HomeMy WebLinkAbout033 - 03/03/1981 - REPEALING AND REENACTING SECTION 83 OF CHAPTER 118 OF THE CITY CODE BEING A PART OF THE ZONING CODE ORDINANCE NO 33 , 1981
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING SECTION 83 OF CHAPTER 118
OF THE CODE OF THE CITY OF FORT COLLINS BEING
A PART OF THE ZONING CODE INSOFAR AS IT RELATES TO
UNIT DEVELOPMENTS
WHEREAS, the laws of the State of Colorado and the Charter of the
City of Fort Collins provide for regulation of land use development,
and
WHEREAS, the City has adopted a Land Use Policies Plan which contains
provisions calling for the development of a Point Assessment System for the
evaluation of development, and
WHEREAS, the City has adopted an Energy Conservation Plan which calls
for development in a manner that conserves energy and maximizes the use of
renewable energy resources, and
WHEREAS, the Land Development Guidance System for Planned Unit
Developments provides flexibility for land use in a manner consistent with
the Land Use Policies Plan and the Energy Conservation Plan as adopted,
and
WHEREAS, the System allows for a mixed land use pattern provided
adverse impacts of land uses are minimized, and
WHEREAS, the System contains criteria for the evaluation of develop-
ment which provides for a clear and consistent understanding of the de-
velopment review process, and
WHEREAS, the System provides for appropriate development of infill
areas and new developing areas, and
WHEREAS, the System sets forth absolute and variable criteria which
are used to evaluate a development to determine whether approval would be
in the public interest, and
WHEREAS, the System is designed to provide for the development of
compatible land uses, and
WHEREAS, the System has been publicized throughout the community and
the public has had numerous opportunities to comment, and
WHEREAS, the Planning and Zoning Board reviewed and unanimously
recommended approval of the Systen to the City Council, and
WHEREAS, the City Council finds that the adoption of the Land De-
velopment Guidance System for Planned Unit Developments is in the best
interests of the public health, safety, and welfare
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS AS FOLLOWS
Section 1 That Section 118-83 (Unit Developments) of the Code of
the City of Fort Collins be, and the same hereby is, repealed in its
entirety and reenacted as the Land Development Guidance System for Planned
Unit Developments to read as follows
II §118-83 LAND DEVELOPMENT GUIDANCE SYSTEM FOR PLANNED UNIT DEVELOP-
MENTS
A Title
This Ordinance shall be known, cited, and referred to as the
Land Development Guidance Systen for Planned Unit Developments
8 Purpose
The purpose of this Section is to improve and protect the public
health, safety and welfare by pursuing the following objectives
(1) To ensure that future growth and development which occurs is
in accord with the adopted elements of the Comprehensive
Plan and all the planning policies of the City
(2) To encourage innovations in land development and renewal
(3) To foster the safe, efficient, and economic use of the
land, transportation, public facilities and services
(4) To facilitate the provision of adequate public services such
as transportation, water, sewage, storm drainage, electri-
city, open space, and public parks
(5) To avoid the inappropriate development of lands and provide
for adequate drainage and reduction of flood damage
(6) To encourage patterns of land use which decrease trip length
of automobile travel and encourage trip consolidation
(7) To increase public access to mass transit, bicycle routes and
other alternative modes of transportation
(8) To reduce energy consumption and demand
(9) To minimize adverse environmental impacts of development
I
(10) To improve the design, quality and character of new develop-
ment
(11) To foster a more rational pattern of relationship bet% een
residential , business, and industrial uses for the mutual
benefit of all
(12) To encourage development of vacant properties within esta-
blished areas
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C Process
(1) General
The criteria that must be addressed in the planned unit
development plan are contained in the following sections
The specific criteria which a development proposal must
satisfy are dependent upon the type of land use being pro-
posed The Land Development Guidance System divides all land
uses into the following ACTIVITY categories
A All Development
B Neighborhood Service Center
C Community/Regional Shopping Center
D Auto-Related and Roadside Commercial Uses
E Business Service Uses
F Industrial Uses
G Extraction, Salvage and Junk Yard Uses
H Residential Uses
In single or mixed land use developments, each use must
satisfy all applicable criteria of the appropriate ACTIVITY
category of which it is a part In addition, every land use
must satisfy the criteria in the A -- ALL DEVELOPMENT cate-
gory The City may determine that a criterion is irrelevant
and does not apply to the proposed development A variance
from the strict application of any of the criteria may be
granted in accordance with this section
(2) Types of Criteria
Each ACTIVITY category contains numbered and lettered cri-
teria Numbered criteria are absolute requirements each
development must satisfy before approval can be granted
These include assuring neighborhood compatability and compli-
ance with adopted official plans, minimum engineering and
public service requirements, and environmental standards
Each of the applicable numbered criteria must be answered YES
before approval can be granted
Lettered criteria are the "points" or variable criteria of
the system Each development must achieve a specified
minimum percentage of these criteria A score above the
minimum percentage specified on POINT CHART A, may be
used to receive additional residential units as proviaed on
the DENSITY CHART The numbered criteria are designed to
address public service requirenents and reduce negative
external impacts of development and the lettered or "points"
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criteria focus on the actual design of a project and include,
but are not limited to street and building layout, open
space, landscaping, pedestrian and bicycle circulation,
architectural design, and, some general location factors
The design of a site plan is evaluated against the lettered
criteria and scored on a POINT CHART that follows each of the
ACTIVITY categories The DENSITY CHART calculates the
maximum number of dwelling units that will be permitted on a
particular site The applicant follows the chart step-by-
step to calculate the number of units that will be permitted
(3) Evaluation
The performance of a particular development plan shall be
evaluated as follows
(a) Numbered Criteria Each of the numbered criteria is
answered YES, NO, or NOT APPLICABLE A NO answer to any
of the applicable numbered criteria will automatically
exclude the development from further consideration
(b) Lettered Criteria The development plan is evaluated
against each of the applicable lettered criteria and
assigned a score The numerical score is assigned based
upon the following
YES (+1) = for an adequate job of implementing the
criterion
VERY WELL (+2) = for an excellent job of implementing
the criterion or for doing the best job
possible, given the constraints and
opportunities of the site
NO (0) = for no effort or failure to implement the
criterion
Each lettered criterion has been preassigned a MULTI-
PLIER which determines the relative importance of that
criterion to the other criteria The meaning of each
MULTIPLIER is as follows
5 - indicates that the criterion is of exceptional
importance
4 - indicates that the criterion is very important
3 - indicates that the criterion is important
2 - indicates a criterion of normal importance
1 - indicates a minor criterion
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The points earned for each criterion are the product of
multiplying the SCORE times the MULTIPLIER The MAXIMUM
POINTS POSSIBLE in each chart are added together and the
POINTS EARNED are added together to get TOTALS By
dividing the TOTAL POINTS EARNED by the TOTAL MAXIMUM
POINTS POSSIBLE, the PERCENTAGE EARNED is determined
The PERCENTAGE EARNED must be at least the minimum
percentage specified for that ACTIVITY category
The POINTS EARNED and the TOTAL MAXIMUM POINTS POSSIBLE
from charts B through F must be added and calculated on
POINT CHART A -- ALL DEVELOPMENT Thus, POINT CHART A
is a summary evaluation of the performance of both
single and mixed land use projects
(c) Residential Density The maximum number of residential
units that will be permitted on a particular site is
calculated on the DENSITY CHART The DENSITY CHART also
allows for optional earned bonuses for residential
development Using the applicable measurements, the
BASE UNITS would be calculated and multiplied by the
BONUS FACTOR to get the maximum TOTAL UNITS All
residential development must fall within three dwelling
units per acre and the TOTAL UNITS as calculated on the
DENSITY CHART
D Design Standards and Criteria
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ACTIVITY All Development JAI .'
DEFINITION
All land uses must be reviewed against the criteria in this section
CRITERIAEach of the following applicable criteria must be
answered "yes" and implemented within the development
plan
Neighborhood Impact & Quality
ANY NEGATIVE OR ADVERSE IMPACTS OF ANY PROPOSED USE
UPON ANY NEIGHBORING USE SHALL BE MITIGATED IN THE
PLANNED UNIT DEVELOPMENT PLAN THE CONFLICTS THAT ARE
PRESUMED TO EXIST BETWEEN LAND USES AND METHODS BY
WHICH THOSE CONFLICTS CAN BE RESOLVED ARE EXAMINED IN
ADMINISTRATIVE GUIDELINES PERTAINING TO LAND USE
CONFLICTS WHEN TWO ADJACENT PARCELS ARE DEVELOPED
SIMULTANEOUSLY, THE RESPONSIBILITY FOR MITIGATING
CONFLICTS IS UPON THE MORE INTENSE USE WHEN A USE IS
THE FIRST TO DEVELOP ON TWO ADJACENT VACANT PARCELS,
THE FIRST USE SHALL PROVIDE THE NECESSARY BUFFER TO ANY
REASONABLE FUTURE USE AS DETER14INED BY THE CITY THE
SECOND USE TO DEVELOP SHALL, AT THE TIME IT DEVELOPS,
TAKE ALL ADDITIONAL STEPS NECESSARY TO MITIGATE CON-
FLICTS THE CITY WILL DETERMINE COMPATABILITY OF A
PROJECT BASED UPON THE EVIDENCE PRESENTED IN RESPONSE
TO THE FOLLOWING CRITERIA DESCRIBED IN 111" THROUGH "4"
BELOW
I Does the development eliminate any potential
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Yes No NA
nuisances including, but not limited to blowing ❑ ❑
dirt and litter, noise, odor, and glare
2 Is the development compatible with the adjacent
properties and neighborhood including, but not
limited to scale and identity, bulk, materials, ❑ ❑
and disposition of buildings on the lot?
3 Is the development in accordance with the adopted
elements of the Comprehensive Plan?
4 Is the project designed so that traffic generated
by nonresidential uses does not have an adverse El El El
on residential development?
Plans and Policies
5 Is the proposed street system in compliance with ❑❑ ❑
the Master Street Plan or other adopted street
policies?
6 Is the project in conformance with the adopted Open ❑ ❑ ❑
Space Plan or other adopted open space policies?
Public Facilities, Services & Safety
7 Does the project comply with any design standards, ❑ ❑
requirements and specifications for the following
services?
-- water supply -- irrigation companies
-- sanitary sewer -- mass transit
-- electricity -- fire protection
-- natural gas -- cable television
-- storm drainage -- streets/pedestrian
-- flood hazard areas -- walks/bikeways
-- telephone
8 Is the development served by utilities with
adequate capacity or have arrangements been made ❑ ❑
for extension and augmentation for the following
services?
-- water supply
-- sanitary sewer
-- electricity
-- natural gas
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Yes INN
-- storm drainage
-- streets/pedestrian walls/bikevays
9 Will the project ' s completion not generate a
traffic volume which exceeds the existing and ❑future capacity of the external street system asdefined by the City?
10 Does the street system, including parking lotsEl
and public streets, clearly define vehicular
movement on the site?
11 Does the project provide safe and convenient ❑ ❑
pedestrian and bicycle access to every building
regularly used for human occupancy?
12 If the development is adjacent to a designated
public open space area, has provision been made ❑❑ ❑
to avoid interfering with public access to that
area?
13 If the project includes an irrigation canal, water
body, or other water channel , have necessary
precautions been taken to minimize any hazard to ❑ El❑
life and property?
14 If the project contains known areas of geological
hazard or soil conditions unfavorable to urban
development, will special engineering precautions ❑ ❑❑
be taken to overcome these limitations or have
these areas been set aside from development?
15 Does the development meet the parking capacity and ❑ El
standards and the off-street loading area
requirements of the City?
16 Are all portions of the exterior walls of the
first story of any building(s) located within 150'
of an access roadway in which emergency fire
equipment can be maneuvered, or will the build-
ing(s) be provided with an approved automatic fire El ❑
extinguishing system?
Resource Protection & Urban Design
17 Are all trash containers and outside storage areas ❑ ❑ ❑
of goods, materials and products screened in an
aesthetic manner from public viev ?
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Yes No NA
18 If the site contains an area which serves as a
habitat, natural food source, nesting place,
wintering area, or source of water for wildlife
identified by the Colorado Division of Wildlife as
significant and in particular need of attention,
have special precautions been implemented in
the plan to prevent the creation of environmental
influences adverse to the preservation of these El ❑ ❑
areas?
19 Ecologically sensitive areas (reserved)
20 Lands of agricultural importance (reserved)
21 If the proposed project is located within a
locally designated Historical District or includes
a locally designated landmark structure, is the ❑ 11 El
in conformance with the City's Landmark
Ordinance
22 If any building is to be greater than forty feet
in height above grade, does the project comply ❑ ❑ ❑i
with the building height review criteria?
23 Does the project include a well-designed landscape
treatment of exterior spaces which improves the
overall quality of the project? For all nonresi-
dential uses, the landscaped area shall constitute
a minimum of 12% - 17% of the site, depending upon ❑ ❑
design objectives and intensity and quantity of
planting materials
24 Does the project utilize and preserve significant ❑ ❑
existing vegetation to the extent practical
25 If the project includes an area known to contain a
commercial mineral deposit for which extraction El ❑❑�
is or will be commercially feasible, has the
project been designed not to preclude extraction?
26 Are all signs in the project in compliance with ❑ ❑ ❑
the provisions of this chapter?
Environmental Standards
27 Will the project not emit or cause to be enitted
into the atmosphere from any air contamination
source of emission whatsoever, any air contaminant
which is of such a shade or density as to obscure
an observer' s vision to a degree in excess of ❑ Litwenty percent (201.) opacity
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Yes No NA
The following situations shall be exempt from this
criterion
(a) Pilot Plants and Experimental Operations No
pilot plant or experimental operations shall
emit or cause to be emitted into the atmos-
phere any air contaminant for a period or
periods aggregating more than three (3)
minutes in any sixty (60) consecutive minutes
which is of such a shade or density as to
obscure an observer's vision to a degree in
excess of forty percent (40%) opacity This
emission standard for pilot plants and
experimental operations shall be in effect
for a period not to exceed one hundred
eighty (180) operating days, cumulative
total , from the date such operations com-
mence, thereafter, the twenty percent (20%)
opacity limitations shall apply to emissions
from pilot plants and experimental opera-
tions
(b) Fireplaces or Stoves Emissions used for
non-commercial or recreation purposes
(c) Temporary Conditions This criterion shall
not apply to emissions during the building of
a new fire, cleaning of fires, soot blowing,
start-up, any process modification or adjust-
ment or occasional cleaning of control
equipment, the shade or appearance of which
is not darker than an equivalent opacity so
as to obscure an observer's view to a degree
not greater than forty percent (40%) for a
period or periods aggregating no more than
three (3) minutes in any one (1) hour
(d) Fugitive Dust
28 Will the project not emit or cause to be emitted
any solid or liquid particles at any one point in
concentrations exceeding two-tenths (0 2) grain
per cubic foot of conveying air or gas? For
measurement of the amount of particles in gases
resulting from combustion, standard corrections
shall be applied to a stack tenperature of five
hundred degrees Fahrenheit (500°F) and fifty
percent (50%) excess air Detailed plans for the ❑
elimination of airborne particles may be required El before the issuance of a building permit
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Yes No NA
9 Will the project not emit or cause to be emitted
odorous air contaminants from any single source
such as to result in detectable odors at the
2 e
property line? Detailed plans for the prevention
of odors crossing property lines may be required El ❑
before the issuance of a building permit
30 Will the project not emit or cause to be emitted
fumes or gases at any point in concentrations or
amounts that are noxious, toxic, or corrosive in
excess of established City standards for the
determination of permissible concentration or
amounts Detailed plans for the elimination of
fumes or gases may be required before the issuance ❑ ❑
of a building permit 1
31 Will the project conform to applicable local , ❑ El
and federal air quality standards
32 Will the project conform to applicable local , ❑ ❑
state and federal water quality standards?
33 Can the proposed land uses and activities be
conducted so that noise generated is controlled
at its source or so attenuated by the structure
from which it is emitted that when measured from
the property line it shall not exceed the follow-
ingFIE]
minimum performance levels?
Adjacent Land Uses Max Noise (dBA)*
Residential uses
(6 00 am - 600pm ) 60
(6 00 p m - 6 00 a m ) 50
Business, Commercial and
Industrial Uses 65
General Industrial Uses 70
(*Measured at property boundaries with a sound
meter which meets the specifications established
by the American National Standards Institute,
S1 4 1971 )
Notwithstanding the foregoing requirements,
noise levels may be increased in special situ-
ations as set forth below
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Yes No NA
Noise Level Corrections Permitted
for Special Situations*
Type of Operation or Correction
Character of Noise (in dBA)
Noise source operates
less than 15 minutes of
any one-hour period + 5
Noise source operates
less than 5 minutes of
any one-hour period +10
Noise source operates
less than 1 minute of
any one-hour period +15
Noise of repetitive,
impulsive character
(hammering, etc ) - 5
Noise of periodic or
cyclically varying nature - 5
(*Note Apply one correction only )
Detailed plans for the elimination of objectionable
noises may be required before the issuance of a
building permit
34 If the proposed activity produces intense glare or
heat, whether direct or reflected, is the opera-
tion conducted within an enclosed building or with
other effective screening in such a manner as to
make such glare or heat completely imperceptible
from any point along the property line? Detailed
plans for the elimination of intense glare or heat ❑El be required before issuance of a building
permit
35 Will the project cause no inherent or recurring
generated vibration perceptible without instru- ❑ El
at any point along the property line?
Temporary construction is excluded from this
criterion
36 Is the exterior lighting, except for overhead
street lighting and warning emergency or traffic
signals, installed in such a manner that the light
source will be sufficiently obscured to prevent
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Yes No NA
excessive glare on public streets and walkways or
into any residential area? The installation or
erection of any lighting � may be confused ❑ ❑ ❑
with darning signals, emergency
signals or traffic
signals shall not be permitted
37 Will all sewage and industrial wastes be treated
and disposed of in such a manner as to comply with
applicable federal , state, and local standards? ❑ ❑ ❑
Detailed plans for waste disposal may be required
before issuance of a building permit
VARIABLE CRITERIA
38 THE LETTERED CRITERIA ARE APPLIED TO ALL LAND USES
AND SCORED ON "POINT CHART A" BASED UPON THE
DEVELOPER'S PERFORMANCE THE DEVELOPER HAS THE
FLEXIBILITY TO CHOOSE AMONG THE APPLICABLE CRI-
TERIA TO BE IMPLEMENTED IN THE DEVELOPMENT PLAN ❑ El
THE PROJECT COMPLY WITH THE SCORE REQUIREMENT
OF "POINT CHART A"?
Phasing
a Is the project located with at least 1/6 of its property
boundary contiguous to existing urban development?
Urban Design
b If the project contains four or more new buildings, does it
include a variety of dwelling and building types?
c If the project contains four or more new buildings, are the
buildings clustered into clearly definable groups around
areas of pedestrian activity (common open space, courtyards,
outdoor living spaces, terraces or plazas)?
d Are the buildings designed and oriented for passive solar
energy use during the winter months or are the buildings
equipped with active solar energy collection systems?
e Does the project maximize dwelling unit access to solar
energy by placing higher residential densities on south-
facing slopes and lower residential densities and open space
areas on north-facing slopes?
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f Are new buildings in the project located and designed to
7.
minimize the casting of shadois from one structure onto any
other existing or planned building, existing or planned
active or passive solar energy collection system, and vacant
land lying 20 feet or more from the exterior boundary of the
parcel on %�hich the structure is situated?
g Does the residential project provide for private outdoor
areas (which includes private yards, patios and balconies)
for use by the residents of the project which have adequate
light, sun, ventilation, privacy and convenient access to the
household units?
h Is each active recreational area conveniently located and
accessible to the residential units it is intended to serve,
and is adequate screening provided to insure privacy and
quiet for neighboring residential uses?
i Are the open space areas between residential buildings de-
signed to clearly differentiate their use and to maximize the
opportunity for privacy by residents?
j Are the entrances to new buildings oriented more than 450
off prevailing northwest winter winds, or are these entrances
protected from cold winter winds by architectural screening,
landscape screening or any combination thereof?
ARE THE MAIN ENTRANCES TO NEW MULTIPLE FAMILY OR NON-RESIDENTIAL
BUILDINGS LOCATED SO THAT THEY ARE NOT SEPARATED BY PARKING OR BY
SERVICE ACCESS BUT RATHER OPEN DIRECTLY ONTO FACILITIES DESCRIBED
IN "K" THROUGH "N" BELOW?
k A major pedestrian path or sidewalk?
1 The major pedestrian street crossing adjacent to the non-
residential building site?
m Areas of pedestrian activity (courtyards, plazas, or gardens)
created by the clustering of buildings?
n Public open space?
o Does the project include two-dimensional or three-dimensional
works of art that promote neighborhood quality and are promi-
nently displayed for public view?
p Does the architectural design of the buildings meet the
following criteria compatible in design with the immediate
environment of the site, appropriate to the site and function r
of the project, compatible in an area having a unified design
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or neighborhood character, promoting harmonious transitions
in scale and character in areas between different land uses,
compatible with future construction both on and off the site,
and contributing to a well-balanced mix of styles in the
community as a whole?
Circulation
q Does the street system, including parking lots and public
streets, contribute to the order and aesthetic quality of the
site configuration?
r Does the project incorporate sharing of common driveways
leading from public streets or alleyways to off-street
parking or vehicular use areas serving more than one use or
parcel as appropriate?
PEDESTRIAN ACCESS MUST BE PROVIDED TO EVERY BUILDING IN THE
PROJECT AND MAY BE ACHIEVED IN TWO WAYS "PUBLIC", AS NORMALLY
REQUIRED AND SPECIFIED IN THE ENGINEERING STANDARDS OF THE CITY,
AND/OR, "PRIVATE", A SYSTEM OF PEDESTRIAN PATHS AND SIDEWALKS
WHICH DEMONSTRATES TO THE SATISFACTION OF THE CITY, EQUAL TO OR
BETTER PERFORMANCE THAN THE "PUBLIC" SYSTEM FOR THE SYSTEM OF
PRIVATE PATHS AND/OR PUBLIC SIDEWALKS CHOSEN FOR THIS DEVELOP-
MENT, PLEASE ANSWER CRITERIA "S" THROUGH "Z"
s Are all new public sidewalks along collector and arterial
streets separated from the street curb by at least six feet
of parkway?
t Are all new public sidewalks along local streets separated
from street curb by at least six feet of parkway?
u Do the private paths and/or public sidewalks include connec-
tions to shopping, public transportation stops, schools, and
recreation opportunities for the residents of the project
and/or appropriate surrounding residential neighborhoods?
v Do the private paths and/or public sidewalks provide for
direct access and circulation between buildings?
w Do the private paths and/or public sidewalks incorporate
paving patterns, dimensions, landscaping, grade differences
or other design features to enhance convenience, safety and
amenity across parking lots and streets?
x Is the project designed so that the existing and proposed
private paths and public sidewalks avoid areas of low pedes-
tri an interest including pdrking lots, blank walls, and
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fences if possible? If not possible, does the plan utilize
landscaping or other design elements to minimize adverse
views and noises and maximize amenity?
y Do the private path, public sidewalk and bikeway systems
incorporate a system of landscape shading from unwanted
summer sun, but allowing warming winter sun, to further
enhance their amenity and user comfort?
z Does the private path and public sidewalk system provide for
adequate security lighting with the amount dependent on the
intensity of pedestrian use and the relative need for person-
al safety?
as Is there a system of tree planting and other lardscaping
along streets and parking lots?
bb Does the project include a system of off-street recrea-
tional paths for bicycles that fulfill the following cri-
teria
(i) provides for a link-up with the City's bikeway system,
( ii) meets the design standards of the City, and
(iii) does not duplicate the City's bikeway system
Resource Protection
IF THE SITE OR ADJACENT PROPERTY CONTAINS A BUILDING OR PLACE IN
WHICH AN HISTORIC EVENT OCCURRED, WHICH HAS SPECIAL PUBLIC VALUE
BECAUSE OF NOTABLE ARCHITECTURE OR IS OF CULTURAL SIGNIFICANCE,
DOES THE PROJECT FULFILL CRITERIA "CC" THROUGH "EE" BELOW?
CC Does the project prevent creation of influences (including
environmental, land use, aesthetic, economic, and social)
adverse to its preservation?
dd Does the project assure that new structures and uses will be
in keeping with the character of the building or place?
Imitation of period styles should be avoided
ee Does the project propose adaptive use of the building or
place that will lead to its continuance, conservation and
improvement in an appropriate manner while respecting the
integrity of the neighborhood?
ff Does the landscape plan reduce the demand for heating and
cooling through the selection and placement of landscape
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materials, including vegetation, earth forms, walls, fences,
and paving, etc?
gg Does the landscape plan minimize potential obstruction of
solar access to existing or planned buildings both on and
off the site, existing or planned active or passive solar
energy collections systems, and, vacant land lying twenty
(20) feet or more from the exterior boundary of the parcel on
which the structure is located?
hh Does the residential project reserve a portion of the site
(either through private yards or restricted common areas) and
provide for the necessary elements (water, sun, proper soils
and slope) required for vegetable gardening by the residents
of the project?
ii Is the multiple family and/or nonresidential project planned
to minimize the amount of land devoted to surface vehicular
parking by utilizing either shared parking, multi-level,
underground and/or elevated parking structures as an acces-
sory use to the primary structure The project will be
evaluated on the percentage of total parking spaces that
fulfills the above requirement, and scored as follows
40% or more = Very Well Done
10 - 39% = Yes
less than 10% = No
ji Does the project minimize the disruption of steep slopes,
important natural drainage systems or other existing land
forms through the selection of building and street locations?
kk Are existing natural water courses or water bodies incor-
porated into the project as amenities, and are these areas
accessible to the general public?
11 Can the developer demonstrate that through the use of im-
proved technology or any additional features of the structure
or site development that the project will contribute to the
preservation or enhancement of water quality beyond that
required by local , state or federal water quality standards?
mm Can the developer demonstrate that through the use of im-
proved technology or any additional features of the structure
or site development, that the project will reduce the demand
for water usage (including, but not limited to, water conser-
vation products, recycling systems, aquifer recharge, non-
potable water as an irrigation resource and drought-resistant
landscaping) beyond that normally required by City Code?
nn Can the developer demonstrate that through the use of im-
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proved technology or any additional features of the structure
or site development, that the project will contribute to the
preservation or enhancement of air quality beyond that re-
quired by local , state or federal air quality standards?
Public Fac i l i hes, Sery ices & Safety
00 Are fire prevention and control measures (including, but not
limited to, fire resistant roofs, fire separation walls,
space separation, automatic fire extinguishing systems, and
fire hydrant spacing) being provided within the project,
beyond those normally required by City Code?
pp Are police protection and security measures (including, but
not limited to, building identification, security landscap-
ing, solid exterior doors and jams, sturdy security locks on
windows and patio doors) being provided beyond that normally
required by City Code?
qq Does the project significantly exceed the minimum storm
drainage requirements of the City for minor storms?
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C,lr.nt' _ 1 2 0 4 O)orrA Ip Me>005 'om 'JrV
i-_ /So cc 1 2 0 3---- CrorsBtracg -ofc-,o/
r 1 2 0 4
�o S 1 2 0 3 Tle proect mis eo n 65-1
1 2 0 3 ot•_nnnrrunoc'ccbe
-_ - can,,
ae o CPc^r _ 1 2 0 2
t ro^^es '4 m 1 2 0 2
1 2_ 0 2 -bnis Nos mum
corned Apo cWc
rt :"ie Crc,)r.� _ 1 2 0 1 RYn'sn'S
Er ce "'Co-s 1 2 0 2
_r oe-.e .kP_r SC0.e 1 2 D _2 (Col mu (cc,N
J �r SoA
r r e' P--- 1 2 0 3 A
.. j re� Sis ern D; o 1 2 0 2 B
r Dmo
S �cJ• _ 1 _2 0 _3
s o^ 0 4/n. , cc-- X 2 0 2 C
c c n occ r X 2 0 1
'e.r s on Cm a^enJe 1 2 0 2 D
s &,argCorretion 1 2 01 1
_,ea--o ,Or/Au J 1 _2 0 1_ E
- ere>Argos 1 12 0 2
v - onc6cor r 1 1 2 0 1 F
L r phi nl 1 2 0 1 —
_Z. S r iond,co.�r a 1 2 0 4
co B. ooihs 1 2 0 3
fi c i ' %7D[CTCN [VI v
CC F ':' C/E'i crm_ _ 1 2 0 2
of H+= b/C.rcro- 1 _2 0 2 v/v,= v,,
I :r C/,moo ^ �x _ 1 2 0 2 \\V
.,/Oordv -/ r,� 1 2 0 3 — ea=c ae
rJ 5_.. Cora c�r 1 2 0 3 eorrid of
_ _ morimum
_ 5 _¢y t + _r 1 2 0 1
r S.x 1 2 0 2 mr,,s t5
-- - - 2 _0 _ 2
1 2 0
1 2 0 2
1 2 0 1
_ _ 1 2 0 _ 2 _
1 1 0 2
1 2 0 2 — - -
nrt — - -
_TV_
ACTIVITY Neighborhood R
Service Center U
DEFINITION
A shopping and service center, approximately 15 acres in size, de-
signed to meet consumer demands from an adjacent neignborhood The
primary functional offering is usually a supermarket grocery store
with an approximately equivalent amount of associated mixed retail and
service-oriented gross square footage Other functional offerings may
include employment uses, such as offices, and/or commercial develop-
ment traditionally located along major arterial streets
CRITERIAEach of the following applicable criteria must be
answered "yes" and implemented within the development
plan Yes No NA
1 Does the project gain its primary vehicular access ❑ ❑
from a street other than College Avenue?
2 Are all exterior portions of buildings provided 1-1 El El
security lighting?
3 Are all repair, painting and body work activities, ❑ ❑E]
including the storage of refuse and vehicle parts,
planned to take place within an enclosed structure?
4 DOES THE PROJECT EARN AT LEAST 507' OF THE MAXIMUM
POINTS AS CALCULATED ON "POINT CHART B" FOR THE ❑ ❑
FOLLOWING CRITERIA?
a Is the project contiguous to an existing transit route?
b Is the project located at the intersection of a collector and
arterial street?
c Is the project located within "north" Fort Collins?
d Is the project located more than 3/4 mile fron an existing or
approved comminity/regional shopping center ?
continued
-19-
continuec.,
e Is the project located more than 1 5 miles from an existing
or approved neighborhood shopping center?
f Is the project located outside the "South College Avenue"
corridor?
g Does the project gain its primary vehicular access from a
non-arterial street?
h Is there direct vehicular and pedestrian access between on-site
parking areas and adjacent off-site parking areas which contain
more than ten (10) spaces?
i Does the project include a supermarket/grocery store?
j Does the project reduce non-renewable energy usage, either
through the application of alternative energy systems, through
committed energy conservation neasures beyond that normally
required by City Code, and/or use of existing buildings?
a
_20-
NEIGHBORHOOD POINT CHART B
SERVICE CENTER
For All Criteria Applicable Criteria Only
n III Iv
Is the Grcte try NtoxrrLm =
Criterion Cntcnon Correct MiftipWr points AWccae
Apphcobe Score Earned Fonts
Yes No Yes VW No I x 11
Transit route 1XI 2 101 2
b At collector/arterial X1 2 1 ° 3
"North" Fort Collins X 2 1 ° 2 I
d From regional center X 2 °
e From neighbor center X 2 ° 2
f S College corridor X 2 ° 4
g Non - arterial access X 2 ° 3 F
h Joint parking 1 1
2 ° 3
1 Grocery store X 2 ° 3
i Energy conservation 1 20 4 r
k
1 2 0
I 1 2 0
VW-\.try WeI1 Dore Totals r
Transfer Totals to Fbint Cnort A V V 1 —�
Percentage Earned of Maximum Applicable Fbints V/VI=VII % ;
vn t
-21-
A Community/Regionol
CTIVITY Shopping Center icp
�c
DEFINITION
A cluster of retail and service establishments designed to serve
consumer demands from the community as a whole or a larger area The
primary functional offering is at least one full-line department
store The center also includes associated support shops which provide
a variety of shopping goods including general merchandise, apparel,
home furnishings, as well as a variety of services, and perhaps enter-
tainment and recreational facilities
,
CRITERIA Each of the following applicable criteria must be
answered "yes" and implemented within the development
plan Yes Nb NA
1 Does the project gain its primary vehicular access ❑
from a street other than College Avenue? Ll
2 Are all exterior portions of buildings provided ❑❑❑
with security lighting?
3 Are all repair, painting and body work activities,
including the storage of refuse and vehicle parts,
planned to take place within an enclosed structure?
4 DOES THE PROJECT EARN AT LEAST 50% OF THE MAXIMUM ❑❑
POINTS AS CALCULATED ON "POINT CHART C" FOR THE
FOLLOWING CRITERIA
a Is the project located within "north" Fort Collins?
b Is the project contiguous to an arterial street?
c Is the project contiguous to an existing transit route?
d Is the project adjacent to and functionally a part of an
existing community/regional shopping center?
continued
-22-
continued
e Does the project gain its primary vehicular access from a
non-arterial street?
f Is there direct vehicular and pedestrian access between
on-site parking areas and adjacent off-site parking areas
which contain mote than ten (10) spaces?
g Does the project reduce non-renewable energy usage, either
through the application of alternative energy systems,
through committed energy conservation measures beyond that
normally required by City Code, and/or use of existing build-
ings?
t
-23-
COMMUNITY/ REGIONAL POINT CHART C
SHOPPING CENTER
� For All Criteria
Applicable Criteria Only e
II nl IV
` Is the Circle the Ivbuntn
Criterion Criterion Correct Wipl er points Appc¢ce
Applicaoe Spore Earned points
c
t
Yes No Yes VW No I ; II
"North" Fort Collins X 2 ° 1
b Arterial street X 2 ° 2
Transit route X 2 ° 2
d Part of regional center X 2 ° 3
. e Non-arterial access X 2 ° 2
f Joint parking 1 2 °t2
g Energy conservation 1 2 0 4
h 1 2 0
I F 1 1 j 2 j 0
1 2 0
k 1 2 0
1 2 0
F `
VW-%ery Well Done Totals
Transfer Totals to Font Chat A V VI
M Percentage Earned of Maximum Applicable Fbints VNI=ml % ;
v�I
-24-
ACTIVITY Auto- Related and
Roadside D �oads de G
DEFINITION
Those retail and wholesale commercial activities which are generally
considered and typically found along highways and arterial streets
Uses include free standing department stores, auction rooms, auto-
mobile service stations, repair facilities, car washes, boat, car,
trailer, motorcycle showrooms, sales and repair, fuel and ice sales,
greenhouses and nurseries, warehouses and storage, repair or rental
of any article, exterminating shops, drive-in restaurants, adult
bookstores, eating places with adult amusement or entertainment, adult
photo studios, adult theatres, any uses intended to provide adult
amusement or entertainment, and, other uses which are of the same
general character
CRITERIAEach of the following applicable criteria must be
answered "yes" and implemented within the development
plan Yes NbNA'
1 Does the project gain its primary access from a ❑❑
street other than College Avenue?
2 Are all exterior portions of buildings provided ❑D❑
with security lighting?
3 Are all repair, painting and body work activities,
including storage of refuse and vehicle parts, ❑❑❑
planned to take place within an enclosed structure?
4 If the project contains any uses intended to
provide adult amusement or entertainment, does it
meet the following requirements
a Is the use established, operated or maintained
no less than 500 feet from a residential
neighborhood, church and/or school meeting all
the requirements of the compulsory education ❑❑❑
laws of the State of Colorado?
b Is the use established, operated or maintained
Elnoless than 1,000 feet from another similar
use? ❑ ❑
conhnued
-25-
continues -
Yes f� NA '
5 DOES THE PROJECT EARN AT LEAST 50% OF THE MAXIMUi1 ❑ ❑
POINTS AS CALCULATFO ON "POINT CHART D" FOR THE
FOLLOWING CRITERIA
a Is the project located other than at the intersection of two
arterial streets?
b Is the project contiguous to and functionally a part of an
existing neighborhood or comnunity/regional shopping center,
office or industrial park?
c Is the primary access to the site from a non-arterial street?
d Is the project on at least two acres of land?
e Does the project contain two or more principal uses?
f Is there direct vehicular and pedestrian access between
on-site parking areas and adjacent off-site parking areas
which contain more than ten (10) spaces?
g Does the project reduce non-renewable energy usage, either
through the application of alternative energy systems,
through committed energy conservation measures beyond that
normally required by City Code, and/or use of existing build-
ing?
f
-26-
AUTO- RELATED AND POINT CHART D
ROADSIDE COMMERCIAL
For All Criteria Applicable Criteria Only
I II III IV `
Cr terMe Greie the Mak KQrn e
Criterion A crion Correct Mittipier Pbints Appccre r
PP Score Earned Porn s
Yes hb e�VW No I x l l
a Not at two arterials X1 2 10 2 E
b Part of planned center X 2 01 3
On a non -arterial X 2 ° 4 ,
d Two acres or more X 2 0 3
e Multiple use X 2 ° 3
t Joint parking 1 2 0 3
Energy conservation , 2 ° a
h 1 2 0
I 1 2 0
1 2 0 p
k 1 2 0
L—,-,1 1 2 0
r
VW-V/eryVvell ooze Totals `
Transfer T ois to Port Chart A V I ��
Percentage Earned of Maximum Applicable Points V/VI=VII % ,
�11 �
-27
ACTIVITY Business Service Uses E
DEFINITION
Those activities which are predominantly retail, office, and service
uses which would not qualify as or be a part of a neighborhood or
community/regional shopping center Uses include retail shops,
offices, personal service shops, financial institutions, hotels/
motels, medical clinics, health clubs, membership clubs, standard and
fast-food restaurants, hospitals, mortuaries, indoor theatres, retail
laundry and dry cleaning outlets, limited indoor recreation uses,
small animal veterinary clinics, printing and newspaper offices,
neighborhood convenience center, and, other uses which are of the same
general character
CRITERIAEach of the following applicable criteria must be
answered "yes" and implemented within the development
plan Yes fib NA
1 Does the project gain its primary vehicular access ❑ ❑
from a street other than College Avenue?
2 Are all exterior portions of buildings provided ❑ El El
security lighting?
3 DOES THE PROJECT EARN AT LEAST 50% OF THE MAXIMUM ❑ ❑
POINTS AS CALCULATED ON "POINT CHART Ell FOR THE
FOLLOWING CRITERIA
a Is the project contiguous to an existing transit route (not
applicable for uses of less than 25,000 sq ft GLA or with
less than 25 employees) or located in the Central Business
District?
b Is the project located outside of the "South College Avenue
Corridor"?
c Is the project contiguous to and functionally a part of a
neighborhood or community/regional shopping center, an office
or industrial park, or located in the Central Business Dis-
trict?
1
d Is the project on at least two acres of land or located in the
Central Business District?
conhnued
-28-
continues
e Does the project contain two or more principal uses?
f Is there direct vehicular and pedestrian access between
on-site parking areas and adjacent off-site parking areas
which contain more than ten (10) spaces?
g Does the project reduce non-renexable energy usage, either
through the application of alternative energy systems, through
committed energy conservation measures beyond that normally
required by City Code, and/or use of existing buildings?
-29-
BUSINESS SERVICE USES POINT CHART E f
For All Criteria Applicable Criteria Only
A
I II III IV
Nloxrun
Criterion Care on Ca ec're Kaithpler Points A occ=e
Applicable Soore Earned
Points
Yes No Yes vw No I x 11
a Transit route X 2 0 12
b S College corridor X 2 0 4
t
Part of center X 2 0 3
v
d Two acres or more I X 2 0 3
e Multiple use X 2 ro
3
f Joint parking 1 2 0 3
g Energy conservation 1 2 0 4
4
h 1 2 0
' 1 2 0 `
1 2 0
k 1 2 0
I 1 2 0 I
VW-Mery Yore Totals
r
Transfer Totols to Fbint Chort A V V I r
Percentage Earned of Maximum Appllcabe Fbints V/VI-VII % c
Ell l
-30-
ACTIVITY Industrial Uses F
� z
DEFINITION
All industrial and manufacturing uses, and other uses which are of the
same general character
CRITERIAEach of the following applicable criteria must be
answered "yes" and implemented within the development
plan Yes NO NA
1 Does the project gain its primary vehicular access Elfrom a street other than College Avenue?
2 Are all exterior portions of buildings provided ❑ ❑ ❑�
with security lighting?
3 Have all necessary precautions been taken to
prevent all lubricants and fuel oil substances,
which are stored on the site, from leaking or ❑ El El
into the groundwater system, streams ,
creeks, or other water bodies?
4 Are all repair, painting and body work activities, ❑ ❑ ❑
including the storage of refuse and vehicle parts,
planned to take place within an enclosed structure?
5 DOES THE PROJECT EARN AT LEAST 50% OF THE MAXIMUM ❑❑
POINTS AS CALCULATED ON "POINT CHART F" FOR THE
FOLLOWING CRITERIA
a Is the project located within "north" Fort Collins, but not
between Alta Vista, Andersonville and/or Buckingham Subdivi-
sions?
continued
-31-
conhnueu
b Is the project contiguous to or functionally a part of an
existing office or industrial park
c Is the project located within 1000 feet of an existing transit
route?
d Is the project located adjacent to an arterial street (not
applicable for uses with fewer than 25 employees or less than
50,000 square feet GLA)?
e Is the project located adjacent to a railway line or spur
track?
f Does the project have reasonable access to Highway 14 (east of
Riverside Drive), Timberline Road, the proposed Fort Collins
Expressway, Harmony Road, or other major truck routes?
g Is there direct vehicular and pedestrian access between
on-site parking areas and adjacent off-site parking areas
which contain more than ten (10) spaces?
h Does the project reduce non-renewable energy usage, either
through the application of alternative energy systems, through
committed energy conservation measures beyond that normally
required by City Code, and/or use of existing buildings?
i
-32-
INDUSTRIAL USES POINT CHART F
� r
For All Criteria Applicable Criteria Only
} I II III IV
Cfstl on Circle fne NknrrLQ
Criterion Appi cable �et NLh,pIEr Earned
APoin 5 e
Yes w Yos vw No I ■ 11
° r North" Fort Collins X 2 °
b Industrial center X 2 ° 2
Transit route X 2 ° 2
d On arterial street X 2 ° ,
e Ra i I access X 2 101 1
f Access to truck route 2 ° I ,
r
g Joint parking 1 2 ° 3
h Energy conservation 1 2 ° 4
I 1 2 0
1 1 2 0
k 1 2 0
r
4
I 1 2 101
e
F
VW-fiery\bell Con' Totals
Transfer Totals to Point Chat A V
Percentage Earned of Maximum Applicable Points V/V1=MlE `n
-33-
ACTIVITY Extraction, Salvage and
Junk Yard Uses
DEFINITION
Junk, scrap or salvage yards and all extraction uses These are uses
which create major disruptions to the area's environment, even when
carefully regulated Dust, dirt, noise, and unsightly conditions can
be anticipated
CRITERIA Each of the following applicable criteria must be
answered "yes" and implemented within the development
plan Yes No NA
1 Is the outdoor display and storage of vehicles at ❑ ❑
least 40 feet from any street R 0 W
2 Have all necessary precautions been taken to
prevent all lubricant and fuel oil substances
which are stored on the site, from leaking or ❑ El❑
draining into the groundwater system, streams,
creeks, or other water bodies
3 Are all hazardous materials to be stored in a safe ❑ ❑ ❑
manner?
4 Are all exterior portions of buildings provided ❑ ❑ ❑
with security lighting?
i
1-� conhnjed===-m-z
-34-
ACTIVITY Residential Uses
H �
r
DEFINITION
All residential uses Uses would include single family attached
dwellings, townhomes, duplexes, mobile homes, and multiple family
dwellings, boarding and rooming houses, fraternity and sorority
houses, nursing homes, public and private schools, public and non-
profit quasi-public recreational uses as a principal use, and uses
providing meeting places and places for public assembly with inciden-
tal office space
CRITERIA Each of the following applicable criteria must be
answered "yes" and implemented within the development
plan YeS No NA
1 On a gross acreage basis, is the average resi-
dential density in the project at least three (3) ❑ ❑El
units per acre (calculated for residential
portion of the site only)?
2 IS THE TOTAL NUMBER OF DUELLING UNITS PROPOSED FOR
DEVELOPMENT NO MORE THAN THAT CALCULATED IN THE ❑ ❑ ❑
"DENSITY CHART" THAT FOLLOWS?
continued
-35-
Density Chart
Bosee
II III
Criterion Multiplier WeosulerTa-N Unds
IXII
(� 75 The mmrisi number of dwellings required under Criterion t2 of this section
L.-�
THE NUMBER OF PRO^OSED DWELLING UNITS THAT WILL Br 61THIN E
b2 200D feet of an existing or approved neighborhood shopping center
��lw C 1 650 feet of an existing transit stop
2 4000 feet of an existing or approved regional shopping center
P. 2 3500 feet of an existing or reserved neighborhood park without having
/�\ to cross an arterial street
W f 2 4000 feet of an existing or reserved cormunity pars or cainunity facility
9 2 3000 feet of a =jar employmcnt center
1 000 feet of a child care center or school meeting all the requirements
h2 of the coTpulsory education laws of the State of Colorado
1 North Fort Collins
1 The Central Su iness District
B
kCalculate the Quality Bonus an Point Chart A and multiply times 2 Factor
1 9Iculate a 1' bonus for every 50 acre included in the project
m Calculate the percentage of the total acres in the project that are devoted to
recreational use enter 1/2 of that percentage as a bonus
If the applicant cowl s to preserving p rnanent offsite open space that meets the
n City s mininun requirerents calculate the percentage of this open space acreage
to the total development acreage enter this percentage as a bonus
IF A PART OF THE TOTAL D VELOPESYI BUO„ET IS TO BE SPENT ON NEICHBOMOOD FACILITIES
WHICH ARE %OT OTIIER6ISE REQUIRED BY CITY CODE CALCULATE THE AVERnGE It VESTEENT
Q PER DIELLING U IT OVEP THE TOTAL PROJECT AAA
Z Enter Enter a 2Y bonus for every 5100 per dwelling unit invested in public transit
t^7 a I' bonus for every SIOD per dwelling unit invested in other approved
P
O facilities and services
If a eommltm nt is being made to develop a specified percentage of the total number
(„� of dwelling units for low incense facilleS enter that percentage as a bonus up to
M a maximum of 30
I 1 I If a eommitrent is being made to develop a specified percentage of the total number
of dwelling units for Type A and Type B handicapped housing as defined by the
City of Fort Collins calculate the bonus as follows
e
Type A S [toes 7ypL A units-Tote units
Type B 1 0 times ly Tote units e B units
In n0 Case shall the coat lned bonus be greater than 70'
If it can be demonstrated that the project will reduce non renewable energy useane
S either through the application of alternative energy sy tans or through corritted
energy conservation nea ures beyond that normally rrqui ed by City Code a 5s bo us
ray be earned for every 5% reduction in energy use
f
Up
IV X III SubtotalS OXO
TOTAL UNITS IV f
-36-
E Special Requirements
The following special require,nents shall apply to any planned unit
development
(1) The tract or parcel of land involved shall be either in one
(1) ownership or the subject of an application filed jointly
by the owners of all the property to be included
(2) The approved final plan shall specify the manner of holding
title to areas and facilities of joint use Normally such
areas and facilities shall be retained in title by the
developers of the development or deeded to an organization
composed of all o,aners in the development
(3) Residential Planned Unit Developments The maximum density
shall be based on the calculations as determined in the
DENSITY CHART of this section The maximum density permitted
shall not be allowed as a matter of course, and the actual
density shall be as determined in the final plan approved in
accordance with the provisions of this section
(4) The City shall have the right to establish general design
standards guidelines and policies, for the purpose of imple-
menting and interpreting the provisions of this Section
(5) All signs must conform to the provisions of this chapter
The Planning Director has the power to approve signs conform-
ing to this chapter but, where extensive signage is proposed
or the signage would have an adverse impact on surrounding
neighborhoods, the Planning Director may sub-nit the proposed
signs for approval by the Planning and Zoning Board
F Procedures
A planned unit development shall be processed in three stages
conceptual review, preliminary plan, and final plan If the
applicant desires to phase the preliminary plan, a master plan
will be required Each stage shall be processed in the order
indicated in the following diagram entitled "Review Process"
(1) Conceptual Review
(a) This is an opportunity for applicants to discuss re-
quirements, standards, and policies that apply to
development proposals Major problems can be identified
and solved before a formal application is made
-37-
MWEM
MANDATORY WRITTEN COMMENTS
CONCEPTUAL REVIEW TO APPLICANT
IPAE
[.F:.I-L:EI:APPLICATION FILING DEADLINE
5th OF MONTH
ROUTE TO
DEPARTMENTS
3
WEEKS,
INTER P DEPT
DEPT REVIEW
1 %, REVIEW
WRITTEN COMMENTS
TO APPLICANT AP.
WEEM
MEETING
REVISION TO
P DEPT BASED ON
COMMENTS
? FINAL STAFF
WEEKS REPORT
WORK SESSION
^ (FRIDAY PRIOR
TO MEETING)
P&Z PUBLIC
HEARING
�4th MON OF MONTH
-38-
Representatives of the Planning Division, Engineering
Division, Fire Authority, Police Division, Water & Seier
Division, Light & Power Division, Building Inspection,
and Traffic Engineering Division regularly attend
conceptual review meetings
(b) The general outline of the proposal , evidenced schema-
tically by sketch plans, shall be submitted by the
applicant and reviewed by the City Thereafter, the
Planning Director shall furnish the applicant with
written comments regarding such conference, including
appropriate recommendations to inform and assist the
applicant prior to preparing the components of the
planned unit development application
A CONCEPTUAL REVIEW IS MANDATORY FOR ALL PLANNED UNIT DE-
VELOPMENT PROPOSALS
(2) Master Plan
(a) A master plan shall be required for any planned unit
development which is intended to be developed in phases
The proposed master plan, together with the proposed
preliminary plans for the first phase of development,
shall be submitted to the Planning Division and pro-
cessed as preliminary plans The master plan and
preliminary plan for the first phase of development
shall then be considered by the Planning and Zoning
Board Once approved, the decision of the Planning and
Zoning Board shall be recorded in the Office of the
County Clerk and the master plan shall be filed with the
City Clerk
(b) The master plan will not be reviewed on the basis of the
specific design standards and criteria contained to this
section, but rather on the basis of conformance with the
City' s Comprehensive Plan
(c) This Section allows for minor changes to a master plan
to be approved administratively by the Planning Direc-
tor If required by the City or other circumstances not
foreseen at the time the Master Plan is approved, such
changes may be approved without additional public
hearings The Planning Director shall not approve any
of the following changes
[1] A change in the use or character of the develop-
ment,
-39-
[2] An increase in the problems of traffic circulation
and public utilities,
[3] An increase of greater than two percent in the
approved gross leasable floor areas of commercial
buildings, or
[4] An increase by greater than one percent in the
approved residential density of the proposed
development
(d) Any changes other than minor changes, may be made only
by the Planning and Zoning Board, and must follow the
same review and public hearing process required for
approval of preliminary plans Any changes approved in
the master plan shall be recorded as amendments to the
master plan in accordance with the procedures esta-
blished for the filing of the initially approved plan
documents
(3) Preliminary Plan
(a) Upon completion of the conceptual review meeting and
after the recommendation of the Planning Director
has been made, an application for preliminary plan
review may be filed with the Planning Division If the
project is to be developed in phases, a proposed master
plan shall also be submitted Materials pertaining to
the preliminary plan must be submitted to the Planning
Division by the fifth day of the month prior to the
meeting of the Planning and Zoning Board (For example
submittals for the February meeting shall be made by
January 5th ) The application shall contain such
information as may be required After the Planning
Director has reviewed the application, the matter will
be placed on the agenda for the appropriate meeting of
the Planning and Zoning Board
(b) The Planning and Zoning Board shall give written notice
to the owners of record of all real property within 500
feet, exclusive of public R 0 W , of the property lines
of the parcel of land for which the planned unit de-
velopment is proposed The written notices may be
delivered personally or may be sent by mail at least 7
days prior to the hearing date Failure to deliver such
notice shall not affect the valioity of any hearing or
determination by the Planning and Zoning Board
-4A-
(c) The Planning and Zoning Board may approve, disapprove,
or approve with conditions the proposed planned unit
development Approval of a preliminary plan shall not
constitute final approval of the final plan, rather it
shall be deened an expression of approval of the layout
submitted on the preliminary plan as a guide to the
preparation of the final plan
(4) Final Plan
(a) Application for a final plan may be made either concur-
rently with the preliminary plan or after approval by
the Planning and Zoning Board of a preliminary plan
Materials pertaining to the final plan must be submitted
to the Planning Division by the fifth day of the month
prior to the meeting of the Planning and Zoning Board
(for example, submittals for the February meeting, shall
be made by January 5th) The application shall contain
such information as may be required
(b) The final plan shall be in substantial compliance with
the approved preliminary plan The final plan shall be
deemed in substantial compliance with the preliminary
plan, provided tnat the final plan does not
[1] Change the general use or character of the develop-
ment,
[2] Cause change(s) in the development that would alter
the minimum or maximum number of residential
dwelling units earned in the DENSITY CHART by more
than 3%,
[3] Cause a reduction of greater than 5% of the total
points earned in POINT CHART A, and
[4] Contain changes which would normally cause the
development to be disqualified under the applicable
criteria
For preliminary planned unit development plans submitted
prior to the final plan shall be deemed in
substantiT conformance with the preliminary plan, provided
that the final plan does not
[1] Involve a reduction of mole than five percent (5%)
of the area reserved foi common open space and/ot
usable open space,
-41-
[2] Increase the floor area proposed for nonresidential
use by more than five percent (5%) ,
[3] Increase residential densities by more than one
percent (1%) , and
[4] Increase the total ground area covered by buildings
by more than five percent (5%)
(c) If the final plan is not in substantial compliance with
the approved preliminary plan, the revisions shall
require the same review and public hearing process
required for approval of preliminary plans
(d) After the Planning Director has reviewed the applica-
tion, the matter will be placed on the agenda for the
next meeting of the Planning and Zoning Board The
Planning and Zoning Board may approve, disapprove, or
approve with conditions, the proposed planned unit
development If the Planning and Zoning Board approves
the proposed planned unit development, the decision
shall be filed witn the Office of the County Clerk and
the final plan shall be filed with the City Clerk
(5) Amendment to Final Development Plan
The final plan is the document on which building permits and
other City development approvals are issued Since these
plans are approved by the Planning and Zoning Board, the
Building Inspection Division is unable to issue permits for
improvements which are not indicated on the approved plan
This Section allows for minor changes to a plan to be ap-
proved administratively by the Planning Director whereupon a
permit may be issued If required by the City or other
circumstances not foreseen at the time the final plan was
approved, such changes may be authorized without additional
public hearings
(a) The Planning Director shall not approve any of the
following changes
[1] A change in the character of the development
[2] Any change(s) in the development that would alter
the minimum or maximum number of residential
dwelling units earned in the DENSITY CHART by more
than 3%
-42-
[3] Any reduction of greater than 5% of the total
points earned in POINT CHART A
[4] Any change in the development that Mould normally
cause the project to be disqualified under the
applicable criteria.
(b) For planned unit developments submitted prior to
, the Planning Director shall not approve any off'
the following changes
[1] A change in the character of the development
[2] An increase in the problems of traffic circulation
and public utilities
[3] A reduction by greater than three percent (3%) of
the approved open space
[4] An increase of greater than two percent (2%) in the
improved gross leasable floor areas of commercial
buildings in either residential or commercial
planned unit developments
[5] An increase by greater than one percent (1%) in the
approved residential density of the proposed
development
(c) Any changes other than listed above may be made only by
the Planning and Zoning Board, and must follow the same
review and public hearing process required for approval
of preliminary plans Any changes approved in the final
plan shall be recorded as amendments to the final plan
in accordance with the procedures established for the
filing of the initially approved plan documents
(d) This provision shall not prohibit the Planning Director
from requesting a recommendation from the Planning and
Zoning Board
G Content of Development Submittals
For each stage of the review process, the following information
and data shall be submitted unless the Planning Director deter-
mines that the information is unnecessary for the proper evalua-
tion of the development
(1) Concept Plan Submittal The following information and data
is require
-43-
(a) Data regarding site conditions, land characteristics,
available community facilities and utilities, and other
related general information about uses of land within
one-half mile of the subject parcel of land
(b) Sketch drawing showing the proposed location of the uses
of land, major streets, and other features
(2) Master Plan Submittal The following information and data is
require
(a) A master plan shall be submitted containing the follow-
ing information
[1] Parcel size
[2] Existing topographical character of the land at a
contour appropriate with the scale of the project,
all water courses, floodplains, unique natural
features, significant wildlife areas, and, vegeta-
tive cover, including all trees and shrubs having a
diameter greater than two and one-half inches by
species
[3] Existing zoning
[4] Maximum height of all structures
[5] Approximate acreage and density (both gross and
net) of each area, number, height and type of
residential units, and, floor area, height and
types of business, commercial and industrial
uses
[6] Location and general nature of each land use
[7] Total land area, and approximate location and
amount of open space included in the residential ,
business, commercial, and industrial areas
[8] Conceptual drainage plan
[9] Approximate location of proposed and existing major
streets and major pedestrian and bicycle routes,
including major points of access
[10] Approximate location and size in acres of any
public use proposed such as parks, school sites,
and similar public or semi-public uses
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[11] Owner' s certification of acceptance of conditions
and restrictions as set forth on the master plan
[12] Secretary of the Planning and Zoning Board certifi-
cation of approval of site plan
(b) The Master Plan shall be accompanied by
[1] A vicinity map of the area surrounding the site
within a distance of at least one (1) mile showing
at least the following
[a] Zoning districts
[b] Traffic circulation system
[c] Major public facilities
[d] Location of existing municipal boundary
lines
[2] At the same scale as the master plan, the area
surrounding the site within one hundred fifty (150)
feet showing, in appropriate detail, the follow-
ing
[a] Land uses, location of principal structures
and major existing landscape features
[b] Densities of residential uses
[c] Traffic circulation system
[d] Natural features of the landscape
[e] General topographical mapping at same scale as
master plan
[3] The name and address of each owner of property in
the master plan area
[4] A list of the names and addresses of all ovners of
record of real property within five hundred (500)
feet of the property lines of the parcel of land
for which the master plan is proposed, exclusive of
public right-of-way
[5] A statement of planning objectives, including
-45-
[a] Statement of appropriate City Land Use Poli-
cies achieved by proposed master plan
[b] Statement of standards of open space, buffer-
ing landscaping and circulation
[c] Estimate of number of employees for commercial
and industrial uses
[d] Description of rationale behind the assump-
tions and choices made by the applicant,
including the specific advantages the master
plan offers as opposed to a preliminary plan
or conventional subdivision
[6] A legal description of the site
[7] A statement of proposed ownership of public and
private open space areas
[8] A development phasing schedule including the
sequence for each phase, approximate size in areas
of each phase, and, proposed phasing of construc-
tion of public improvements, recreation and common
open space areas
[9] Other documentation as determined by special
circumstances
(3) Preliminary Plan Submittal The following information and
data is require
(a) Written documents
[1] Application forms and filing fee
[2] Legal description of the site
[3] A list of the names and addresses of all o%ners of
record of real property within 500 feet of the
property lines of the parcel of land for which the
planned unit development is proposed, exclusive of
public right-of- iay
[4] A staterent of planning objectives, including
[a] Statement of appropriate City Land Use Poli-
cies achieved by proposed plan
-46-
[b] Statement of proposed ownership of public and
private open space areas Applicants inten-
tions with regard to future ownership of all
or portions of the planned unit development
[c] Estirrate of number of employees for business,
commercial and industrial uses
[d] Description of rationale behind the assump-
tions and choices made by the applicant
[e] The applicant shall submit as evidence of
successful completion of the applicable
criteria, the completed documents pursuant to
these regulations for each proposed use The
Planning Director may require, or the appli-
cant may choose to submit evidence that is
beyond what is required in that section Any
variance from the criterion shall be described
[f] Detailed description of how conflicts between
land uses are being avoided or mitigated
[g] Statement of design methods to reduce energy
consumption including expected savings
[5] A development schedule indicating the approximate
date when construction of the planned unit develop-
ment, or stages of the same, can be expected to
begin and be completed, including the proposed
phasing of construction of public improvements and
recreational and common space areas
[6] Listing of specific land uses being proposed
[7] Traffic impact analysis
(b) Preliminary architectural elevations of all buildings
sufficient to convey the basic architectural intent of
the proposed improvements
(c) Site plan a drawing of the development, at a scale of
either one (1) inch equals fifty (50) feet, or one (1)
inch equals one hundred (100) feet, composed of one or
more sheets with an outer dimension of trtienty-four by
thirty-six (24 x 36) inches, showing the following
information
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[1] Title by which the proposed development is to be
referred
[2] Scale, north point and date of preparation
[3] Location of municipal boundaries at or near the
development
[4] Parcel size in gross and net acres and square
feet
[5] Total number, type, and density per type of dwell-
ing units
[6] Total bedrooms per each 6ielling unit type
[7] Residential density (gross & net)
[8] Estimated total floor area and estimated ratio of
floor area to lot size, with a breakdown by land
use
[9] Proposed coverage of buildings and structures,
including the following
[a] Percentage and square footage of building
coverage
[b] Percentage and square footage of driveway and
parking
[c] Percentage and square footage of public street
right-of-way
[d] Percentage and square footage of open space or
landscaped area
[e] Percentage and square footage of "active
recreational use" area
[10] Number and location of off-street parking, includ-
ing guest, handicapped, bicycle, and motorcycle
parking, including typical dimensions of each
[11] Topographic contours at t% o-foot intervals
[12] Watercourses, water bodies and irrigation ditches
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[13] floodplain
[14] Unique natural features, significant wildlife
areas and vegetative cover, including existing
trees and shrubs, having a diameter greater than
two and one-half (2 112) inches by species
[15] Tentative location, floor area and three-dimensional
envelopes of existing and proposed buildings
[16] Proposed lot lines and dimensions
[17] Boundary and square footage of each area designated
as active recreational use
[18] Location and acreage of comnon open areas and all
public and semi-public land uses, including public
parks, recreation areas, school sites, and similar
uses
[19] Location of existing and proposed pedestrian
circulation system, including its interrelation-
ships with the vehicular circulation system indi-
cating the proposed treatment of points of con-
flict
[20] Maximum building height of all structures
[21] The existing and proposed circulation system of
arterial, collector and local streets, including
off street parking areas, service areas, loading
zones, and major points of access to public
rights-of-way, including major points of ingress
and egress to the development Notations of
proposed ownership, public or private, should be
included where appropriate Width of rights-of-way
and paved surface for each street shall be shown
[22] Existing zoning
[23] The proposed treatment of the perimeter of the
planned unit development, including materials and
techniques used, such as screens, fcnces, walls and
other landscaping
[24] Proposed signage
[25] Area shown on the site plan shall extend beyond the
-49-
property lines of the proposal to include a survey
of the area and uses within 150 feet of the propo-
sal at the sane scale as the proposal and including
the following
[a] Land uses and location of principal struc-
tures
[b] Densities of residential uses
[c] Existing trees and major features of landscape
[d] Topographic contours at two-foot intervals
[e] Traffic circulation system
(d) Vicinity map of the area surrounding the site within a
distance of at least one (1) mile showing
[1] Zoning Districts
[2] Location of existing municipal boundary lines
[3] Traffic circulation systems
[4] Major public facilities (schools, parks, etc )
(e) A general landscaping plan indicating the treatment of
materials used for private and common open spaces,
including all existing vegetation with identification of
trees by sizes of species, and specific proposals to
protect and preserve existing trees during and after
construction The details of site and species for
intended plannings of vegetation will be required at the
final plan phase
(f) The existing and proposed utility systems, including
sanitary sewers, storm sewers, water, electric, gas
and telephone lines, fire hydrants and trash collection
areas
(g) Street cross sections schematics snall be submitted for
each general category of street, including the proposed
width, treatment of curbs and gutters, sidewalk systems
and bikegay systems
(h) Physiog-aphic data, including the following
-50-
[1] A description of soils existing on the site,
accompanied by analysis as to the suitability of
such soils for the intended construction and
proposed landscaping
[2] A map sho�Ning all permanent and temporary streams
and a sketch showing the 100-year floodplain for
each period
[3] A description of the hydrologic conditions of the
site with analysis of water table fluctuation and a
statement of site suitability for the intenoed
construction and proposed landscaping
( i) Preliminary drainage report and calculations and/or
plan, including
[1] All watercourses on the property or which are
located within 150 feet of the property must be
shown In addition, the floodways and/or flood
fringe areas of these watercourses must be delinea-
ted
[2] All drainageaays, streets, arroyos, dry gullies,
diversion ditches, spillways, reservoirs, etc ,
which may be incorporated into the storm drainage
system for the property shall be designated
[3] All irrigation ditches, laterals, and structures
shall be shown
[4] All required on-site detention areas, including
notes indicating the approximate area and volume of
the facility
[5] All plans shall indicate the proposed outlet for
the storm drainage from the property, including the
name of the drainagexay (where appropriate), the
downstream conditions (developed, available drain-
ageways, etc ) , and any do mstream restrictions
[6] Existing and/or proposed gracing plan
(j) Location of temporary model homes, sales office, and/or
construction facilities, including temporary signs and
parking lots
(k) One rendered set (unfolded) each of architectural , site
plan and landscape drawings
-51-
(1) 8" x 11" reduction of all plans and architectural
drawings
(m) Owner certification of acceptance of conditions and
restrictions as set forth on the site plan
(n) Impact studies and other studies as the Planning and
Zoning Board may require for the full and complete con-
sideration of the planned unit development
(4) Final Plan Submittal The following information and data is
required
(a) Final site plan shall be submitted on 24" x 36" sheets
at a scale 1" = 50 feet or 1" = 100 feet showing the
following information
[1] Land use data (same information as required on the
preliminary site plan)
[2] Lot lines, easements, public rights-of-way as per
subdivision plat
[3] Exact location of all buildings and structures and
three-dimensional building envelopes dimensioned on
at least two sides to a platted property line
[4] Existing and proposed streets with names Designa-
tion of street to be public or private Limits of
those private accessways to be dedicated as public
utility easements and/or as other types of easements
[5] Owner certification of acceptance of conditions and
restrictions as set forth on the site plan
[6] Secretary of the Planning and Zoning Board certifi-
cation of approval of the site plan
(b) Final landscape plan, including the following
[1] A landscape plan indicating the treatment of
exterior spaces The design objective of the plan
must be clear and supported by a written statement
The plan must provide an ample quantity and variety
of ornamental plant species which are regarded as
suitable for this climate Landscape treatment
must be balanced with both evergreen and deciduous
plant material with sufficient use of upright
-52-
species for vertical control Plant material
selection will be reviewed for adaptability to
physical conditions indicated by site plan loca-
tions The landscape plan shall include the
follo%nng
[a] Extent and location of all plant materials and
other landscape features Plant material must
be identified by direct labeling on the plant
or by a clearly understandable legend
[b] Flower and shrub bed definition must be clear
and drawn to scale with dimensions
[c] Proposed plant material should be indicated at
mature sizes and in appropriate relation to
scale
[d] Species and size of existing plant materials
[e] Proposed treatment of all ground surfaces must
be clearly indicated (paving, turf, gravel,
grading, etc )
[f] Location of water outlets If areas of
planting are extensive, plans for an under-
ground sprinkler system will be required
[g] Plant material schedule with common and
botanical names, sizes, quantities, and method
of transplant Plants must be sized according
to the following table
Type Size
Standard deciduous trees 1-3/4" to 2" caliper
Small ornamental & flower-
ing trees 1-1/2" to 1-3/4" caliper
Evergreen trees 5' to 6' in height
Shrubs Adequate size to be con-
sistent with design
intent
[h] Security lighting
[2] All plant material must meet specifications of the
American Association of Nurserymen (AAN) for number
one grade All trees must be balled and burlaped,
or equivalent
-53-
[31 No building permit shall be issued for construction
of any building on any portion of a planned unit
development until the landscaping required by the
final landscape plan is in place or a bond, cash
deposit, or equivalent, is deposited with the City
conditioned on and guaranteeing the installation of
all landscaping shown on the approved landscape
plan Such bond, cash deposit, or equivalent,
shall be in the amount of 125% of the estimated
cost of the landscaping improvements determined by
an executed contract to install such landscaping or
by adequate appraisals of such cost Such bond,
cash deposit, or equivalent, shall further guaran-
tee the continued maintenance and replacement of
the landscaping for a period of two (2) years after
installation, but the amount of the same shall be
reduced after installation is completed to twenty-
five percent (25%) of the actual cost of such
landscaping If the required landscaping is
already installed prior to application for a
building permit, a bond in the amount of twenty-
five percent (25%) of the actual cost of the
landscaping guaranteeing continued maintenance and
replacement of the same for a period of two (2)
years shall be required as a condition of issuance
of the building permit Any bond, cash deposit, or
equivalent, deposited pursuant to this requirement
shall be released upon certification by the Build-
ing Inspector that the required landscaping program
has been completed and maintained in accordance
with the requirements of the bond If any land-
scaping required pursuant to this section is not
maintained in accordance with the requirements of
the final plan, such failure to maintain the
landscaping shall be a violation of this chapter
and enforceable as provided by law
(c) Subdivision plat An official subdivision plat of the
site must accompany the final planned unit development
plan This plat must conform to the subdivision re-
quirements of the City, except as % aived by the approved
preliminary plan for the planned unit development The
subdivision shall contain proper dedications for public
streets, utility easements, and all other public rights
required by the preliminary plan Approval by the
Planning and Zoning Board of the final plan and subdivi-
sion plat shall be required before filing of the subdi-
vision plat or issuance of building permits
-54-
(d) Final utility plans Final detailed engineering for
sewer, water, electrical , street improvements and other
public improvements must be submitted to and approved by
the City, and the developer shall execute an agreement
in proper form providing for the installation of such
improvements prior to submission of the final plan to
the Planning and Zoning Board
(e) 8" x 11" reduction of all site plans and plans
(f) Other information and data as the Planning and Zoning
Board may require for full and complete consideration of
the development
H Effective Period of a Planned Unit Development Plan
The development shall be constructed in a timely manner The
development shall be subject to revocation under the following
conditions
(1) Time limit for action upon a master plan There is no time
limit for action on a master plan
(2) Time limit for action upon a preliminary plan Within a
maximum of twelve (12) months following the approval of a
preliminary plat, the application shall proceed by filing
with the Planning Division a final plan in detailed form
covering all or a part of the development Upon application
and for good cause, the Planning Director may extend the
period for filing a final plan for successive six-month
periods If no final plan is filed within such time, the
right to proceed under the preliminary plan shall expire
(3) Time limit for validity of the final plan The applicant
must begin and substantially complete the development of an
approved final plan within two (2) years from the time of
final approval Extensions for successive periods of six (6)
months may be granted by the Planning Director If the final
plan is to be developed in phases, the approved plan shall
contain a development schedule and the applicant must begin
and substantially complete the development of eacn stage
within two (2) years of the time provided for the start of
construction of each stage in the development schedule
Extensions may be granted by the Planning Director on the
same basis as for nonptiased developments Failure to develop
within the specified time limit shall cause a forfeiture of
the right to proceed under the final plan and require resub-
mission of all materials and reapproval of the same
-55-
I Project Phasing
(1) Preliminary plans If a project is to be developed in
phases, a master plan for the entire development site must
be approved and a preliminary plan must be concurrently
submitted for Phase I Subsequent applications may be made
for the next phase of the approved master plan, provided such
phase is consistent with the approved master plan and the
provisions of this section
(2) Final plans Final plans for a preliminary planned unit
development may be submitted in phases The final plan
shall conform substantially to the preliminary plan of
planned unit development as approved
J Special Conditions for Developments
All developments shall meet the requirements herein set forth and
no final plan shall be approved that does not meet these require-
ments
(1) The developer shall submit a legal instrument setting forth a
plan providing for the permanent care and maintenance of open
spaces, recreational areas and communally owned facilities
and parking lots The same shall be submitted to the City
Attorney and shall not be accepted until approved as to legal
form and effect If the common open space is deeded to a
homeowners' association, the applicant shall file the pro-
posed documents governing the association Such documents
shall meet the following requirements
(a) The homeowners' association must be established before
any residences are sold
(b) Membership in the association must be mandatory for each
residence owner
(c) Open space restrictions must be permanent and not for a
period of years
(d) The honeo m ers' association must be made responsible
for liability insurance, taxes and maintenance of
recreational and other facilities
(e) The association must have the power to levy assessments
which can become a lien on individual premises for the
purpose of paying the cost of operating and maintaining
common facilities
-J6-
(f) The governing board of any such association shall
consist of at least five (5) members who shall be owners
of property in the planned unit development
(2) Open space maintenance guarantee In the event the organiza-
tion established to own and maintain common open spaces,
recreational areas, communally owned facilities and private
streets, or any successor organization, shall at any time
fail to maintain the common facilities in reasonable order
and condition in accordance with the approved plan, the City
Council may cause written notice to be served upon such
organization or upon the o m ers of property in the develop-
ment setting forth the manner in which the common facilities
have failed to be maintained in reasonable condition, which
notice shall include the demand that the deficiencies noted
be cured within thirty (30) days thereafter and shall state
the date and place of a hearing to be held within fourteen
(14) days of the notice At the time of hearing, the City
Council may modify the terms of the original notice as to
deficiencies and may extend the time within which the same
may be cured If the deficiencies set forth in the original
notice or modifications are not cured within the time set,
the City Council , in order to preserve the taxable values of
properties within the development and to prevent the common
facilities from becoming a public nuisance, may enter upon
such common facilities and maintain the same for a period of
one (1) year Such entry and maintenance shall not vest in
the public any right to use the common facilities not dedi-
cated to public use Before expiration of such year, the
City Council shall , upon its own initiative or upon the
written request of the organization theretofore responsible
for maintenance, call a public hearing and give notice of
such hearing to the organization responsible for maintenance
or the property owners of the planned unit development At
such hearing, the organization responsible for maintenance
and/or the residents of the development may shoo cause why
maintenance by the City should not be continued for a suc-
ceeding year If the City Council determines that it is not
necessary for the City to continue such maintenance, the City
shall cease such maintenance at the time established by the
City Council Otherwise the City shall continue maintenance
for the next succeeding year subject to a similar hearing and
determination at the end of each year thereafter The cost
of maintenance by the City shall be a lien against the common
facilities of the planned unit development and the private
prope-ties within the development The City Council shall
have the right to make assessments against properties in the
development on the sane basis that the organization respon-
-57-
sible for maintenance of the facilities could make such
assessments Any unpdio assessment shall be a lien against
the property responsible for the same, enforceable the sane
as a mortgage against such property The City may further
foreclose its lien on the common facility by certifying the
same to the County Treasurer for collection as in the case of
collection of general property taxes
(3) Guarantees for open space preservation Open space shown on
the approved final plan shall not be used for the construc-
tion of any structures not shown on the final plan
(4) Housing for Low-Income Families
(a) To qualify for a residential density bonus, a project
which includes dwelling units for low-income families
shall be accompanied by covenant documents or other
adequate documents to be recorded with the Office of the
County Clerk, guaranteeing the use of those dwelling
units for low-income families The documents shall not
be accepted until approved by the City as to legal form
and effect, providing that the use restriction be for at
least twenty-fi,.e (25) years
(b) The above requirement may be waived if the dwelling
units for low-income families are being provided under a
contract with a governmental housing authority which
provides adequate assurance that the units will be made
available to low-income families
(c) No final plan shall be approved for any portion of a
planned unit development, approved with a residential
density bonus for providing dwelling units for low-
income families, until the necessary legal documents
have been submitted and approved
(5) Off-Site Open Space
(a) To qualify for a residential density bonus, a project
which includes off-site open space shall convey such
real property to the City in fee simple or be accompa-
nied by other adequate documents to be recorded with
the Office of the County Clerk, guaranteeing the perma-
nent use of the property as open space The documents
shall not be accepted until approved by the City as to
legal form and effect
(b) Property qudlifyrng as off-site open space shall be
-58-
• � J
approved for adequacy by the City for its intenoed
use
(c) A residential density bonus for off-site open space
areas snall not be denied solely on the basis of that
area being devoted to water channels, water bodies,
areas devoted to improved flood channels and areas
encumbered by a flowage, floodway, or drainage easement
(d) No final plan shall be approved for any portion of a
planned unit development approved with a residential
density bonus for providing off-site open space until
the necessary legal documents have been submitted and
approved
(6) Neighborhood Public Facilities
(a) To qualify for a residential bonus, a project which
includes neighborhood public facilities beyond those
otherwise required by the City, shall be accompanied by
an agreement to be recorded with the Office of the
County Clerk, guaranteeing the construction of those
facilities in a timely manner acceptable to the City
The documents shall not be accepted until approved by
the City as to legal form and effect
(b) The types of neighborhood public facilities that would
qualify a project for a residential density bonus
include, but are not limited to
[1] Dedication of public park land,
[2] Expansion of Transfort service,
[3] Extension or augmentation to City utilities,
including water, sewer, electricity, storm drain-
age, pedestrian walks/bikeways/streets, and
[4] Dedication of land for public use, including
library, fire station, police station or other City
facilities
(c) Neighborhood public facilities qualifying for a resi-
dential density oonus shall meet the following require-
ments
[1] Must be for the use and enjoyment of the residents
of the project and/or surrounding neighborhood,
and
-59-
[2] Must be approved by the City
(d) No final plan shall be approved for any portion of a
planned unit development, approved with a residential
density bonus for providing neighborhood public facili-
ties until the necessary legal documents have been
submitted and approved
K Variance Procedures
The Planning and Zoning Board is empowered to grant variances to
the provisions of this section under the follodnng circumstances
(1) The applicant demonstrates that the plan as submitted is
equal to or better than such plan incorporating the provision
for which a variance is requested, or
(2) The strict application of any provision would result in
peculiar and exceptional practical difficulties to, or
exceptional and undue hardship upon, the owner of such
property, provided that the variance may be granted without
substantial detriment to the public good and without sub-
stantially impairing the purpose of this section
-5u-
Section 2 That the Land Development Guidance System shall be
reviewed by the City Council approximately one year after the effective
date thereof and that the City Council shall thereafter make any changes to
such System that it deems necessary and proper after reviewing recommenda-
tions, if any, of the City Planning Staff, the City Planning and Zoning
Board, and the public
Introduced, considered favorably on first reading and ordered pub-
lished this 17th day of February, A D 41981, and to Lesented for final
passage on the 3rd day of March, A D iay.b:!'
9 1
P
�ATTEST
'S7V
City Clerk
Passed and adopted on second reading this 3rd day of March ,
1981
aT�yor
ATTEST
City Clerk