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Ordinance 2007-10

WHEREAS; the Planning Commission has worked diligently with the Engineers for the
City to study and develop guidelines and standards for Planned Unit Development in Johnson.
Section 1: General Description. It is the intent of this section to encourage
development with
superior living environments brought about through unified development, and to provide for the
application of design ingenuity in such developments, while protecting existing and future
surrounding areas in achieving the goals of the comprehensive plan for development of the city.
The Planned Unit Development, hereinafter PUD. provisions herein established, are intended to
provide for greater flexibility in the design of buildings, setbacks, courts, circulation and open
space than would otherwise be possible through the strict application of other district regulations,
and to produce:
(1) A maximum choice in the-type of environment and living units available to the
(2) Open space and recreation areas;
(3) A pattern of development which preserves natural features, prevents soil erosion, and
protects water quality;
(4) A creative approach to the use of land and related physical development;
(5) An efficient use of land resulting in smaller networks of utilities and streets, and
thereby lowering costs; and
(6) An environment of stable character in harmony with surrounding
The PUD regulations are designed to provide for small- and large-scale developments
incorporating a single type or a variety of residential, commercial, and related uses that are
planned and developed as a unit. Such development may consist of individual lots or it may
have common building sites. Private or public common land and open space should be an
essential and major element of the plan that is related to and affects the long-term value of the
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homes and other development. A planned unit shall be a separate entity with a distinct character
and be in harmony with surrounding development.
Section 2: Standards of Development.
(1) Ownership Control. The land in a planned unit development district (PUD) shall be
owned, leased, or otherwise controlled by a person, firm, group of individuals,
partnership, corporation, or trust, provided assurances are given through the procedures
contained herein that the project can be successfully completed.
(2) Minimum District Area. The minimum area for a PUD district shall be two (2)
acres. In calculating the minimum area for a PUD district, the measurements shall
include the area of all dedicated streets entirely within the boundary of the proposed
PUD, and one-half of the area of the right-of-way of all boundary or perimeter streets.
(3) Uses Permitted. In order to increase creativity and flexibility in the development of
areas suitable for a planned unit development, there are no specifically prescribed uses
that are permitted within the boundaries of a planned unit development. The developer
shall be responsible for preparation of a list of permitted uses within the specific planned
unit development requested. The development list shall take into account the nature and
purpose of the PUD area, and such uses and locations shall be appropriate in order to
protect and be in harmony with surrounding development.
At the time of the pre-application plan and conference, the applicant shall generally
describe the nature and types of land uses to be located within the boundaries of the PUD
district. At the time of zoning application and consideration of the preliminary plat, a
specific written list of uses to be "permitted by right" shall be submitted for review by the
planning commission. If approved by the planning commission and city council, the list
of specific uses permitted by right shall serve as the control list in issuance of building
permits and certificates of occupancy.
In addition to the above permitted uses that are established by right, certain other uses
may be prescribed by the developer in accordance with the restrictions included herein
and said uses are designated as conditional uses. These uses more intensely dominate the
area in which they are located than do other uses which might be permitted in the PUD
district and. as such, they require special considerations and restrictions. If the developer
and /or planning commission agree that certain conditional uses should be included
within the PUD district, the applicant shall precisely indicate the specific use, its location,
area to be included, maximum building square footage, and such other information as
required by the planning commission to properly and comprehensively evaluate the
and impact of such conditional uses. When such conditional uses are approved at the
time of rezoning. they shall not be subsequently changed to any other use until and unless
they are changed to another use that is permitted by right, or the new proposed use if not
permitted by right in a PUD district, is resubmitted for rezoning approval.
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(4) Parking and Off-Street Loading. All uses established with a planned unit development
district shall comply with the off-street parking and loading requirements as established
in the city's zoning regulations. However, the requirements for individual structures or
lots may be met through either provision of adequate parking on the lot on which such
structure is so located, or upon adjacent property which i.; under the control of a property
owners' association, to which said lot is an automatic participant. In no case, however,
shall the cumulative requirements of all parking and off-street loading requirements be
less than if said uses were individually established and located in any other zoning district
within the city.
(5) Perimeter Requirements. In order to assure compatibility with surrounding
development the developer shall submit specific information as to the setbacks, building
height, coverage factors and other elements necessary for all perimeter lots that are
adjacent to the boundary of the PUD district or adjacent to any boundary or perimeter
street right-of-way. While no specific setback requirements are herein established, the
planning commission shall consider the nature, extent and character of the adjacent
development and shall take into consideration the types of area regulations applicable to
adjacent properties.
(6) Residential Density Standards. The maximum number of dwelling units permitted
within a PUD district is dependent upon both the type and number of each type of
residential units intended to be included in the PUD district. Densities within certain
areas of the PUD may be beyond the overall limits through a transfer of density.
However, overall project densities shall not be exceeded in accordance with the following
(a) Eight (8) dwelling units per net residential acre for single-family attached and
detached houses and duplexes.
(b) Fifteen (15) dwelling units per net residential acre for triplexes, fourplexes,
and row or terrace housing.
(c) Eighteen (18) dwelling units per net residential acre for two story, and twentyseven
(27) units per net residential acre for three story apartments.
(d) Forty (40) dwelling units per net residential acre for high-rise (four stories or
more) apartments.
For purposes of calculating densities, net residential acres are defined as gross acres of
the PUD site minus all public rights-of-ways, and less the area of all parcels or lots
devoted to commercial, industrial, or institutional uses not of a residential nature.
Common open space that is owned and maintained by a property owners' association
shall be included in calculating the net residential acres available for all dwelling units
that automatically belong to such an association. Where more than one property owners'
association is to be created, then each common open space can only be attributed to the
lot or dwellings which have automatic membership for that specific common open area.
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(7) Open Space Requirements. Common open space constitutes an essential ingredient in
a planned unit development and is one of the most basic and important design elements.
Open space should be distributed more or less equitably throughout the PUD district in
relationship to the dwelling units and other use areas that are intended to be served by the
common open space. Adequate guarantees must be provided that the common open
space areas as contained in the plan for the PUD district are preserved and maintained for
those purposes only. A minimum of twenty percent (20%) of the total project area shall
be devoted to lawns, courtyards, plazas and/or natural green space, exclusive of paved
surfaces for vehicular use. A property owners' association shall be required, if other
arrangements satisfactory to the planning commission have not been made, for
improving, operating and maintaining all such common open space areas. At the time the
final plan and plat is submitted, the articles of incorporation and bylaws of the property
owners' association shall be reviewed and approved by the planning commission.
Additionally, the restrictive covenants which run with th:J land must be submitted and
include similar provisions to preserve all open space areas.
Section 3: Procedures For Obtaining PUD Zoning. A three-step review procedure is
required for obtaining PUD zoning and final approval of the final plan and plat. The first step
involves a pre-application plan and conference which is designed to provide information to
the city of the developer's intention with respect to the nature and scope of the proposed PUD
district and to allow the developer to be informed of the city's regulations and policies
concerning development alternatives for the area. The second step involves submission of a
formal application for rezoning of the area to a PUD district and simultaneous submission of a
preliminary plat in accordance with the city's subdivision regulations. The last step involves
submission of the final development plan and plat for approval and recording prior to
commencing building construction. These steps are outlined as follows with respect to the
procedure followed and submission requirements at each step:
(1) Pre-application Plan and Conference.
(a) Procedure.
(1) A pre-application plan shall be submitted to the planning commission
for review of the area and proposed uses relative to the compatibility of a
planned unit development project with existing development in the
surrounding area and the comprehensive development plan of the city.
(2) Each applicant shall confer with the city building official and
interested Department heads in connection with the preparation of the
planned unit development application. It shall be the responsibility of the
building official to contact and invite interested department heads and
other parties to a joint meeting. The general outlines of the proposal,
evidenced schematically by the pre-application plan and such other
information as may be desired, are to be considered before submission of
the planned unit development application.
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(3) Upon review of the site plan and general area, and following
completion of the pre-application conference, the building official shall
furnish the applicant with written comments regarding the conference,
including appropriate recommendations ti, inform and assist the applicant
prior to preparing the components of the planned unit development
(b) Submission Requirements. At the time of requesting a pre-application
conference, the applicant shall submit a scaled site plan and such other narrative
or graphic information the applicant deems pertinent to the city's initial review
and evaluation of the potential of the PUD district proposed. The pre-application
plan shall include the following:
(1) Boundaries of the property involved;
(2) Existing zoning of the area and zoning of adjoining properties;
(3) Existing roadways, easements, and waterways;
(4) Indication of availability of all utilities;
(5) General plan of development at a level of detail sufficient to indicate
to the city the nature and scope of the project as to its magnitude in terms
of approximate number and types of dwelling units; location and extent of
nonresidential elements; proposed locations of major open space areas:
and circulation and access.
(2) Zoning Application and Preliminary Plat. After receiving written comments
following the pre-application conference, the applicant may proceed in preparing a
formal application for a planned unit development to the planning commission. The
application shall consist of a simultaneous submission of a preliminary plat and a
rezoning application. The preliminary plat shall conform to all requirements contained in
the subdivision regulations with the exception of certain design requirements regarding
lots, setbacks, etc., that are specifically exempted or modified by provisions of this
chapter. The rezoning application shall be processed following the procedure for map
(a) Submission Requirements. The applicant shall simultaneously submit both a
preliminary plat and a rezoning application. To form the basis for the rezoning
application, a preliminary site plan shall be submitted and it shall include at least
the following information:
(1) Proposed title of the project and name of any engineer, architect land
planner, land surveyor, landscape architect, or company responsible for
various elements of the plan.
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(2) North arrow, graphic scale, and date.
(3) Boundaries of the properties involved, all existing easements, section
lines and property lines, existing streets, existing buildings, watercourses,
waterways or lakes, and other existing physical features in and adjoining
the property.
(4) Location and sizes of existing and proposed sanitary and storm sewers,
water mains,
culverts and other underground structures in and adjacent to the project.
(5) Topography of the project area with appropriate contour intervals.
Minimum contour intervals shall be as follows: Zero to twenty percent
grade 2 feet interval, over 20 percent grace 5 feet interval.
(6) General land use development plan of the area indicating the location
of different land uses, dwellings by types and numbers, areas designated
for commercial uses and other nonresidential uses, and areas proposed for
open space and recreational use. For all residential areas, the site plan
shall clearly indicate the type and number of dwellings to be located per
parcel, lot or block in accordance with the preliminary plat. In addition,
minimum lot sizes per dwelling unit shall also be established. For all
commercial or other nonresidential uses, the areas shall clearly be
indicated in accordance with lots, parcels, or blocks and each such parcel
shall indicate the type of building proposed, number of stories, and gross
square footage to be included on each parcel. The boundaries of all open
space areas shall be clearly indicated along with the form of proposed
ownership, that is, by property owners' association or public park or other
legal entity, and in such case where more than one property owners'
association is being created, documentation shall be clearly submitted as
to which areas will have automatic membership into said associations.
This requirement, however, shall not be interpreted as requiring a detailed
site development plan that includes the exact boundaries and locations of
all structures proposed for construction.
(7) All setback lines for all properties shall be shown.
(S) If the project is to be developed in more than one phase, the
of each proposed phase shall be clearly indicated on the site plan map.
(9) Calculations shall be submitted of the total number of gross acres in
the project, and the acres and percentage thereof, proposed to be devoted
to the several dwelling types, commercial uses, other nonresidential uses,
streets, parks, schools, open space, and other reservations.
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(10) Tabulation of the total number of dwelling units by various types in
the project, and the total number of net residential acres within the project.
The tabulations shall so indicate conformance of the proposed project or
each phase within the project, to the residential density standards for the
PUD district.
(3) Final Plan and Plat. Upon approval of the rezoning request by the city council, the
applicant may proceed with the preparation of the final plan and plat. The final plat shall
meet all applicable requirements of the city's subdivision regulations and shall be
processed in accordance with those regulations. The applicant shall submit a written and
graphic description of any modifications made to the final plan from the approved
preliminary plan. If it is determined that no changes have been made from the
preliminary plan, or if only minor plan changes have been made in accordance with the
definition provided herein below, then the review by the planning commission may
proceed and the plat may be submitted to the planning commission for approval. If
approved, the plat shall be filed in the office of the Washington County Circuit Clerk.
(4) Amendments. Amendments may be required either to the preliminary site plan, or the
final development plan. The procedure governing the disposition of amendments shall be
as follows:
(1) Amendments to Preliminary Plan. At the time a final plan is submitted for
review, it shall be determined whether or not any amendments have been made to the
approved preliminary plan. If amendments have been made, then a determination shall
be required as to whether or not said amendments constitute a major or minor plan
change. Modifications from the previously approved preliminary plan shall be deemed to
be minor plan changes if any and all modifications by the applicant of the plan do not:
(a) Vary the total number of dwelling units by more than five percent (5%);
(b) Involve a reduction of the area set aside for common open space or the
substantial relocation of such area or areas;
(c) Increase by more than five percent (5%) the total floor area proposed for any
nonresidential use; and
(d) Does not substantially change the location of any nonresidential areas as
shown on the preliminary plan.
Additionally, modifications in the location or design of minor streets, cul-de-sacs, alleys,
or facilities for water and for disposal of stormwater and sanitary sewage shall not be
considered as major modifications. All other changes in the planned unit development,
including changes in the site plan and development schedule, must be made under the
procedures that are applicable to the initial approval of a planned unit development.
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(2) Amendments to Final Development Plan. The final development plan as submitted
and approved may be amended in accordance with the following procedure. Minor
changes may be authorized by the building official, in such cases where changes are
required by engineering or other circumstances not foreseen at the time the final
development plan was approved. No change authorized by the building official under
this section, however, may either increase the total area devoted to any and all
nonresidential uses, or decrease the amount of area devoted to common open space, or
increase the total number of dwelling units located on any lot, block, or parcel as
approved in the final development plan. Notwithstanding any of these conditions, the
building official may not permit changes beyond the minimum or maximum requirements
set forth in these regulations. All other changes in the planned unit development,
including changes in the site plan or the development schedule, must be made under the
procedures that are applicable to the initial approval of a planned unit development.
Section 4: Administration and Enforcement.
(1) Review Standards. The planning commission shall investigate and ascertain that the
plans for a planned unit development meet the following conditions:
(a) That the tract of land for the entire project comprises not less than two (2)
acres .
(b) That the project is in conformity with the requirements and standards of
development of the planned unit development district and is consistent with the
intent and purpose of this section.
(c) That the proposed project constitutes an environment of sustained desirability
and stability, and that it is in harmony with the character of the surrounding
neighborhood, and is not inconsistent with the city's comprehensive plan.
(d) That the property adjacent to the proposed development will not be adversely
(2) Recorded Plat and Plot Plan Required. The proposed development shall follow all
applicable procedures, standards, regulations, and laws governing the subdivision of land.
No building permit for any structure shall be issued until a final plat of the proposed
development or part thereof, is approved and recorded and an approved plot plan is
submitted in accordance with these regulations.
(3) Phasing and Development Schedule. The applicant shall clearly indicate on the site
plan map, the boundaries of each proposed phase. If the sequence of construction of
various portions of the development is to occur in phases or stages, then the open space
and/or recreational facilities should be developed or committed thereto in proportion to
the number of dwelling units intended to be developed during any given stage of
construction or in the case of non-residential uses, open space shall be developed or
committed thereto in proportion to the area of the phase being developed.
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Additionally, the applicant shall submit a schedule of construction for the project, or for
each phase within the project, indicating the sequence of development according to
residential type and other nonresidential construction within the project. Upon adoption
of the schedule of construction, the building inspector sh-ill be responsible for enforcing
this schedule. If the building inspector determines that the rate of construction of
residential units or nonresidential structures differs from the construction schedule, he
shall so notify the developer in writing. Thereafter, the building inspector may issue such
orders to a developer as necessary to correct said schedule, and upon continued violation
of this subsection may' suspend the developer from further construction of dwelling units
or nonresidential structures until compliance is achieved.
(4) Causes for Revocation. The planning commission may recommend to the city
that any previous planned unit development approval be revoked, and all building permits
be voided under the following circumstances:
(a) If the applicant has not submitted a final development plan to the city within
one (1) year of preliminary plan approval. Where an optional staged development
plan is utilized, the affected portion of the approved preliminary plan may be
revoked in its entirety or to the extent of that portion on which a final
development plat has not been submitted and approved.
(b) If no building permit has been issued within 1 wo (2) years from the recording
date of the final development plan map, or initial plan of a staged, final
development plan, and the applicant has not been granted an extension.
(c) If the applicant does not adhere to the phased development schedule as stated
in the approved preliminary development plan.
(d) If the construction and provision of all common open spaces and public and
recreational facilities which are shown on the final development plan map are
proceeding at a substantially slower rate than other project components.
From time to time, the planning commission shall compare the actual development
accomplished with the approved development schedule. If the commission finds that the
rate of construction of dwelling units or other structures is substantially greater than the
rate at which common open spaces and public recreational facilities have been
constructed and provided, then the planning commission may initiate revocation action or
cease to approve an}' additional final development plans/plats if preceding phases have
not been finalized. The city may also issue a stop work order or discontinue issuance of
building permits, or revoke those previously issued.
Section 5: Whereas there is now being prepared a proposal for a planned unit
development covering over ten (10) acres of underutilized land within the City, the City Council
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recognizes this as a unique one-time opportunity to promote development of this area of the City
and determines that an emergency exists to promote the health, welfare and safety of the citizens
of this area, therefore an emergency is hereby declared and this ordinance shall be effective
immediately upon its passage and approval.
PASSED AND APPROVED this 14th day of August, 2007.
Jennifer Allen: Recorder/Treasurer
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