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DIVISION 11. RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT*
*Cross references: Planned unit development, § 78-1001 et seq.
Sec. 78-621. Purpose.
The purpose of the residential planned unit development (RPUD) district is to provide a district
which will allow for the implementation of certain residential housing goals established in the 2000--
2020 Orono Community Management Plan ("CMP" or "comprehensive plan"). The RPUD district is
established to accommodate the densities and types of residential development contemplated in the
CMP by incorporating the principles of the planned unit development concept. The RPUD district will
encourage the following:
(1) Flexibility in land development and redevelopment in order to utilize new techniques
of building design, construction and land development;
(2) Provision of housing to meet lifecycle, and affordable and moderate cost housing
needs;
� (3) Energy conservation through the use of more efficient building designs and sitings
and the clustering of buildings and land uses;
(4) Preservation of desirable site characteristics and open space and protection of
sensitive environmental features, including steep slopes, poor soils and trees;
(5) High quality of design and design compatible with surrounding land uses, including
both existing and planned;
(6) Sensitive development in transitional areas located between different land uses and
along significant corridors within the city; and
(7) Development which is consistent with the comprehensive plan.
(Ord. No. 202 2nd series, § 1(1), 2-26-2001)
Sec. 78-622. Exceptions.
This section shall not apply to any residential PUD or PRD which has received preliminary or
final approval by the city council prior to the effective date of the ordinance from which this division is
derived, unless such application is requested by the property owner and approved by the city council.
(Ord. No. 202 2nd series, § 1(9), 2-26-2001)
Sec. 78-623. Permitted uses.
Within the RPUD district, no structure or land shall be used except for one or more of the
following uses:
(1) One-family detached dwellings.
(2) Publicly owned parks and playgrounds.
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(3) Municipal buildings.
(4) Multifamily attached dwellings only when consistent within the areas of the city
designated as urban area in the comprehensive plan.
(Code 1984, § 10.20(2); Ord. No. 202 2nd series § 1(2), 2-26-2001)
State law references: State mandated permitted uses, Minn. Stat. §462.357, subd. 7.
Sec. 78-624. Conditional uses.
Within the RPUD district, no land or structure shall be used for the following uses except by
conditional use permit:
Public service structures. Public service structures, including but not limited to electric
transmission lines, buildings, such as telephone exchange stations, booster or pressure
regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical
power substations, provided no building shall be located within 50 feet from any lot line of an
abutting fot in an R district. Prior to granting such permit it shall be found that the architectural
design of service structures is compatible to the neighborhood in which it is to be located and
thus will promote the general welfare. Public service structures that have been approved by the
city at required public hearings for public improvement projects shall not require a conditional
use permit, but such structures shall be subject to all other appropriate standards set forth in
this section; amendments to approved plans involving design and/or placement of these
structures will require written notice by the city to all affected property owners 14 days prior to
the adoption of the amended plans by the council. Personal wireless services and commercial
broadcasting antennas and towers shall not be considered public service structures. Uses
allowed by conditional use permit shall be reviewed for compliance with the PUD master
development plan and with the applicable conditional use permit standards of this division. Uses
allowed by conditional use permit shall also be subject to site and building plan review pursuant
to this division.
(Ord. No. 202 2nd series, § 1(3), 2-26-2001)
Sec. 78-625. Accessory uses.
Within any RPUD district, the following uses shall be a permitted accessory use:
(1) Private garages and parking space.
(2) Private swimming pools, tennis courts, and paddocks.
(3) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of section 26-76,
when applicable.
(4) Signs, as regulated in this chapter.
(5) Buildings temporarily located for purposes of constructing on the premises for a
period not to exceed time necessary for such constructing.
(6) Gardening and other horticultural uses, including aviaries and decorative landscape
features.
(7) Communication reception/transmission devices as follows:
a. Accessory antennas, which shall be limited to radio and television receiving
antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and
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ARTICLE IV. DISTRICT REGULATIONS Page 3 of 15
receiving antennas. Accessory antennas that are accessory to the principal use
of property are permitted accessory uses in all zoning districts, provided they
meet the following conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20
feet in height from ground level.
2. Yards. Accessory antennas shall not be located within the required
front yard setback, corner side yard setback or side yard setback abutting
a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals at a
location in any allowable placement area, the accessory antenna may be
placed on the roof of any authorized structure on the premises.
4. Location. Accessory antennas shall not be located within a required
yard or setback area or within drainage or utility easements. Antenna
towers shall be set back from adjacent property lines a horizontal
distance no less than the maximum height of the antenna.
5. Building permits. A building permit shall be required for the
installation of any accessory antenna requiring a conditional use permit.
Building permit applications shall be accompanied by a site plan and
structural component data for the accessory antenna, including details of
anchoring. The building official must approve the plans before
installation.
6. Lightning protection. Each accessory antenna shall be grounded to
protect against natural lightning strikes in conformance with the National
Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and
connections shall be designed and installed in conformance with the
National Electrical Code as adopted by the city.
8. Color/confent. Accessory antennas shall be of a neutral color and
shall not be used as signage.
b. Amateur shortwave radio antennas and towers which do not meet the
conditions for accessory antennas may be allowed with a conditional use permit
in all zoning districts, provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on an
antenna tower, the total height of the antenna and tower shall not exceed
65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be
located within a front corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not be
located within any required setback area and shall be located no less
than the height of the antenna and town from the property line.
(8) Privately owned buildings to be used for recreational or social purposes, or for use
as storage areas for maintenance equipment or rubbish.
(Code 1984, § 10.20(4); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 202 2nd series, § 1 (4), 2-26-
2001; Ord. No. 221 2nd series, § 3, 9-23-2002)
Sec. 78-626. Development standards.
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Within the RPUD district all development shall be in compliance with the following:
(1) Minimum area; shore/and district limitation. Each site proposed for rezoning to
RPUD shall have a minimum area of five acres, excluding areas within a designated
wetland, floodplain or shoreland district or right-of-way, unless the council finds the
existence of one of the following:
a. Unusual physical features of the property itself or of the surrounding
neighborhood such that development as a RPUD will conserve a physical or
topographic feature of importance to the neighborhood or community.
b. The property is directly adjacent to or across a public street from property
which has been developed previously as a RPUD or planned residential
development and will be perceived as and will function as an extension of that
previously approved development.
c. The property is located in an area where the proposed development provides
a transition between a commercial or industrial area and an existing residential
area or on an intermediate or principal arterial as defined in the comprehensive
plan.
d. The property contains steep slopes or a substantial number of significant
trees that could be preserved through the clustering of buildings or other design
techniques not generalty allowed by the existing zoning district.
No property located within 250 feet of the ordinary high water level (OHWL) of a
protected lake or tributary as defined in article IX of this chapter shall be rezoned to
RPUD. However, for a property that is partially located less than 250 feet from the
OHWL and partially located more than 250 feet from the OHWL, the portion located
more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city
council when all other requirements are met.
(2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for
which the site is designated in the comprehensive plan, except that the city may permit
rezoning to RPUD on a site designated for commercial use if the city council finds that
such use is in the best interests of the city and is consistent with the requirements of this
division. If a commercial site is to be rezoned to RPUD, the city may forward a copy of
the request to the metropolitan council for review.
(3) Sewer availability. A site proposed to be rezoned to RPUD with proposed density
greater than one unit per two acres must be in the metropolitan urban services area
(MUSA) and must be serviced by municipal sewer.
(4) Density. Each development in the RPUD district shall have a density within the
range specified in the comprehensive plan for the specific site. If the site is not
designated in the comprehensive plan for residential use, the appropriate density shall
be determined by the city based upon the city council's finding that such density is
consistent with the intent of this division and of the comprehensive plan. Developments
with proposed densities in excess of the densities contemplated in the comprehensive
plan shallbe allowed only on properties which are currently zoned and guided for
commercial use, in order to maintain the character and integrity of the areas zoned and
guided for residential use.
(5) Incentives. The city may utilize incentives to encourage the construction of projects
which are consistent with the city's housing goals. Incentives may include modification of
density (only for properties currently zoned and guided for commercial use) and floor
area ratio requirements for developments providing lifecycle housing and affordable and
moderate cost housing. Incentives for affordable and moderate cost housing may be
approved by the city only after the developer and city have entered into an agreement to
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ensure that the low and moderate cost units remain available to persons of low and
moderate income for at least 20 years.
(6) Site coverage. Hardsurface coverages and floor area ratios (FAR's) shall be limited
per the following table:
TABLE INSET:
Maximum Maximum
Comprehensive P/an Hardsurface
Designation Coverage % Floor Area
Ratio *
Low or medium density residential (up to and including 6.0 50 0.5
units per acre)
High density residential (in excess of 6.0 units per acre) 50 1.0
*FAR = Total Building Floor Area/Total Lot Area
Individual lots within a development in the RPUD district may exceed these standards as
long as the average meets these standards.
(7) Development standards for attached and multifamily dwelling structures. Each site
rezoned to RPUD and developed for attached or multiple-family dwelling uses shall be
subject to the following standards:
a. Setbacks and separation of uses. Within the RPUD district the setback for all
attached and multifamily dwelling buildings and their accessory buildings from
any bordering or abutting street line shall be 35 feet for local streets and 50 feet
from railroad lines or collector or arterial streets, as designated in the
comprehensive plan, except that in no case shall the setback be less than the
height of the building. The setback for all buildings from exterior RPUD site lot
lines not abutting a public street shall be 35 feet, except that inno case shall the
setback be less than the height of the building. Building setbacks from internal
public streets shall be determined by the city based on characteristics of the
specific RPUD site. Parking lots and driving lanes shall be set back at least 20
feet from all exterior lot lines of a RPUD site. The setback for parking structures,
including decks and ramps, shall be 35 feet from local streets and 50 feet from all
other street classifications, except that in no case shall the setback be less
thanthe height of the structure. Parking structure setbacks from external lot lines
shall be 50 feet or the height of the structure, whichever is greater, when
adjacent to residential properties; 35 feet, when adjacent to nonresidential
properties. Parking structure setbacks from internal public or private streets shall
be determined by the city based on characteristics of the specific RPUD site.
Where industrial uses abut developed or platted single-family lots outside the
RPUD site, greater exterior buildingand parking setbacks may be required in
order to provide effective screening. The city council shall make a determination
regarding the adequacy of screening proposed by the applicant. Screening may
include the use of natural topography or earth berming, existing and proposed
plantings and other features, such as roadways and wetlands, which provide
separation of uses. Property rezoned to RPUD shall be considered a residential
district for purposes of determining building and parking setback requirements on
adjacent high density residential, commercial and industrial property outside the
RPUD.
b. Height limitations. For properties guided for residential use in the
comprehensive plan, a building height limit of 30 feet shall apply. For properties
currently zoned or guided in the comprehensive plan for commercial use, height
may exceed 30 feet but shall not exceed three stories (not including underground
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parking level) and shall maintain a residential character by incorporating pitched
or hipped roof structure. No mansard or flat roofed multiple-family building will be
al lowed.
c. Outside storage limitations. Building materials, recreational vehicles, boats,
RV's, snowmobiles, and other items of personal property shall not be stored
outside within any site used for attached or multifamily uses.
(8) Development standards for single-family detached dwellings in the RPUD district.
Each RPUD site developed for single-family detached dwellings at medium density (i.e.,
densities ranging from one unit per acre to six units per acre) shall be subject to the
following standards:
a. Permitted locations: in areas of the city where smaller single-family detached
dwelling lots will allow for clustering to preserve significant natural features, or in
areas where a mixture of higher density attached dwellings and lower density
detached single-family dwellings will result in a development that does not
exceed the overall guided density.
b. Minimum SFR lot size: 15,000 square feet.
c. Minimum lot width at the setback line: 90 feet.
d. Minimum lot depth: 125 feet.
e. Minimum front yard setback: 25 feet on internal streets within the RPUD site.
On exterior or through streets a setback of 35 feet must be provided on local
streets and a 50-foot setback on collector or arterial streets, as defined in the
comprehensive plan.
f. Minimum side yard setback: ten feet along interior lot lines; 15 feet on lot lines
along the exterior of the RPUD site. Side yards abutting streets must meet the
minimum front yard setbacks as noted in subsection (8)e of this section.
Structures in side yards abutting another residential zoning district shall meet the
side yard setback requirement of the adjacent zoning district.
g. Rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot,
whichever is less.
h. Building height: maximum of 30 feet.
i. All dwelling units, including manufactured homes, shall have a depth of at
least 20 feet for at least 50 percent of their width. All dwelling units, including
manufactured homes, shall have a width of at least 20 feet for at least 50 percent
of their depth.
j. All dwellings shall have a permanent foundation in conformance with the state
building code.
k. Accessory structures shall conform to the setbacks established for principal
structures, except as follows:
1. All accessory structures located more than ten feet from a principal
structure may be located a minimum of ten feet from a rear or side lot line
when that line does not abut a street right-of-way.
2. No accessory structure shall be located closer to the front lot line than
the principal structure, regardless of the principal structure setback.
I. No accessory structure shall occupy more than 30 percent of the side or rear
yard in which it is located, nor exceed 1,000 square feet in area, nor exceed 12
feet in height.
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m. Off-street parking shall be provided for at least two vehicles for each single-
family dwelling. A suitable location for a garage measuring at least 20 feet by 24
feet without a variance shall be provided and indicated as such on a survey or
site plan to be submitted when applying for a building permit to construct a new
dwelling or alter an existing garage.
(9) More than one building allowed. More than one building may be placed on one
platted or recorded lot in a RPUD site.
(10) Sing/e housing type permitted. Any RPUD development which involves a single
housing type shall be permitted, provided that it is otherwise consistent with the
objectives of this division and the comprehensive plan.
(11) Private recreafional area. Each RPUD development shall provide a minimum of
ten percent of the gross project area in private recreational uses for project residents.
Such area shall be for active or passive recreational uses suited to the needs of the
residents of the project, including swimming pools, trails, nature areas, picnic areas, tot
lots and saunas. Private recreational area requirements are in addition to the standard
park dedication requirements.
(12) Ownership. All property to be included within a RPUD development shall be under
unified ownership or control, or subject to such legal restrictions or covenants as may be
necessary to ensure compliance with the approved master development plan and final
site and building plan.
(13) Signage. Signs shall be restricted to those which are permitted in a sign plan
approved by the city and shall be regulated by permanent covenants.
(14) Landscaping, screening and buffering.
a. Landscape plan requirements. Landscape plans shall be prepared by a
landscape architect or other qualified person acceptable to the city, drawn to the
scale of not less than one inch equals 50 feet and shall show the following:
1. Boundary lines of the property with accurate dimensions;
2. Locations of existing and proposed buildings, parking lots, roads,
trails and other improvements;
3. Proposed grading plan with two-foot contour intervals;
4. Location, approximate size and common name of existing trees and
shrubs;
5. A planting schedule containing symbols, quantities, common and
botanical names, size of plant materials, root condition and special
planting instructions;
6. Planting details illustrating proposed locations of all new plant
material;
7. Locations and details of other landscape features, including berms,
fences and planter boxes;
8. Details of restoration of disturbed areas, including areas to be sodded
and seeded;
9. Location and details of irrigation systems; and
10. Details and cross sections of all required screening.
b. Minimum /andscaping requirements.
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1. All open areas of a lot which are not used or improved for required
parking areas, drives, trails or storage shall be landscaped with a
combination of deciduous and coniferous species, including overstory
trees, understory trees, shrubs, flowers and groundcover materials. The
plan for landscaping shall include ground cover, bushes, shrubbery, trees,
sculpture, foundations, decorative walks or other similar site design
features or materials in a quantity having a minimum value in
conformance with the following table:
TABLE INSET:
Minimum Tree and Shrub Requirements
Vegetation Size Quantity
Type
Overstory 2.5-inch bb One tree per 1,000 gross square feet of building footprint
deciduous (Caliper) area or one tree per 40 lineal feet of site perimeter,
trees whichever is greater.
Coniferous 6-foot height Minimum of 30 percent of required overstory trees must
trees bb be coniferous
Understory 3-gal. potted One shrub per 300 gross square feet of building footprint
shrubs or 18-inch area or one shrub per 30 lineal feet of site perimeter,
whichever is greater.
Ornamental Not required; but finro ornamental deciduous trees may
deciduous 1.5-inch bb be substituted for one required overstory deciduous tree
trees (Caliper) (maximum substitution equals 25 percent of required
overstory deciduous trees)
Credits for existing trees: The city council shall have sole discretion whether credit shall be
granted for existing healthy trees
In instances where healthy plant materials of acceptable species exist on
a site prior to its development, the application of the standards in
subsection (14)b of this section may be adjusted by the city to allow credit
for such material, provided that such adjustment is consistent with the
intent of this division.
2. A reasonable attempt shall be made to preserve as many existing
trees as is practicable and to incorporate them into the site plan.
3. All new overstory trees shall be balled and burlapped or moved from
the growing site by tree spade. Deciduous trees shall have a minimum
caliper of 2 1/2 inches. Coniferous trees shall be a minimum of six feet in
height. Ornamental trees shall have a minimum caliper of 1 1/2 inches.
4. All site areas not covered by buildings, sidewalks, parking lots,
driveways, trails, patios, or similar hardsurface materials shall be covered
with sod or an equivalent ground cover approved by the city. This
requirement shall not apply to site areas retained in a natural state.
5. In order to provide for adequate maintenance of landscaped areas, an
underground sprinkler system shall be provided as part of each new
development, except one- and two-family dwellings and additions to
existing structures which do not at least equal the floor area of the
existing structure. A sprinkler system shall be provided for all landscaped
areas, except areas to be preserved in a natural state.
6. Not more than 50 percent of the required number of trees shall be
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composed of one species. The city shall maintain a list of prohibited
species, which shall not be used for landscaping.
c. Interior parking lot landscaping.
1. All parking lots containing over 100 stalls shall be designed to
incorporate unpaved, landscaped islands in number and dimension as
required by the city. All landscape islands shall contain a minimum of 180
square feet. Islands which are necessary to promote the safe and efficient
flow of traffic shall not be subject to the 100-stall standard and shall be
required by the city when warranted.
2. Parking lot landscape areas, including landscape islands, shall be
reasonably distributed throughout the parking lot area so as to break up
expanses of paved areas. Parking lot landscape areas shall be provided
with deciduous shade trees, ornamental or evergreen trees, plus ground
cover, mulch and/or shrubbery as determined appropriate by the planning
commission. Parking lot landscape trees shalt be provided at the rate of
one tree for each 15 surface parking spaces provided, or major fraction
thereof. Parking lot landscaping shall be contained in planting beds
bordered by a raised concrete curb or equivalent approved by the
planning commission.
d. Maintenance of landscaping. The owner, tenant and their respective agents
shall be jointly and severally responsible for the maintenance of all landscaping
in a condition presenting a healthy, neat and orderly appearance and free from
refuse and debris. Plants and ground cover which are required by an approved
site or landscape plan, and which have died, shall be replaced within three
months of notification by the city. However, the time for compliance may be
extended up to nine months by the city in order to allow for seasonal or weather
conditions.
e. Retaining walls. Retaining walls exceeding four feet in height, and staged
walls which cumulatively exceed 16 feet in height or involve more than four tiers,
must be constructed in accordance with plans prepared by a registered engineer
or landscape architect.
f. Landscaping performance security required. When screening, landscaping or
other similar improvements to property are required by this division, a letter of
credit shall be supplied by the owner in an amount equal to at least 1 1/2 times
the value of such screening, landscaping or other improvements. The letter of
credit shall be conditioned upon reimbursement of all expenses incurred by the
city for engineering, legal, contracting or other fees in connection with making or
completing such improvements. The letter of credit shall be provided prior to the
issuance of any building permit and shall be valid for a period of time equal to
two full growing seasons after the date of installation of the landscaping. The city
may accept some other form of security in lieu of a letter of credit in an amount
and under such conditions that the city may determine to be appropriate. If
construction of the project is not completed within the time prescribed by building
permits and other approvals, the city may, at its option, complete the work
required at the expense of the owner and the surety. The city may allow an
extended period of time for completion of all landscaping, if the delay is due to
conditions which are reasonably beyond the control of the developer. Extensions,
which may not exceed nine months, may be granted due to seasonal or weather
conditions. When an extension is granted, the city shall require such additional
security as it deems appropriate.
g. Screening and buffering.
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1. The following uses shall be screened or buffered in accordance with
the requirements of this section:
i. Principal buildings and structures and any building or structure
accessory thereto used for residential uses at a density of greater
than four units per acre shall be buffered from residential lots
located in any R district.
ii. Off-street parking facilities containing six or more spaces shall
be buffered from streets located within 50 feet. Parking facilities
shall be buffered with landscape zones.
iii. Loading docks shall be screened from all lot lines and public
roads.
iv. Trash storage facilities shall be screened from all lot lines and
public roads.
v. Access roads serving multifamily buildings shall be screened
as necessary to eliminate the impact of vehicle headlights shining
toward adjacent residential neighborhoods.
2. Required screening or buffering may be achieved with fences, walls,
earth berms, hedges, or other landscape materials. All walls and fences
shall be architecturally harmonious with the principal building. Earth
berms shall not exceed a slope of 3:1. The screen shall be designed to
employ materials which provide an effective visual barrier during all
seasons.
3. All required screening or buffering shall be located on the lot occupied
by the use, building, facility or structure to be screened. No screening or
buffering shall be located on any public right-of-way or within eight feet of
the traveled portion of any street or highway.
4. Screening or buffering required by subsection (14) of this section shall
be of a height needed to accomplish the goals of subsection (14) of this
section. Screening methods incorporating roofs over storage, trash or
mechanical facilities to screen from higher adjacent properties or
buildings may be required. Height of plantings required under subsection
(14) of this section shall be measured at the time of installation.
(15) Architectura/standards.
a. It is not the intent of the city to restrict design freedom unduly when reviewing
project architecture in connection with a site and building plan. However, it is in
the best interest of the city to promote high standards of architectural design and
compatibility with surrounding structures and neighborhoods. Architectural plans
shall be prepared by an architect or other qualified persons acceptable to the city
and shall show the following for all structures other than single-family detached
dwellings:
1. Elevations of all sides of the building.
2. Type and color of exterior building materials.
3. A typical floor plan.
4. Dimensions of all structures.
5. The location of trash and recycling containers and of heating,
ventilation and air conditioning equipment.
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b. Unadorned prestressed concrete panels, concrete block and unfinished metal
shall not be permitted as exterior materials for residential principal and accessory
buildings. This restriction shall apply to all principal structures and to all
accessory buildings. The city may, at its discretion, allow architecturally
enhanced block or concrete panels.
c. Accessory buildings shall be architecturally compatible with principal
structures.
d. All rooftop or ground-mounted mechanical equipment and exterior trash and
recycling storage areas shall be fully enclosed or screened so as to be not visible
with materials compatible with the principal structure.
e. Underground utilities shall be provided for all new and substantially renovated
structures (the term "substantially renovated" shall mean when the renovations
exceed 30 percent of the prerenovation value of the structure).
(16) F/exibility. The uniqueness of each RPUD requires that specifications and
standards for streets, utilities, public facilities and subdivisions may be subject to
modification from the city ordinances ordinarily governing them. The city council may
therefore approve streets, utilities, public facilities and land subdivisions which are not in
compliance with usual specifications or ordinance requirements, if it finds that strict
adherence to such standards or requirements is not required to meet the intent of this
sectionor to protect the health, safety or welfare of the residents of the RPUD, the
surrounding area or the city as a whole.
(17) Traffic studies. The city may require a traffic analysis to be prepared by a
registered traffic engineer approved by the city to assess potential traffic impacts on
local streets. If impacts on service levels of roadways and intersections are anticipated,
the project will be approved only contingent upon a traffic management plan that
adequately mitigates those impacts. The plan may include travel demand management
strategies, use of transit facilities or other appropriate measures to reduce traffic
generation, and necessary improvements to road systems. The developer shall have the
responsibility to install all necessary road system improvements.
(18) Building permits. No building or other permit shall be issued for any work on
property included within a proposed or approved RPUD development, nor shall any work
occur unless such work is in compliance with the proposed or approved RPUD
development.
(19) Genera/ regulations applicability. The requirements contained in this division
pertaining to general regulations for residential districts and performance standards shall
apply to a RPUD development as deemed appropriate by the city.
(20) Lighting standards. All RPUD developments shall be subject to the general
performance standards for lighting in this chapter.
(21) Trails. When any portion of the project is within 1,000 feet of a public trail system,
pedestrian access shall be provided to the trail system by means of a public trail
constructed at the developer's expense. Where public rights-of-way are available, at the
city's discretion the trail may utilize the public right-of-way. Trails shall be of bituminous
construction, or such other material as may be approved by the city and shall be not less
than eight feet in width.
(Ord. No. 202 2nd series, § 1(5), 2-26-2001)
Sec. 78-627. Review of application; procedures.
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(a) Concept p/an review. In order to receive guidance in the design of a RPUD prior to
submission of a formal application, an applicant may submit a concept plan for review and
comment by the planning commission and city council. Submission of a concept plan is optional
but is highly recommended for large RPUDs. In order for the review to be of most help to the
applicant, the concept plan should contain such specific information as is suggested by the city.
Generally, this information should include the following:
(1) Approximate building, road and trail locations;
(2) Height, bulk and square footage of buildings;
(3) Type and square footage of specific land uses;
(4) Number of dwelling units;
(5) Generalized grading plan showing areas to be cut, filled and preserved; and
(6) Staging and timing of the development.
The comments of the planning commission and city council shall address the consistency of the
concept plan with this section. The comments of the planning commission and city council shall be for
guidance only and, if positive, shall not be considered binding upon the planning commission or city
council regarding approval of the formal RPUD application when submitted.
(b) Master deve/opment plan and rezoning. Approval of a rezoning to RPUD and approval of a
master development plan shall be subject to the procedures outlined in this chapter for a zoning
map amendment. The master development plan shall contain the following:
(1) Building location, height, bulk and square footage;
(2) Type and square footage of specific land uses;
(3) Number of dwelling units;
(4) Detailed street and utility locations and sizes;
(5) Parking layout;
(6) Drainage plan, including location and size of pipes and water storage areas;
(7) Grading plan and drainage plan, including finro-foot contours;
(8) Generalized landscape plan;
(9) Generalized plan for uniform signs and lighting;
(10) Plan for timing and phasing of the development;
(11) Covenants or other restrictions proposed for the regulation of the development;
(12) Renderings or elevations of all sides of buildings to be constructed in the first
phase of the development;
(13) Trail plan; and
(14) Lighting plan.
Approval of the master development plan shall indicate approval of the listed items in subsections (b)
(1)--(b)(14) of this section and shall occur in conjunction with rezoning of the property to RPUD. After
rezoning the property to RPUD, nothing shall be constructed on the RPUD site except in conformance
with the approved plans and this section. The procedure for notification of and public hearing on the
master development plan shall be the same as required for a zoning map amendment by this chapter.
(c) Development agreement/financial guarantee. Following the approval of the master
development plan but prior to final plan approval, the applicant shall enter into an agreement
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with the city relating to the terms of the RPUD development, and shall also provide such
financial guarantees as the city requires or deems necessary. Such agreement may take the
form of:
(1) A development contract;
(2) A site improvement performance agreement; and/or
(3) Another form of binding instrument as may be required by the city.
(d) Fina/ site and building plan. Approval of a final site and building plan for the entire RPUD
or for specific parts of the RPUD shall be subject to the procedures outlined in this division. The
final site and building plan shall contain information as required by the city, including the
following:
(1) Detailed utility, street, grading and drainage plans;
(2) Detailed building elevations and floor plans;
(3) Detailed landscaping, sign and lighting plans; and
(4) Detailed trail plan.
(e) Substantial compliance. The final site and building plan shall be in substantial compliance
with the approved master development plan. Substantial compliance shall mean:
(1) Buildings, parking areas, roads and trails are in substantially the same location as
previously approved;
(2) The number of residential living units has not increased or decreased from that
approved in the master development plan;
(3) The gross floor area of any individual building has not been increased from that
approved in the master development plan;
(4) There has been no increase in the number of stories in any building;
(5) Open space has not been decreased or altered to change its original design or
intended use; and
(6) All special conditions required on the master development plan by the city have
been incorporated into the final site and building plan.
Approval of a final site and building plan shall signify approval of all plans necessary prior to application
for a building permit, subject to conformance with any conditions on the approval and subject to other
necessary approvals by the city.
(� Simu/taneous review. Applicants may combine the final site and building plan review with
the master development plan review by submitting all information required for both stages
simultaneously.
(g) Basis for approval; conditions. In evaluating a site and building plan, the planning
commission and city council shall base their recommendations and actions regarding approval
of a RPUD on a consideration of the following:
(1) Compatibility of the proposed plan with this section and consistency with the goals,
policies, and objectives of the comprehensive plan and surface water management plan;
(2) Preservation of the site in its natural state to the greatest extent practicable by
minimizing tree and soil removal and designing grade changes to be in keeping with the
general character and appearance of neighboring properties;
(3) Creation of compatible relationships befinreen buildings and open spaces both on
the site and adjacent to it, incorporating natural site features and with existing and future
buildings having a visual relationship to the development, giving special attention to:
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a. An internal sense of order for the buildings and uses on the site and provision
of a desirable environment for occupants, visitors and the general community.
b. The amount and location of open space and landscaping.
c. Materials, textures, colors and details of construction as an expression of the
design concept and the compatibility of the same with the adjacent and
neighboring structures and uses; and vehicular and pedestrian circulation,
including walkways, interior drives and parking in terms of location and number
access points to the public streets, width of interior drives and access points,
general interior circulation, separation of pedestrian and vehicular traffic and
arrangement and amount of parking.
(4) Promotion of energy conservation through design, location, orientation and
elevation of structures, the use and location of glass in structures and the use of
landscape materials and site grading;
(5) Protection of adjacent and neighboring properties through reasonable provisions for
surface water drainage, sound and sight buffers, preservation of views, light and air and
those aspects of design not adequately covered by other regulations which may have
substantial effects on neighboring land uses; and
(6) Such other factors as the planning commission or city council deem relevant.
The planning commission and city council may attach such conditions to their actions as they shall
determine necessary or convenient to better accomplish the purposes of this section.
(Ord. No. 202 2nd series, § 1(6), 2-26-2001)
Sec. 78-628. Term of approval.
(a) If application has not been made for a final site and building plan approval pursuant to the
approved master development plan for all or a part of the property within a RPUD by December
31 of the year following the date on which the RPUD zoning map amendment became effective
or, if within that period no extension of time has been granted, the city council may rezone the
property to the original zoning classification at the time of the RPUD application or to a zoning
classification consistent with the comprehensive plan designation for the property. In the
absence of a rezoning, the approved master development plan shall remain the legal control
governing development of the property included within the RPUD.
(b) If construction on the property included within an approved final site and building plan has
not started by December 31 of the year following the date on which such final site and building
plan was approved or, if building construction in a phase of a RPUD approved to be built in
phases has not started within this period, or, if within that period no extension of the time has
been granted, the city council may rezone the property to the original zoning classification at the
time of the RPUD application or to a zoning classification consistent with the comprehensive
plan designation for the property. In the absence of rezoning, the approved master development
plan and final site and building plan shall remain the legal control governing development of the
property included within the RPUD.
(Ord. No. 202 2nd series, § 1(7), 2-26-2001)
Sec. 78-629. Amendments.
Major amendments to an approved master development plan may be approved by the city
council after review by the planning commission. The notification and public hearing procedure for such
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amendment shall be the same as for approval of the original RPUD. A major amendment is any
amendment which:
(1) Substantially alters the location of buildings, parking areas or roads;
(2) Increases or decreases the number of residential dwelling units;
(3) Increases the gross floor area of any individual building;
(4) Increases the number of stories of any building;
(5) Decreases the amount of open space or alters it in such a way as to change its
original design or intended use; or
(6) Creates noncompliance with any special condition attached to the approval of the
master development plan.
Any other amendment may be made through review and approval by a simple majority vote of the
council.
(Ord. No. 202 2nd series, § 1(8), 2-26-2001)
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