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A. Purpose. The purpose of the planned residential unit development (PRUD) overlay is to encourage imaginative and efficient utilization of land through large-scale residential development and provide a greater flexibility in the location of buildings on the land, the consolidation of open spaces, and the clustering of dwelling units. These provisions are intended to create more attractive and desirable environments within the residential areas of West Point City.

B. Use Table. See use table section, WPCC 17.60.050. If a use is not specifically designated, then it is prohibited.

1. Uses permitted in the PRUD zone shall be limited to those listed as permitted uses by the provisions of the underlying zone with which the PRUD zone has been combined.

2. Use in Combination. The PRUD overlay zone shall only be used in combination with existing R-1, R-2 and R-3 underlying residential zones. The provisions of the PRUD create flexibility to the provisions of the zone with which it is combined. The PRUD zone shall not be applied to a land area as an independent zone and shall be shown on the zoning map in parentheses next to the zone in which it is combined.

C. Approval Standards and Procedures.

1. Procedure. The PRUD overlay zone shall be approved as a rezone by ordinance of the city council, after a recommendation is provided by the planning commission, and following the same process as other zoning amendments pursuant to Chapter 17.00 WPCC in conjunction with a development agreement as set forth in subsection (J) of this section and a development plan as described below. The development plan shall include the following:

a. A general layout of all proposed lots.

b. A tabulation of the total acreage of the site, and the percentages thereof to be designated for various uses, i.e., parking, residential units, open space, streets, etc.

c. Detailed description of proposed density calculations and bonus amenities as defined in subsection (G) of this section.

d. Proposed circulation pattern, including private and public streets and pedestrian paths.

e. Parks, common open spaces, playgrounds, school sites, and other public or private recreation facilities and improvements proposed within the planned residential unit development.

f. The general location of all dwellings and other structures in the PRUD and building densities per gross acre, including tables or graphs showing the percentages of each dwelling type being proposed.

g. Proposed location of parking and ingress or egress.

h. A landscaping plan showing what areas are to be landscaped and what types of plants and materials are to be used.

i. Development elevation drawings or perspective drawings of all building types proposed within the PRUD.

j. A draft of the declaration of covenants, conditions, and restrictions for review and to assure their compliance with the provisions of this code.

2. Approval Criteria. Submittal of an application for a zoning amendment for a PRUD overlay zone shall not guarantee that the zone or development plan will be approved. After review of the zoning amendment and development plan, the planning commission shall submit a recommendation to the city council. The city council may approve the zoning amendment and development plan if it finds:

a. The proposed PRUD overlay zone and associated development plan:

i. Implement clear concepts contained in the general plan; and

ii. Meet the purpose and intent of this chapter; and

iii. Provide superior site design and increased amenities as set forth in this chapter.

D. Subdivision Required. An application for preliminary subdivision approval may be initiated after the city council has voted in favor of the proposed overlay zone request. Compliance with the requirements of this chapter does not exempt an applicant from meeting the requirements of Chapter 17.130 WPCC (Subdivisions) except as may be modified pursuant to the provisions of this chapter.

E. Approval Expiration. An applicant that has received the PRUD overlay zone and a development plan approval must file a complete final plat application within 24 months from the date of the approval and rezone. Upon request from the applicant, the community development director or designee may grant a one-time 12-month extension for filing a final plat. If no completed final plat application has been submitted before the time of expiration the property shall be rezoned by the city council to remove the PRUD overlay zone.

F. Flexible Deviations From Underlying Zone. The planning commission may recommend to the city council flexible deviations from applicable development standards in the underlying zone that include, but are not limited to, street widths, curb, gutter and sidewalk, park strips, setbacks, frontage widths, minimum lot size, etc., only if it finds that all of the following conditions are met:

1. That the variations proposed assure additional usable open space.

2. That the housing units provide designs and present exteriors with increased curb appeal.

3. That the infrastructure, including streets, is private and reduces the city burden.

4. That the anticipated storm water demand is 90 percent accommodated on site.

G. Density Calculations and Bonuses.

1. Base Density. Base density shall be determined by the underlying zone as set forth in the development standards tables found in WPCC 17.60.080, 17.60.090 and 17.60.100, the R-1, R-2, and R-3 zones of this title. The base density shall be calculated on the gross area of the site but shall not include sensitive lands as defined in this chapter. Developments seeking flexibility, but not necessarily increased density, may do so under the provisions of this chapter. Base density developments in a PRUD overlay zone can provide a degree of flexibility that would not normally be allowed under the base zoning code. Developments seeking such flexibility must propose a minimum of a five percent amenity bonus as outlined in subsection (G)(2) of this section.

2. Density Bonus. The city council, after receiving a recommendation from the planning commission, may authorize a density bonus of a minimum of five percent up to a maximum of 20 percent above the base density. The bonus density shall be calculated on the gross area of the site, but shall not include sensitive lands as defined in this chapter. However, sensitive lands if properly improved may qualify as an amenity and count towards the required bonus. The purpose of the density bonus is to provide an incentive to a development while enhancing the overall characteristics of the subdivision that are not allowed by the applicable underlying zone, and which otherwise would not be an option. Density bonus shall be awarded according to the following list of bonus items. Each qualifying amenity or item shall be granted a percentage increase to the base density, but in no case shall the bonus exceed the percentage indicated (shown in parentheses). Bonuses listed below that share common elements regardless of the subsection shall not be used together to create a greater bonus percentage.

3. Criteria for Bonus Increase.

a. Increased Landscaping (Up to 10 Percent).

i. Landscaping is designed and installed by the developer or other reasonable means approved by the city council along all streets of the PRUD according to a theme which provides unity and interest to the PRUD and must include the installation of two two-inch caliper street trees per dwelling placed in the park strip or near the roadway. Six-foot or wider park strips are required that accommodate street trees which create neighborhood identity (up to five percent).

b. Enhanced Overall Design Theme (Up to 15 Percent).

i. Fencing on all lots that is uniform in design and type and that is an upgrade from chain link or all vinyl fencing (up to five percent).

ii. Perimeter fence surrounding the PRUD that is architecturally designed and is an upgrade from chain link or all vinyl fencing. Examples include architecturally designed brick or masonry walls, vinyl with brick or stone columns and open fencing such as wrought iron (up to seven percent).

iii. Special features such as fountains, streams, ponds, sculptures, buildings or other elements which establish a strong theme for the development and are utilized in highly visible locations within the development (up to 10 percent).

iv. Large special features, such as lakes, which define the theme of the development and are utilized throughout the entire project (up to 15 percent).

c. Recreational Amenities (Up to 20 Percent).

i. The PRUD development includes a recreational amenity primarily for the use of the residents of the development. Recreational amenities include swimming pools, sports courts, spas, or other features as approved by the city council. The planning commission will recommend to the city council the points based on the cost of the amenity, its benefit to the residents of the development, its size and the number of amenities in the development (up to 15 percent).

ii. Development of a Playground or Park Area With Play Features or Picnic Areas. To qualify, a minimum of five percent of the gross area of developments under 10 acres must be dedicated as park area. A minimum of two percent of the gross area of developments 10 acres or larger must be dedicated as park area. Bonus density points will be awarded according to the following table (up to 10 percent).

Park Space

Development Under 10 Acres

Development 10 Acres and Larger

Park Space (Percentage of Gross Area)

Bonus Density

Park Space (Percentage of Gross Area)

Bonus Density

5%

5%

2%

5%

6%

6%

3%

6%

7%

7%

4%

7%

8%

8%

5%

8%

9%

9%

6%

9%

10%

10%

7%

10%

iii. Development of a common building which shall be used for meetings, indoor recreation, or other common uses as approved by the planning commission (up to 15 percent).

iv. Development of a trail system throughout the subdivision and connecting to adjacent trail systems where possible (up to 10 percent).

v. Dedication of land to the city for the development of a regional trail system (up to 10 percent).

vi. Dedication of land to the city for the development of all or a portion of a regional or community park (up to 10 percent).

d. Energy Efficiency (Up to Three Percent). All dwellings are designed with active, passive, or photovoltaic solar features (up to three percent).

e. Improved Open Space (Up to 15 Percent).

i. Storm water detention facility areas that are designed and used for multiple purposes which blend with the overall theme of the open space design, i.e., the grading and landscaping are carried out in such a manner that the use as a detention pond is not discernible (up to five percent).

ii. Open space shall be designed and improved (not leftover space between buildings) and shall flow uninterrupted through the entire development, linking dwellings and recreational amenities. Open space shall be improved with grass, shade trees, and a sprinkler system for the majority of the area. Open space areas shall not include areas that are occupied by buildings, lots, structures, parking areas or streets. Additionally, open space shall not include:

(A) Area between buildings and outside of platted lots and building pads unless part of an approved pedestrian circulation plan and at least 18 feet in width;

(B) Front, rear, and side yard setbacks; and

(C) Paved areas such as driveways, streets, and private sidewalks.

To qualify, a minimum of five percent of the gross area of developments under 10 acres must be dedicated as open space. A minimum of two percent of the gross area of developments 10 acres or larger must be dedicated as open space. Bonus density points will be awarded according to the following table (up to 10 percent).

Open Space

Development Under 10 Acres

Development 10 Acres and Larger

Open Space (Percentage of Gross Area)

Bonus Density

Open Space (Percentage of Gross Area)

Bonus Density

5%

5%

2%

5%

6%

6%

3%

6%

7%

7%

4%

7%

8%

8%

5%

8%

9%

9%

6%

9%

10%

10%

7%

10%

f. Other Amenities (Up to 15 Percent). Other amenities may be approved by the city council with a recommendation from the planning commission (up to 15 percent).

H. Development Standards. The development standards that are set forth in this section shall prevail over any contrary base zoning standards established in this title. The following standards shall apply and are still subject to the requirements set forth in Chapter 17.130 WPCC unless flexible deviations are granted as set forth in subsection (F) of this section and are included in a development agreement:

1. Common Space Subdivisions. The following standards shall apply to common space subdivisions:

a. Density. Allowed density and bonus density for common space subdivisions shall conform with the standards set forth in this chapter.

b. Open Space. Due to the clustering of dwelling units within the common space subdivisions, there will naturally be open space remaining. The open space must be maintained as set forth in subsection (I)(5) of this section.

c. Zones Allowed. Common space subdivisions shall only be allowed in the R-2 and R-3 zones and shall not be allowed in the R-1 zone.

d. Attached Units. Dwelling units in this subdivision option may be clustered in common-wall construction only in the R-2 and R-3 zones with a maximum of four consecutively attached units. Common-wall construction in the R-2 zones shall only be limited to side-by-side arrangements. No such units are allowed above other units.

e. Multifamily. All PRUDs that have attached units shall follow the standards set forth in WPCC 17.60.110, Multifamily residential R-4, and 17.60.120, Multifamily residential R-5, which shall include, but not be limited to, landscaping, parking, and building design.

f. Minimum Building Setbacks. The following minimum standards shall apply:

Building Setbacks for Common Space Subdivisions

R-1

R-2

R-3

Minimum distance to garage

25'

25'

Minimum distance to front plane of building

20'

20'

Side (from building to building)

10'

10'

Rear (from building to building)

30'

30'

2. Traditional Lot-Style Subdivisions. The following standards shall apply to traditional lot-style subdivisions:

a. Density. Allowed density and bonus density for traditional lot-style subdivisions shall conform with standards set forth in subsection (G) of this section.

b. Minimum Lot Standards. The following minimum standards shall apply:

Minimum Lot Standards

R-1

R-2

R-3

Minimum lot size (sq. ft)

10,000

8,000

7,000

Minimum lot widths

85'

75'

70'

Building setbacks

Front**

25

Minimum distance to garage

25'

25'

Minimum distance to front plane of building

20'

20'

Side*

10/8'

10/5'

10/5'

Rear**

30'

25'

25'

Notes:

*One side must be 10 feet and the other side eight feet for a total of 18 feet.

**The front and rear setbacks may be swapped.

I. General Standards. The following standards shall apply to all developments in the PRUD overlay zone regardless of the style of development that is proposed:

1. Access. Access shall be required as described in Chapter 17.130 WPCC.

2. Local streets which are internal to the development and provide circulation within the development shall be as public streets. Minor terminal streets that provide access to individual units or a group of units may be either public or private streets, provided they meet the following criteria:

a. Public streets, sidewalks, curb/gutter and other street facilities shall meet the appropriate right-of-way widths and design requirements as required in the public works standard drawings.

b. Private streets, sidewalks, curb/gutter and other street facilities shall meet the appropriate right-of-way widths and design requirements as required in the public works standard drawings.

c. The homeowners’ association shall be responsible for maintenance, repair, and replacement of private streets, including curb, gutter, and sidewalks.

3. Common Areas. Unless otherwise approved by the city council, common open space that is provided shall be devoted to landscaping, preservation of natural features, and recreational areas. Common open space may be distributed throughout the PRUD and need not be in a single large area. Developments that include sensitive lands such as the FEMA floodplain, wetlands or other sensitive features may only include such sensitive lands as open space when they have been designed as an integral part of the project.

4. Fencing. Perimeter fencing shall be required in all PRUD overlay zones.

5. Maintenance Plan. In order to maintain a visually appealing development, the developer shall provide a maintenance plan for the upkeeping of open space or other landscaped amenities within the development. If any open space or other landscaped amenities exist that are owned in common, a homeowners’ association (HOA) shall be required. In the event that the HOA does not maintain the open/common space and improvements as indicated at the time of approval, the city may perform the required maintenance or contract with a third party to perform the required maintenance and recover all costs from the HOA. The city shall provide written notice to the HOA 30 days prior to performing any work. After the work is completed the city shall send a bill to the HOA for any costs associated with performing the work. If the HOA does not pay within 30 days, the city may issue a lien on the property. This provision shall be included in the developer’s agreement.

J. Developer’s Agreement. An applicant that is seeking to develop under the provisions of this chapter must at the time of approval enter into a developer’s agreement with the city council as set forth in this title.

K. Related Provisions. Chapter 17.00 WPCC, Administration and Enforcement.

Chapter 17.10 WPCC, Definitions.

Chapter 17.30 WPCC, Site Plan Review Standards.

Chapter 17.40 WPCC, Conditional Use Permits.

Chapter 17.70 WPCC, General Regulations.

Chapter 17.100 WPCC, Off-Street Parking and Loading.

Chapter 17.110 WPCC, Sign Regulations.

Chapter 17.120 WPCC, Lighting.

Chapter 17.130 WPCC, Subdivisions. [Ord. 08-17-2021B § 2 (Exh. A)].