping. All area not otherwise occupied by buildings, parking, roadways, etc. shall be landscaped.

h.

Sealed surface. Notwithstanding any of the above, not more than fifty percent of the gross area of any development shall be covered by buildings, paving or other surface which would prohibit the downward percolation of surface water.

i.

Solid waste disposal. The development shall provide solid waste disposal facilities as follows:

(1)

Common disposal facilities. Where common disposal facilities are to be used they shall be conveniently available to all dwelling units and readily and safely accessible to maintenance equipment and shall be enclosed with a solid fence or walls not less than six feet in height.

(2)

Individual disposal facilities. Where the project design permits, individual waste disposal methods may be used.

j.

Perimeter fencing. The outer perimeter of the project shall be enclosed in a continuous fence or wall having a height of approximately six feet in height, provided that this provision may be waived along boundaries which are adjacent to or abutting upon a street or travelway.

k.

Utilities.

(1)

Culinary water. Each dwelling unit shall be serviced by the city's water system. The city may require individual water connections and meters for each unit or at their discretion authorize the use of oversize connections and a master meter for the project. Each unit shall be equipped with an easy accessible shutoff valve.

(2)

Sewer. Each unit shall be connected to the city's sewer system either by an individual or common lateral whichever is determined applicable by the city.

(3)

Utilities to be underground. All utility systems shall be placed underground.

l.

Disposal of surface water. All surface water generated as a result of development of the project shall be disposed of within the site. The plan shall provide a statement, including calculations, showing the amount of water to be accommodated and the drainage patterns and methods of disposal. All such facilities shall be in accordance with city standards as directed by the city engineer.

G.

Reserved.

H.

Combined developments. The following rules shall apply where a proposed project contains land in more than one zone.

1.

Maximum density. The allowable maximum density of the project shall be the sum of the density for each of the individual zone areas within the project as determined in accordance with the provisions of paragraphs E.1., F.1. and G.1.

2.

Distribution of housing types. The type of housing permitted within the various parts of a combined development shall be in accordance with the requirements of the underlying zone (i.e. multi-family units shall not be allowed in R-1 zones).

3.

Open space. Common open space areas and RV parking may be combined and located in any portion of the project area.

I.

Improvement requirements. Construction of all public and common improvements shall be the responsibility of the project developer and shall be constructed in accordance with city standards or as specified on the approved plans. All common improvements shall be installed/constructed prior to, or at forty percent build-out of the project. Building permits for the construction of dwelling units beyond forty percent build-out shall not be granted until all common improvements are constructed. Performance guarantees to ensure the construction of all such improvements shall be provided in accordance with city requirements.

J.

Document requirements. The following documents shall be prepared and submitted by the developer for each planned unit development.

1.

Article of incorporation for home owner's association.

2.

Corporation by-laws.

3.

Covenants, conditions, restrictions and management policies.

4.

Management agreement.

5.

Open space easement.

6.

Sales brochure.

7.

Documents conveying water rights to the city (as applicable).

(Ord. No. 95-10-41; Ord. No. 06-03-16; Ord. No. 05-05-18; Ord. No. 06-05-23; Ord. No. 2013-05-18, § 1, 5-14-2013; Ord. No. 2014-01-01 , § 1, 1-14-2014)