§ 605.9. Planned Unit Development Supplemental District-Commercial.
The Planned Unit Development, herein referred to as PUD, is a special zoning district category that provides an alternative approach to conventional land use controls. The PUD may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to Master Design Statement and a Master Development Plan. The PUD is subject to special review procedures and, once approved by the City Council, it becomes a special zoning classification for the property it represents.
605.91.
Purpose.
The intent of the Planned Unit Development District-Commercial is:
1.
Encourage the unified design of commercial facilities and to provide for integrated developments having harmony of design and variety of function while maintaining appropriate limitations on the character and intensity of use, assuring compatibility with adjoining and proximate properties.
2.
Permit flexibility within the development to maximize the unique physical features of the particular site and a pattern of development that preserves outstanding natural topography, geological features, and prevents soil erosion.
3.
Provide for a creative approach to the use of land and related physical development and provide greater flexibility in the design of buildings, courts, and circulation, that would not otherwise be possible through the strict application of zoning district regulations.
4.
Encourage efficient use and re-use of land, and facilitate economic arrangement of buildings and circulation systems.
5.
Achieve a continuity of function and design within the development that results in an economically feasible project which conforms to the comprehensive plan and is compatible with development patterns in the surrounding neighborhood.
6.
Provide a tool for negotiating modifications in design regulations in order to achieve innovative design solutions that will protect the health, safety, and general welfare of the citizens.
The PUD District is designed to provide for small and large-scale development incorporating commercial and permitted related noncommercial uses that are planned and developed as a unit.
605.92.
Approval.
Commercial planned unit developments (PUDs) may be allowed in any commercial district upon review by Planning Commission and approval by City Council. No PUD approval shall be granted unless the development meets the use, density, and other limitations of the zoning district in which it is located, except as such requirements may be lawfully modified as provided by this code. Compliance with the regulations of this code in no way excuses the developer from the applicable requirements of a subdivision ordinance, except as modifications thereof are specifically authorized in the approval of the application for the PUD.
605.93.
Effect of commercial planned unit development approval.
1.
Approval of a commercial PUD application by the City Council adopts the commercial PUD Master Development Plan prepared by the applicant and reviewed as part of the application. The commercial PUD Master Development Plan establishes new and specific requirements for the amount and type of land use, development regulations, and location of specific elements of the development such as screening and points of entry.
2.
The commercial PUD classification supplements any previous zoning district classification for the parcel.
3.
Where there is no provision in the commercial PUD Master Development Plan for special development regulations, the requirements of the most restrictive conventional zoning district in which a proposed use or a structure is permitted shall be applied to the development.
605.94.
Uses permitted in commercial planned unit developments.
A commercial PUD may include commercial uses allowed in the Office Districts, Restricted Commercial District, Planned Shopping Center District, and Convenience Commercial District, however no use is permitted in a commercial PUD unless it is a permitted use within the underlying zoning district designated for the property on which the commercial PUD is being proposed. If commercial use is not permitted in the zoning district in which the development is to be located, a change of zoning district shall be required and must be accompanied by an application for a zoning amendment. The commercial uses allowed within the proposed PUD shall be further governed by the requirements of the commercial PUD Master Development Plan.
605.95.
Site review requirements.
Because the PUD provides the opportunity for higher densities, greater design flexibility, mixed land uses, and improved marketability; the applicant should be prepared to provide amenities and services that might not be required or possible in a conventional development. Review and approval of a PUD is, therefore, a process of negotiation between the City of Yukon and the applicant to achieve the intents and purposes of these regulations and the comprehensive plan. The following factors should be specifically included as review criteria for the evaluation of a PUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals.
605.951.
Design Standards.
1.
The proposed commercial PUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of adjacent land uses and zoning districts.
2.
Design of the commercial PUD may provide for modification of conventional zoning ordinance requirements for such elements as yard areas, densities, setback and height on individual lots in accordance with the commercial PUD Master Development Plan.
3.
Density, land use, and intensity of use requirements shall be based on the Master Development Plan and shall be reviewed carefully to ensure the general health, safety, and welfare of the community.
4.
Building code requirements shall not be reduced in the design of a PUD.
5.
Location of all buildings and improvements shall be shown in the PUD Master Development Plan.
6.
Screen undesirable views, such as service areas and trash receptacles, from pedestrian views and public streets.
605.952.
Arrangement.
Where feasible, uses with the least height, density, and impact shall be arranged around the boundaries of the development.
605.953.
Specific Regulations.
Lot area, width, yard, height, density, and coverage regulations shall be determined by the approval of the PUD Master Development Plan.
605.954.
Landscaping and signs.
1.
Landscaping, fencing, and screening related to the use within and along the perimeter of the site shall be planned and a concept plan presented to the Planning Commission for approval and as a means of integrating the proposed development into its surroundings. A planting plan showing proposed tree and shrubbery plantings shall be prepared and a schedule for planting included in the PUD Master Development Plan. The Property Owners Association Agreement shall provide for maintenance and upkeep of the landscaping. A grading and drainage plan shall also be submitted to the Planning Commission with the application. Consideration should be given to the location of trees and shrubs, so that when they reach mature height and size they do not interfere with utility services. Property owners shall keep vegetation trimmed so that it does not obstruct the free, convenient and safe travel over and along streets and sidewalks.
2.
The size, location, design, and nature of any signs as well as the intensity and direction of area or floodlighting shall be detailed in the application.
605.955.
Location Requirements and Area Requirements.
1.
A PUD may be permitted in any commercial district set forth in 605.94.
2.
No PUD shall have an area not less than two (2) acres.
605.956.
Ownership.
The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
605.957.
Site Illumination.
Provide site illumination that is designed, located, and installed to achieve specific average footcandles in order to provide safe pedestrian and vehicle circulation as well as minimize adverse impacts on adjacent properties. This standard shall apply to light poles and/or wall mounted luminaries for all areas within the site to achieve the following standards:
1.
Provide site illumination to achieve maintained average of three footcandles (not less than .75 footcandles) throughout all parking areas;
2.
Provide site illumination to achieve a maintained average of six footcandles (not less than 1.5 footcandles):
a.
Along pedestrian walkways and common areas;
b.
Within areas of concealment in need of visual access;
c.
At all building entries and exits.
3.
Provide site illumination that is designed, located, and installed in a manner to minimize light trespass on adjacent properties by utilizing cutoff luminaries, house-side shields, and/or light-limiting accessories where needed.
605.958.
Offstreet Parking Requirements.
All required parking spaces for commercial uses shall be provided on the lot containing the use they are intended to serve or in a common parking area. Common parking areas serving commercial uses shall be designed and located in an accessible manner to the uses they serve. The use of public right-of-way for parking shall be prohibited. Provisions for the ownership and maintenance of common parking that will ensure its continuity and conservation shall be incorporated in the PUD Master Development Plan, Property Owners Association Agreement and subdivision plat, in compliance with the provisions of Section 406 of the Zoning Ordinance and Article IV of the Subdivision and Platting Regulations.
605.959.
Open Space.
Common open space constitutes an essential ingredient in a PUD and is one of the most important design elements. Open space should be distributed more or less equitably throughout the PUD in relationship to the commercial buildings that are intended to be served by the open space. Adequate guarantees must be provided that the common open space areas are preserved and maintained for those purposes only. A property owners association shall be required to improve, operate, and maintain all such common open space areas, and other communally owned facilities.
A minimum of ten (10) percent of the gross area of commercial property of any PUD shall be designated as landscaped open space not to be used for streets or parking.
605.960.
Streets and Alleys.
Proposed streets and alleyway modifications shall satisfy the following criteria:
1.
Street right-of-way and paving widths shall be adequate to provide traffic carrying and utility installation capacity related to the design of the overall street system, the function of the individual street, and the land uses served.
2.
Private streets shall be clearly marked "Private street not maintained by the City of Yukon."
3.
Private streets and alley modifications shall satisfy the criteria for public facility modifications. Construction must meet City standards at the time of installation and is subject to inspection by the City.
4.
Private streets shall not be connected to an adjacent parcel that is not a part of the PUD in order to discourage the circulation of traffic into and through the private street system.
5.
Proposed gated entrances to a PUD shall be reviewed to ensure the accessibility of emergency vehicles at all times.
6.
The owner/applicant shall clearly demonstrate the existence and capability of a property owners' association to provide the ongoing and long-term maintenance of the private street and alley facilities that will not be provided by the City.
7.
Street design should be innovative and restrict through traffic from other areas as much as possible.
8.
Encouragement should be given to design of short local streets serving limited areas.
9.
Reduction of design widths on street design in a conventional pattern should not be approved.
605.97.
Bulk and Area Requirements.
Except as otherwise noted, all measurements for lot coverage and setbacks shall include roofs, eaves, and overhangs.
605.971.
Setbacks.
All lot line set backs shall be addressed in the PUD Master Development Plan.
605.972.
Building Height.
The height of all commercial structures shall be set in the PUD Master Development Plan and as determined by the Planning Commission.
605.98.
Administration of Planned Unit Development.
Subject to § 605.956 hereof, any person, corporation, partnership, association, or combination thereof, owning or possessing a property right or interest in or to a tract meeting the site requirements for a PUD may make application for a PUD Master Development Plan and a supplemental zoning district designation PUD.
An application for the approval of a Master Development Plan and the supplemental district designation (i.e., C-1 PUD) may be processed simultaneously with and contingent upon an application for an amendment to the zoning map.
605.981.
Pre-application Conference.
Before submitting an application to rezone property to the PUD District, the applicant shall confer with the Community Development Director and/or his designee in order to become familiar with the PUD review process. The Community Development Director and/or his designee will inform the applicant of potential problems that might arise and information required for filing the application.
At the pre-application conference, the applicant should provide the following:
1.
Boundaries of the property involved.
2.
Existing roadways, easements, and waterways.
3.
A general plan of development at a level of detail sufficient to indicate the nature and scope of the project including:
a.
The location and extent of commercial elements.
b.
Proposed locations of major open space areas.
c.
Location of major circulation facilities.
d.
Proposed treatment of the perimeter of the PUD bordering other zoning districts.
605.982.
Required Submissions.
Following the Pre-application Conference, an application for a PUD may be filed with the Planning Commission. The application shall be accompanied by the payment of a one thousand five hundred-dollar ($1,500.00) fee. The application shall be in such format and content as the Planning Commission may by resolution establish; provided, that three (3) copies of a PUD Master Development Plan shall accompany the filing of the application. The Master Development Plan shall include but not be limited to the following design statement and graphic elements:
1.
Design Statement. The design statement is a written report submitted as part of the PUD Master Development Plan containing a minimum of the following elements:
a.
Title of the PUD.
b.
List of the Property Owners and/or developers (including all contact information, including e-mail address(es)).
c.
Specific location of the proposal, and a legal description of the property, and the approximate phases and sequence in which the development is proposed to be built, if any.
d.
Reference to the comprehensive plan policy for the subject property, including a map showing zoning and land uses within a minimum of 300 feet of the subject property.
e.
An explanation of the character of the planned development.
f.
An acreage or square foot breakdown of land use areas and density proposed.
g.
Gross area, lot area, and open space calculated to the nearest square foot.
h.
A general description of building types, sizes, and proposed architectural style.
i.
Existing and Proposed Land Uses.
j.
A description of the following physical characteristics of the existing site: elevation, slope analysis, soil characteristics and tree cover.
k.
Drainage information delineating F.E.M.A. 100-year flood plain levels.
l.
A statement of utility lines and services to be installed, including which lines will be dedicated to the City and which will remain private.
m.
A description of lighting for the development.
n.
A description of trash collection facilities for the development.
o.
A description of sidewalks and pedestrian paths within the development.
p.
A description of screening and landscaping for the development, including any required buffering.
q.
Covenants and restrictions for the development establishing perpetual maintenance and improvement responsibilities for all common areas, drainage improvements, development entrance landscaping, gated entryways, and other amenities. All amenities that serve the development as a whole should have their perpetual maintenance and improvements provided for in the covenants and restrictions.
r.
Assurances that the City of Yukon shall be entitled to enforce covenants pertaining to maintenance of common areas, drainage, structures, landscaping, gates, entrances, streets, alleys and other improvements.
s.
A statement on the existing and proposed streets, including right-of-way standards and street design concepts.
t.
Maintenance plan pertaining to all common areas, drainage improvements, landscaping, entry gates, and other amenities serving the development.
u.
A schedule setting forth the size, location and contents of all street signs.
v.
A schedule of proposed street names and mailing addresses.
2.
Graphics. The applicant shall provide graphic representation of the following:
a.
Proposed land uses including public uses and common open space.
b.
Location of all setback lines and maintenance easements required.
c.
Vehicular and pedestrian circulation plan.
d.
Parking, loading, and paving plan.
e.
Stormwater drainage plan.
f.
Landscaping plan.
g.
Delineation of any proposed construction phasing of the PUD.
h.
Proposed signage.
i.
Right-of-way, easements, and utility locations.
j.
Indication of existing natural features of the property, including water features, floodplains, unique natural features, and vegetation.
k.
Topography (if deemed necessary by the Community Development Director during the pre-application conference.)
l.
Building elevations.
3.
Phased Development Schedule. The applicant shall provide a description of the proposed sequence and schedule of development.
The PUD Master Development Plan shall include sufficient text and graphics for the Community Development Director, Planning Commission, and City Council to determine if all of the requirements of this Section are met. Information not listed above but deemed necessary by the Community Development Director during the pre-application conference shall be put in writing and be required for inclusion in the PUD Master Development Plan.
605.983.
Public Hearing and Planning Commission Action.
The Planning Commission, upon the filing of an application for the supplemental district designation PUD, shall set the matter for public hearing and give twenty (20) days of notice thereof by publication in a newspaper of general circulation in addition to other notice requirements. Additional notice shall be given by the posting of a sign or signs on the property. Within a reasonable time from the filing of an application, the Planning Commission shall conduct the public hearing and shall determine:
1.
Whether the PUD is consistent with the Comprehensive Plan;
2.
Whether the PUD harmonizes with the existing and expected development of surrounding areas;
3.
Whether the PUD is a unified treatment of the development possibilities of the project site;
4.
Whether the PUD is consistent with the stated purposes and standards of this section.
After notice and public hearing, the Planning Commission shall vote to:
1.
Recommend to the City Council that the application be approved as submitted, or as amended, or be approved subject to modification; or
2.
Deny the application.
An application recommended for approval, or approval subject to modification, shall be transmitted to the City Council along with the report and recommendation of the Planning Commission within fifteen (15) days from the date of Planning Commission action.
An application that has been denied by the Planning Commission shall not be considered further unless the applicant files a written request with the City Clerk for a hearing within fifteen (15) days from the date of the Planning Commission action. A fee of fifty dollars ($50) shall accompany the request. Upon notice of such request and receipt of the required fee, the Planning Commission shall transmit the application, recommendation, and a copy of Planning Commission minutes on the hearing to the City Council. The City Clerk shall notify all interested parties of record before the Planning Commission proceedings of the time and place of the consideration of the appeal.
605.984.
City Council Action.
Upon receipt of the application, PUD Master Development Plan, and Planning Commission recommendation, the City Council shall hold a hearing, review the PUD Master Development Plan, approve, disapprove, modify, or return the PUD Master Development Plan to the Planning Commission for further consideration.
Upon approval, the Zoning Map shall be amended and the applicant shall be authorized to process a subdivision plat incorporating the provisions of the PUD Master Development Plan.
605.985.
Planned Unit Development Commercial Plat.
A commercial PUD plat shall be filed with the Planning Commission and processed in accordance with the Commercial District Regulations. In addition to the requirements of the Commercial District Regulations, the PUD commercial plat shall include:
1.
Details as to the location of uses and street arrangement;
2.
Provisions for the ownership and maintenance of the common open space to reasonably ensure its continuity and conservation. Open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the City Council;
3.
Covenants to reasonably ensure continued compliance with the approved PUD Master Development Plan. Covenants shall provide that the City of Yukon may enforce compliance.
605.986.
Issuance of Building Permits.
No building permits shall be issued on lands within the PUD except in accordance with the approved commercial PUD plat filed of record with the County Clerk.
605.987.
Deviations from Approved PUD.
No deviation from the approved PUD is authorized without one of the following:
1.
If, in the opinion of the Community Development Director and/or his designee, the proposed deviation from the approved PUD is minor and does not have the potential to detrimentally affect the citizens of Yukon or the proprietors in the development, a written application shall be submitted to the Planning Commission. An application for deviation shall be accompanied by the payment of a fee of Five Hundred Dollars ($500.00).
At its next regularly scheduled meeting, the Planning Commission shall consider the application. The Planning Commission shall:
A.
Approve the application as submitted;
B.
Approve the application as it may be amended;
C.
Approve the application subject to conditions, modifications or subsequent review; or
D.
Deny the application.
An application which has been denied or approved, subject to conditions, modifications or subsequent review to which the applicant takes exception may, upon written request of the applicant, received not more than ten (10) days after such action, be heard by the City Council. The City Council shall hold a hearing on each application transmitted pursuant to this section and shall:
A.
Approve the application as submitted;
B.
Approve the application as it may be amended;
C.
Approve the application subject to conditions, modifications or subsequent review; or
D.
Deny the application.
2.
If in the opinion of the Community Development Director, the Planning Commission or the City Council, the proposed deviation from the PUD is a significant departure therefrom, there shall be a new PUD application filed, pursuant to the terms of § 605.98 hereof.
605.988.
Abandonment.
If the property owner determines to abandon the PUD zoning, he shall make application for rezoning either to the original status or to a new classification. Said application shall be heard according to regular procedures by the planning commission and the city council.
605.989.
Revocation.
The Planning Commission shall recommend to the City Council and the City Council may revoke any previous PUD approval under the following conditions:
1.
If the applicant has not begun construction of improvements within three (3) years from the date of the adoption of the Ordinance by the City Council, except where a time extension has been granted by the City Council;
2.
If the applicant does not adhere to the design statement approved by the City Council as part of the PUD Master Development Plan; or
3.
If the applicant does not adhere to the phased development schedule as approved by the City Council.
605.980[605.990] through 605.999.
Reserved.
(Ord. No. 1115, § 1, 5-6-2003; Ord. No. 1268, § 1, 8-2-2011)