Chapter 18.190
PUD PLANNED UNIT DEVELOPMENT DISTRICT

Sections:

18.190.010    Purpose – Intent.

18.190.020    Regulations generally.

18.190.030    Use regulations.

18.190.040    Requirements and development standards for the planned unit development district.

18.190.050    Procedure for securing approval of a planned development and the establishment of a planned development district.

18.190.060    Planned unit development approval by the governing body.

18.190.070    Amendments to planned unit development plans.

18.190.080    Planned unit development plan variance procedures.

18.190.010 Purpose – Intent.

This district is established to permit greater flexibility and more creative, innovative and imaginative design for the development of areas that are generally not possible under the strict application of the regulations of the other districts. It is further intended to promote more economical and efficient use of the land while providing for a pleasing and harmonious development and environment, including opportunities to provide for a high level of urban amenities, and the preservation of open spaces. The regulations of this district are intended to encourage the use of this district in order to integrate multiple uses into the development; to adapt the proposed use(s) to meet the conditions of the site; and to affect certain economics in public facilities.

Due to the nature and implications of a district zone which provides for such a broad spectrum of land use and a more challenging responsibility of the delivery of public services, considerations and quasijudicial deliberations relating to the compatibility of the district to a particular site shall permit greater discretionary review and broad latitude in applying conditions and limitations for a permitted development. The compliance with all standards set forth in this division and the submittal of all specified documents and data shall not entitle an applicant to this district classification. (Ord. 19997 § 1, 5-3-16.)

18.190.020 Regulations generally.

The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations for the PUD planned unit development district. A development plan shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, design and location of buildings, the density or intensity of use, the common open space, the public facilities and the development by geographic division of the site as well as with the surrounding or adjacent properties.

One or more use groups, referring to one or more of the zoning districts, shall be established on the master plan. The use regulations, dimensional requirements, off-street parking regulations and sign regulations for each of the use groups shall be as set forth in each of the corresponding zoning districts contained in this code, unless other requirements are specifically set forth on the master plan or the site plan. (Ord. 19218 § 1, 2-3-09. Code 1995 § 48-24.01.)

18.190.030 Use regulations.

(a) Permitted Uses. A planned unit development district may provide for any use or combination of uses that are listed in the use regulations of the various districts contained in this division, subject to applicable limitations, provisions or conditions specified therein and in accordance with the following regulations:

(1) All approved permitted uses of this district shall be geographically designated and grouped by category on all plans in like manner as other districts contained in this division, either by individual group or in combination therewith.

(2) Permitted use categories and any approved conditional uses provided by the individual categories shall be specifically designated on all approved plans and shall be set forth in the adopting ordinance or resolution.

(3) Provided, that all applicable limitations, provisions and conditions specified by use and set forth in this district are complied with, there may be use changes or relocations within each group category; provided, that the approved plan is not modified except as otherwise provided for by the procedures of this district.

(b) Setback and Height Regulations. The height and front, side and rear yard setbacks for individual structures within the planned unit development shall be determined in conjunction with the final approval of the planned unit development plan.

(c) Off-Street Parking Regulations. The provisions of Chapter 18.240 TMC, Off-Street Parking Requirements, shall apply to the planned unit development district in all respects except for the specified standards establishing the required number of spaces. Off-street parking regulations shall be based on the applicable requirements for each proposed use as set forth in this code. The planning director can provide a downward variance from this requirement based on factors provided by the applicant, including, but not limited to, the use of shared parking, nearby public parking or other factors that justify a lesser parking requirement.

(d) Signs. The number, location, size, area, height and type of signs shall be determined in conjunction with the approval process. (Ord. 19218 § 2, 2-3-09. Code 1995 § 48-24.02.)

    Cross References: Planning department, TMC 2.25.090.

18.190.040 Requirements and development standards for the planned unit development district.

The following performance criteria shall be required of all planned unit developments and shall be addressed by the master plan:

(a) Size of Parcel.

(1) One Acre. Except as provided in subsection (a)(2) of this section, the minimum site size for a planned unit development district shall be one acre.

(2) Less Than One Acre.

(i) Less Than One Acre – Transition Area. Parcels containing less than one acre may be reclassified to a planned unit development district where the planning director determines the proposed PUD to be a “transition area,” defined as an area that separates a nonresidential use group classification (O&I, C, or I districts alone or within a PUD) from another nonresidential use group classification or a residential use group classification (R or M districts alone or within a PUD). The determination of the planning director may be appealed to the planning commission.

(ii) Less Than One Acre – Reuse of Building – Zoning Change. Parcels containing less than one acre may be reclassified to a planned unit development district where the plan includes a reuse of an existing building and the proposed use would require a zoning change to a less restrictive classification. Conditional uses may be allowed as indicated in TMC 18.190.030(a)(2).

(b) Additional Standards and Requirements for Projects on Less Than One Acre.

(1) The use group category assignment of the planned unit development will be compatible with surrounding properties in the neighborhood. Restrictions may be imposed to ensure the proposed use is compatible with surrounding properties or uses.

(2) The density and design of the planned unit development shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining land use, and shall be integrated into the neighborhood.

(3) The development shall not have any greater impact on existing streets and utilities than that anticipated for a conventional development of the site.

(4) The development shall not adversely affect views, light and air, and use and enjoyment of neighboring properties any more than would a conventional development.

(5) The master planned unit development plan shall also include building elevations for all structures and details of materials to be used for external construction, when determined necessary by the planning director. The determination of the planning director may be appealed to the planning commission.

(c) Property Owners’ Association. Areas within the planned unit development which are designated as private streets, private utility services, common areas, recreation areas, or other open space set aside for the benefit of tenants and property owners, shall be maintained by the property owners’ association or, in the alternative, property owners within the planned unit development. In the event the property owners’ association or property owners within the planned unit development fail to maintain such areas, the governing body may proceed under applicable ordinances and/or resolutions to maintain such areas. All costs incurred by the governing body in maintaining such areas shall be assessed against the lots within the planned unit development as provided for by law. Nothing contained herein shall be construed as creating a duty on behalf of the governing body to enforce any of the duties, obligations, or responsibilities of the property owners’ association or, in the alternative, individual property owners.

(d) Platting. Building or zoning permits shall not be issued nor any development initiated on any property designated as planned unit development until such time that the property has been platted as a subdivision; or replatted as a subdivision when determined by the planning director that conditions and circumstances relating to utility extension and service, street or alley right-of-way, topographic and drainage factors, easements, or vehicular access warrant said replat.

(e) Access.

(1) All drives, lanes, streets, culs-de-sac, and other accessways within the planned unit development shall be owned and maintained by the property owners’ association or owners within the planned unit development unless it is determined by the planning commission that there is a public need for local streets and/or major trafficways to transverse the district. In such instances, the transversing streets and/or trafficway right-of-way shall be dedicated by the developer in accordance with the plat subdivision regulations.

(2) All drives, lanes, streets, culs-de-sac and other privately owned accessways providing accessibility to individual structures, buildings, and uses within the planned unit development shall, by the nature and intent of the district, be considered and serve as mutual rights of access for owners, tenants, invited guests, clients, customers, support and utility service personnel and emergency service providers, including law enforcement, fire protection and ambulance services. No gates, structures or other barriers shall be constructed across said accessways which may impede, limit, or restrict the above rights of access.

(3) The site will be accessible from public streets which are adequate to carry the traffic that will be imposed upon them by the proposed development. Streets and driveways on the site of the proposed development will be adequate to serve the residents, occupants, or users of the proposed development. Traffic control signals will be provided without expense to the city when such signals are required to prevent traffic hazards or congestion in adjacent streets.

(4) All drives, lanes, streets, culs-de-sac, accessways, and parking lots shall comply with all applicable provisions of Chapter 18.240 TMC in respect to surfacing, design, screening, lighting, and drainage.

(f) Other Standards. Other developmental standards, requirements, and provisions of applicable jurisdictional units including but not limited to those of public works, fire and water district, law enforcement, utilities, and parks and recreation, and which may not be specifically set forth in this division, shall apply and the master and final planned unit development plans should account for such and reflect a development design accordingly; provided, that variances and waivers are not granted by the appropriate authority. (Ord. 19997 § 2, 5-3-16.)

    Cross References: City council – mayor, Chapter 2.15 TMC; fire department, TMC 2.25.030; planning department, TMC 2.25.090; police department, TMC 2.25.100; public works department, TMC 2.25.110; planning commission, Chapter 2.135 TMC.

18.190.050 Procedure for securing approval of a planned development and the establishment of a planned development district.

Prior to any use or development within the planned unit development district, the district shall be established in accordance with the provisions of this division, including the approval of all plans set forth in the procedure.

(a) Application to Amend to the District. Except as set forth by this division, a petition to reclassify property to the planned unit development district shall be as established in Chapter 18.245 TMC, Amendments, and include like contents. Additionally, the application shall include the specified number of copies of the planned unit development master plan which shall consist of the following documents, information and graphics unless determined to be unnecessary by the planning director. The planning director may waive the submittal of the master plan in circumstances where the conditions of approval, restrictions, and limitations of the planned unit development can be addressed in the ordinance reclassifying the property.

(1) Legal description of the proposed district in its entirety, total acreage, and planned unit development name/designation.

(2) Legal description of each proposed use group category with corresponding acreage.

(3) The site plan shall identify the name of the planned unit development in large, bold letters centered across the top of all plan sheets; the general location and arrangement of all existing structures; the proposed traffic circulation pattern within the development; the approximate location of proposed and existing major streets and major pedestrian and bicycle routes, including major points of access; the areas to be developed for parking; the points of ingress and egress including access streets where required; the relationship of abutting land uses and zoning districts; proposed types of signage; proposed lots and blocks, if any; proposed public or common open space, if any, including parks, playgrounds, school sites, and recreational facilities.

(4) The site plan of the development shall be at a minimum scale of one inch equals 50 feet, composed of one or more sheets with an outer dimension of 24 inches by 36 inches. A single-line border shall be provided around all plan sheets measuring exactly one inch from the edge of the sheet except along the left side of the sheet which line shall measure exactly two inches from the edge. The scale, north point and most recent date of preparation shall be so indicated on the plan.

(5) Graphically reflect the geographic location and designation of each use group category proposed.

(6) The anticipated density, number, maximum height and type of residential units; and floor area, maximum height and types of business, commercial and industrial use presented in tabular form in comparison to minimum applicable standards.

(7) Existing topographical character of the land at a contour appropriate with the scale of the project; all watercourses, floodplains, unique natural features, including wildlife areas and vegetative cover, and recognized historical sites and structures. Further, all existing streets, alleys, easements, utility lines, and existing land use shall be included on the plan.

(8) Total land area, approximate location, and amount of open space included in the residential, business, commercial, and industrial areas.

(9) When a planned development includes provisions for common open space, streets, utilities, drainageways or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space, streets, utilities, drainageways, or recreational facilities.

(10) A preliminary plat of subdivision pursuant to the applicable ordinances, rules and regulations relating to subdivision approval; or a copy of the existing recorded plat which is appropriate for the intended plan.

(11) Area shown on the site plan shall extend beyond the property lines of the proposal to include a survey of the area within 150 feet of the proposal, exclusive of public right-of-way, at the same scale as the proposal and include the following:

(i) Land uses, location of principal structures, and major existing landscape features.

(ii) Traffic circulation system.

(iii) General topographical mapping at same scale as master plan.

(12) Traffic impact analysis as defined by this division; provided, however, if in the opinion of the public works director, upon determination at preapplication conference that the intensity and scope of the requested planned unit development is of such nature that said impact analysis is not warranted, the director may waive said requirement.

(13) A development phasing schedule including the sequence for each phase, approximate size in areas of each phase, and proposed phasing of construction of public improvements, recreation, and common open space areas.

(14) One 11-by-17-inch reproducible electronic and paper copy of master plan.

(15) Indicate “Book,” “Page,” “Date,” and “Time” in upper right-hand corner of all plan sheets.

(16) Immediately below the “Book,” “Page,” “Date” and “Time” entries, provide the following signature block:

Recorded With The Shawnee County Register of Deeds:
(Registrar’s Name) – Register of Deeds

(17) Include the following statement on the plan sheet:

This Planned Unit Development (PUD) Master Plan has been reviewed and approved in accordance with the provisions of Chapter 18.190 of the Comprehensive Zoning Regulations of the City of Topeka and Shawnee County, Kansas, and may be amended only as prescribed in TMC 18.190.070 and as set forth on this document or as may subsequently be approved and recorded.

(18) Notarized owner’s certification of acceptance of conditions and restrictions set forth on the master plan as follows:

OWNER’S CERTIFICATE: (Type Name) agrees to comply with the conditions and restrictions as set forth on the master PUD plan.

In Testimony Whereof:

The Owner(s) of the above described property, (Type Name), have signed these presents this ________ day of ________, (Year) ________.

(Type Name and Title) (Type Name and Title)

Be it remembered that on this ________ date of ________, A.D. ________ (Year) before me, a notary public in and for said County and State come ________, Owner(s) of the above described property.

I hereby set my hand and affix my notarial seal the day and year last written above.

____________________
Notary Public

My Commission Expires:________

(19) Notarized certification of master PUD plan approval by the secretary to the planning commission as follows:

Certification of Master PUD Plan Approval:

(Planning Director’s Name) (Date)

Secretary to Planning Commission

Be it remembered that on this ________ date of ________, A.D. ________ (Year), before me, the undersigned, a notary public in and for said County and State came (Planning Director’s Name) who is personally known to me to be the same person who executed the within instrument of writing, and such person duly acknowledged the execution of the same.

In Witness Whereof, I hereby set my hand and affix my notarial seal the day and year last written above.

____________________
Notary Public

My Commission Expires:________

(b) Action on the Petition and Master Plan of the Planned Unit Development Plan by the Planning Commission and Governing Body. Upon filing of a petition to amend a district to the planned unit development district as set forth in Chapter 18.245 TMC, Amendments, and as further provided by this division, the planning commission shall review, consider, and act on the petition in a like manner and procedure as provided in Chapter 18.245 TMC. The appropriate governing body shall consider such proposal upon report and recommendation by the planning commission also in a like procedure as provided in Chapter 18.245 TMC. (Ord. 19997 § 3, 5-3-16.)

    Cross References: City council – mayor, Chapter 2.15 TMC; planning department, TMC 2.25.090; public works department, TMC 2.25.110; planning commission, Chapter 2.135 TMC.

18.190.060 Planned unit development approval by the governing body.

(a) Form of Ordinance. An ordinance approving a planned unit development and establishing a planned unit development district shall specify the restrictions that will, pursuant to the development plan, apply in the planned development district and shall describe the boundaries of such district or set such boundaries out on a map that is incorporated and published as a part of such document. Such document shall also specify the conditions and restrictions that have been imposed by the governing body on the planned development and shall designate geographic areas by use group category. Prior to consideration of an ordinance by the city council, the applicant shall submit the plan on a permanent-type drafting film material on sheets 24 inches by 36 inches suitable for recording.

(b) Recording. For those proposals which are approved to be reclassified to the planned unit development district, the master plan, and site plan (if concurrent approval is requested by the applicant) as approved by the governing body with all conditions, revisions, and restrictions as set forth or imposed by said action of the governing body shall be recorded within 60 days of the action date of the city council by the applicant with the register of deeds. Failure by the applicant to record the plan within the prescribed time period or provide the planning department 15 copies of the recorded plan within 90 days of the action by the governing body shall deem the zoning petition as null and void. The planning director upon written request of the applicant and for good cause shown may extend this time period an additional 30 days. Upon recordation, any changes, revisions, or modifications to the plan shall be in accordance with this division and again recorded in a similar manner; provided, however, if the cause of the delay was one of circumstances beyond the control of the applicant, the planning director may grant an additional extension of 90 days.

(c) Site Development Plan Review. If the site plan was not submitted and approved concurrently with the master plan, the following procedure shall apply: following the recording of the master planned unit development plan and prior to application for any building development on the site, the applicant shall be required to submit a site development plan in accordance with the procedures set forth as follows:

(1) Submission of Site Development Plan. A site development plan shall be submitted for the entire area as per the approved master planned unit development plan or for a subarea (single use group area) within the planned development, provided: (i) the plan of the subarea meets all the requirements of the master planned unit development plan; (ii) the dwelling unit density for residential development or total floor area for nonresidential development does not exceed the dimensional standards established by the master plan unit development plan; (iii) the subarea can function as an independent development unit with adequate access, services, utilities, open space; etc.; and (iv) the subarea is more than two acres in size. The applicant shall submit 15 copies of the site development plan which shall contain the following information:

(i) The title of the project, centered across the top of the plan sheet, and the names of the engineer or surveyor and names of the developer; and a signature panel for the planning director’s approval.

(ii) A north point, scale, date and vicinity map.

(iii) Existing zoning and improvement of immediately adjacent properties.

(iv) The boundaries of the entire planned unit development or the specific land use area for which development is sought; all existing property lines; setback lines; the right-of-way and pavement dimension of existing streets; the location, dimension, height and square feet of all existing buildings and identification of those to be retained or removed; location, alignment and area of watercourses, waterways or lakes; and other physical features in or adjoining the proposed development.

(v) The right-of-way and pavement dimension of all proposed streets, loading and parking areas; location, height, type of fixture, and intensity of illumination of all exterior lighting; location and dimension of storm drainage facilities and all curb cuts and access points.

(vi) The location, dimension, height, and square footage of all proposed buildings, main and accessory, including dwelling type and number of dwelling units per building.

(vii) The location of trash receptacles, including the type and height of trash enclosures.

(viii) The location and dimension of proposed recreation areas, open spaces, and other amenities and improvements.

(ix) The location, character, size, height, and orientation of existing and proposed signs.

(x) The location, type, height, and materials of all fences and walls.

(xi) The location and type of all existing trees with a caliper of eight inches or greater. The plan shall indicate which of the trees are to be retained and which are to be removed.

(xii) A landscape plan in compliance with the requirements of the provisions of Chapter 18.235 TMC, Landscape Requirements.

(xiii) A tabulation of the total number of acres in the project, total number of acres in the land use area for which site plan approval is sought, the percentage and acreage thereof proposed to be allocated to residential use, nonresidential uses, off-street parking, common open space, parks, schools, and other reservations.

(xiv) A tabulation of the total number of dwelling units in a residential area and the overall project density in dwelling units per gross acre. Tabulation of floor area by use in a nonresidential area.

(xv) The type, location, and size of all existing and proposed utilities and utility easements extending through or adjacent to the site.

(xvi) A topographic survey showing the elevation of streets, buildings, structures, watercourses, and their names. The topography shall be shown by adequate spot elevations.

(2) Review and Approval of Site Development Plan. Site plans shall be approved administratively by the planning director after first circulating the plan and all attachments to all applicable reviewing departments and agencies for written comment. This provision, however, shall not prohibit the planning director from requesting a recommendation from the planning commission. The site development plan shall be reviewed for conformity with the provisions of the master planning unit plan and other applicable codes and regulations of the appropriate jurisdiction. The planning director may approve the site development plan as submitted, approve with modifications, remand back to the applicant for modifications, or deny. If the plan is approved, the director shall certify thereon his approval and state the conditions of approval, if any. If the plan is disapproved, he shall indicate his disapproval and the reasons therefor in writing to the applicant. Appeals of any decision of the planning director shall be submitted to the planning commission for review and determination. Appeals of any decision of the planning commission shall be submitted to the city council for final action.

(3) Amendments or modifications to approved site development plans must be submitted to the planning department for review and determination. Such modifications shall be submitted to all applicable reviewing agencies and departments for review and comment. The planning director shall approve, modify, or deny the proposed amendment in the same manner as the submission of the original site development plan. The planning director again may submit the proposed amendment to the planning commission for recommendation.

(4) A stop work order shall be put on a project if any improvements required on the approved site development plan are not adhered to during the development of the site. (Ord. 19218 § 5, 2-3-09. Code 1995 § 48-24.05.)

    Cross References: City council – mayor, Chapter 2.15 TMC; planning department, TMC 2.25.090; planning commission, Chapter 2.135 TMC.

18.190.070 Amendments to planned unit development plans.

Each applicant petitioning for a planned unit development district shall, as part of the application, designate a prescribed manner as to who may initiate amendment(s) to the approved planned unit development master plan. In addition to the planning commission or city council, the owner may solely initiate amendments to the plan. The terms and provisions of the plan shall extend to and be binding upon the heirs, executors, administrators, trustees, and assignees of the owner. Should more than one entity hold title, then all such affected owners of all such title as determined by the planning director shall be required to execute any such amendment. In lieu of all owners individually executing such document, the planning director may approve a homeowners’ or property owners’ association to execute any such amendment if they present evidence their organization has the authority to represent all owners within the PUD.

(a) Minor Amendments to Master Plan. Minor changes to a planned unit development master plan may be approved administratively, if at all, by the planning director. Such changes may be authorized without additional public hearings, at the discretion of the planning director. This provision shall not prohibit the planning director from requesting a recommendation from the planning commission.

(1) Minor Amendment Criteria. Amendments shall be deemed as minor if the cumulative revisions to the most recent approved master plan of record which was considered at a public hearing do not include:

(i) A change to the use and character of the development.

(ii) The possible creation of obstacles, barriers and service problems to traffic circulation, fire protection, public safety, and public utility services due to the revision(s).

(iii) A reduction by greater than 10 percent of the designated open space.

(iv) An increase by greater than 10 percent in the approved number of residential dwelling units.

(v) Increase the floor area proposed for nonresidential use by more than 10 percent.

(vi) Increase by greater than 20 percent the approved signage including, but not limited to, height or sign face area.

(2) Submittal of Revised Master Plan with Minor Amendments. The proposed revised master plan shall be submitted to the planning director for consideration of approval. Said plan shall be presented on reproducible tracing material in like manner, and substance as reflected on the most recent approved plan. All other data, conditions, and information other than that proposed for amendment shall be identical to the most recently approved plan. Space for acknowledgement of approval by the planning director with date space shall be reflected on said plan. A letter of transmittal from the designated applicant setting forth in detail all proposed amendments shall accompany the submittal. Upon approval of any revised plan, the applicant shall furnish 16 copies of such plan with the planning agency for distribution to public agencies and utilities. The original tracing will remain on file in the planning agency and the revised master plan shall be rerecorded with the register of deeds in like manner as established with the original filing.

(b) Major Amendments to Master Plan. Major changes shall include any modifications that do not meet all the minor amendment criteria set forth above. A major amendment is processed and approved in the same manner as the original application. Amendments that add a permitted use group and/or change the location of a use group by legal description are subject to protest as provided for under state law for any other rezoning. (Ord. 19218 § 6, 2-3-09. Code 1995 § 48-24.06.)

    Cross References: City council – mayor, Chapter 2.15 TMC; planning department, TMC 2.25.090; planning commission, Chapter 2.135 TMC.

18.190.080 Planned unit development plan variance procedures.

The planning commission is solely empowered to grant variances to the provisions of this chapter and only under the following circumstances:

(a) The applicant demonstrates that the plan as submitted more effectively accomplishes the goals and objectives of the comprehensive plan than such plan incorporating the provision for which a variance is requested; or

(b) 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 substantially impairing the purpose of this chapter. (Ord. 19218 § 7, 2-3-09. Code 1995 § 48-24.07.)

    Cross References: Planning commission, Chapter 2.135 TMC.