The applicant for a planned unit development permit shall be
the owner(s) of the property or the party designated to act as agent
for the owners(s). The responsibilities of the applicant are as follows:
A. Preapplication conference. Each prospective applicant shall confer
with the Planning Commission in connection with the preparation of
the application prior to the submission. At this conference, the following
information and data shall be considered.
(1)
The boundaries of the property.
(2)
Existing easements and covenants affecting the property.
(3)
Physical characteristics, such as drainage, topography, vegetation
and existing structures.
(4)
Development characteristics, such as surrounding land uses,
existing streets and availability of utilities.
(5)
Elements of the proposed layout, such as land uses, open spaces,
community facilities, densities, traffic flow and estimated impact
on traffic and adjacent land uses.
B. Development plan submittal. The PUD request shall follow the regular
submittal schedule adopted by the Planning Commission.
C. The submittal shall include the following as a minimum:
(1)
Development plan drawn to scale accompanied by an electronic
version of the same as required by the City. Survey information shall
be prepared a professional surveyor (P.S.).
(2)
Drainage and utility calculations shall be prepared by a professional
engineer (P.E.). The professional stamps of the individuals responsible
for the various elements shall be indicated on the drawing.
(b)
Name and address of owner.
(d)
Building footprints for the individual buildings to be included
in the PUD except of buildings on lots designated as single-family
residential or duplex lots.
(e)
Topographic contours at two-foot intervals.
(f)
All easements existing or proposed.
(g)
Street rights-of-way and street names.
(h)
All drives, sidewalks, accessways, alleys, parking lots and
any streets proposed to be dedicated.
(i)
Proposed landscaping, inclusive of any fencing, lighting, and
other pedestrian amenities.
(j)
Open space and community facilities, if any, proposed as part
of the PUD.
(k)
Location of all existing and proposed private and public utilities.
(l)
Names of the owners of adjacent properties.
(m)
Zoning classifications of adjoining properties.
(n)
Construction drawings as necessary to support the proposals
outlined in the development plan.
(o)
Exterior lighting and speakers.
(3)
Any additional information determined to be necessary for review
by the Administrative Official.
The PUD submittal will include a listing of the proposed land
uses and the amount of land devoted to each.
The regulations for PUD are as follows:
A. Residential lot size. No minimum lot sizes are established, so the
housing can be clustered or otherwise concentrated or arranged in
planned locations on the site to take advantage of its natural features.
B. Open space reservation. In any planned unit development, the amount
of land not used by buildings, accessory structures, and yards but
required by the zoning of the site shall be maintained as open space
for the purpose of providing parks, recreational facilities, ways
for pedestrian movement and circulation, and conserving visually pleasing
elements of the environment. Prior to the sale of any lot, site, home
or other structure, a bond of sufficient surety determined by the
Administrative Official shall be posted with the City for completion
of said open space improvements prior to such sale. The development
plan shall clearly depict the amount of land to be maintained as permanent
open space.
C. Development density. The development plan shall clearly depict the
proposed density by land use category. The resulting density shall
not exceed the density allowed with the underlying zoning of the site.
D. Property owners' association. As part of the plan proposed for any
planned unit development, the developer shall submit a set of covenants
running with the land providing for an automatic membership in the
property owners' association, to be an incorporated nonprofit organization,
operating under recorded land agreements, through which each property
owner in the planned unit development is automatically subject to
a charge for an appropriate proportionate share of the expenses for
maintaining the common property, open space and/or other activities
of the association. Once established, the covenants shall continue
and remain in force during the entire existence of the planned unit
development.
E. Responsibility for open space. Nothing in this division of the code
shall be construed as a responsibility of the City of Lincoln, either
for maintenance or liability of the following, which shall include
but not be limited to any private open areas, parks, recreational
facilities. A hold-harmless clause shall be incorporated in the covenants
running with the land to this effect.
F. It shall be provided further, however, that when an owner of a planned
unit development desires to dedicate certain land areas to the City
for public parks and recreational facilities, and the City approves
the nature and location of such lands, and accepts the dedicated areas,
the City shall be responsible for the operation and maintenance of
these lands and properties.
G. Common open spaces. The size, shape, dimension and location of the
common open spaces shall be determined by the Planning Commission
in conjunction with the developer or applicant with consideration
being given to the size and extent of the proposed development and
the physical characteristics of the land being developed. Consideration
should also be given in providing parks, recreational facilities,
both active and passive, and pedestrian walkways.
H. Common open space shall be guaranteed by a restrictive covenant describing
the open space and its maintenance and improvement running with the
land for the benefit of the residents of the planned unit development.
The developer shall file, at the time the approved final plat is filed,
legal documents that will produce the aforesaid guarantees and, in
particular, will provide for restricting the use of common open spaces
for the designated purpose.
I. Landscaping plan. In order to minimize the disturbance of the natural
environment, a general landscaping plan shall be required at the time
of development plan submission showing the spacing, sizes, and specific
types of landscaping material. The Planning Commission shall review
the landscaping plan in conjunction with the review of the development
plan.
J. The preservation of the natural amenities within the planned unit
development shall be given due consideration, which shall include
topography, trees, ground cover, natural bodies of water, and other
significant natural features. Existing trees shall be preserved wherever
possible. The location of trees shall be considered when planning
the common open space, location of buildings, underground services,
walks, paved areas, playgrounds, parking areas, and finished grade
levels. The Planning Commission shall inquire into the means whereby
trees and other natural features will be protected during construction.
Excessive site clearing of topsoil, trees and natural features before
the commencement of building operations shall be discouraged by the
Planning Commission.
K. Transportation. The vehicular circulation system shall be designed
so as to permit smooth traffic flow with minimum hazards to pedestrian
traffic. The design of collector or arterial streets shall conform
to the City's Master Street Plan and shall not be interrupted by gates.
L. The pedestrian circulation system and its related walkways shall
be insulated as reasonably as possible from the vehicular movement.
This shall include, when deemed to be necessary by the Planning Commission,
pedestrian underpass or overpass in the vicinity of schools, playgrounds,
local shopping areas, and other neighborhood uses that generate a
considerable amount of pedestrian traffic.
M. Land subdivision. In the construction and installation of all subdivision
improvements in the planned unit development, said improvements shall
conform to all requirements and standards as set forth in the City's
Subdivision Regulations, unless exceptions to the requirements are specifically
approved by the Planning Commission and by the City Council as part
of the PUD design.
The Planning Commission shall review the proposed PUD after
proper submittal of all documents and review by the appropriate City
staff. The following criteria will govern the approval or disapproval
of the PUD application by the Planning Commission.
A. The PUD shall provide public benefits that would not be achievable
through the standard zoning regulations.
B. The PUD shall not reduce the level of service (LOS) for the surrounding
traffic system.
C. The PUD shall conform in size, shape, and bulk to those in surrounding
developments. The Planning Commission may make exceptions when adequate
buffering is included with the PUD to shield adjoining uses from the
adverse effects of higher land use intensities. The Planning Commission
may also make exceptions when the PUD clearly represents a transitional
development between developments or neighborhoods of differing densities
or intensities of use.
D. The PUD shall be compatible with all adopted plans and policies of
the City, including the Master Street Plan. If the PUD is not consistent
with any of such plans or policies, the application must include with
the PUD submittal a request to amend such plans or policies.
E. The PUD shall be designed in such a manner as to protect the public
health, welfare and safety of the residents of the neighborhood in
which it is located.
F. The PUD must be of a character and contain such uses that are needed
in the area of the proposed project.
G. Approval of a PUD cannot result in the violation of regulations in
the Arkansas Fire Prevention Code or in regulations issued by the
Arkansas Health Department. Approval of the PUD cannot result in the
reduction of standard engineering practices or in the drainage or
water quality requirements of the City.
Planned unit developments represent zoning districts and must be approved by the City Council. However, the development shall be in accordance with the approved development plan. The Planning Commission must approve any contemplated deviation from the approved development plan except as specified in §
4.7.7. Upon approval by the Planning Commission, all recommendations shall be submitted to the Lincoln City Council for approval. The Lincoln City Council has the authority to require reasonable plan changes for the planned unit development as a prerequisite to approval. Any dedications of streets or easements to the City must be included in the ordinance approving the PUD.
Following City Council approval, the Planning Commission may
approve minor revisions to the site plan if:
A. No changes are made to either the access or the egress to the PUD.
B. Any changes to internal traffic arteries do not alter overall traffic
patterns, size of streets, or functional classification of streets.
C. No new streets are proposed for dedication.
D. No new private streets are proposed.
E. Overall residential density is not increased.
F. Overall drainage patterns are not altered.
G. No additional loads are placed on municipal utilities.
H. Retail and office space are not increased by more than 5%.
I. No open space is dedicated for public maintenance.