Chapter 25.74 PLANNED DEVELOPMENT ZONES


Section 25.74.104 Standards for planned development approval.

The standards hereinafter set forth shall apply to all planned developments proposed or approved pursuant to this chapter:
    1. Ownership. The entire tract proposed for independent or overlay planned development treatment shall be in single ownership or under such unified control as to ensure that the entire tract will be developed as a unified whole. All owners of the tract shall be included as joint applicants on all applications, and all approvals shall bind all owners. The violation of this title or any approved plan by any owner as to any tract shall be deemed a violation as to all owners and all tracts.
    2. Minimum Area. No fixed minimum area is required for an independent or overlay planned development. However, the applicant shall have the burden of establishing that the tract is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which planned developments may be established pursuant to this chapter.
    3. Compatibility with Plans and Vicinity.  Independent or overlay planned developments shall be planned and developed to be in harmony with the general purposes, goals, policies and standards of the general plan and this title; to avoid any substantial or undue adverse effect upon the development, use and enjoyment of adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare; to avoid any domination of the immediate vicinity, which would interfere with the development and use of neighboring property in accordance with the applicable zone regulations; and to avoid any destruction, loss or damage of natural, scenic or historic features of significance, and to mitigate other significant adverse impacts, such as landslides and flooding.
    4. Permitted Uses-Residential Planned Development. Uses are allowed in planned developments as specified below. In each case the provisions of the general plan shall guide the inclusion of different land uses.
        a. In an independent planned development, any principal, accessory, conditional or temporary use permitted as of right or by conditional use permit in any residential zone established by this title may be permitted. Commercial uses may be permitted in an independent planned development in accordance with the provisions of subsection 5 of this section. In an independent planned development, no use shall be permitted except as expressly authorized in an approved planned development concept plan or an approved planned development site plan if no concept plan is required.
        b. In an overlay planned development, those principal, accessory or conditional uses specified by the primary zone shall be permitted except that this range of uses may be reduced by the terms of an approved planned development concept plan or an approved planned development site plan if no concept plan is required.
    5. Commercial Uses. In approving a planned development concept plan, the city council may authorize the establishment of commercial uses subject to the following standards and limitations:
        a. Predominant Use. The establishment of any commercial use shall not be permitted unless the predominant use and character of the planned development remains residential.
        b. Limited Service. Such commercial uses shall be limited in size, scope and type so as to serve primarily the residents of the planned development, unless the applicant shall justify the establishment of a larger commercial facility by:
            (1) Establishing that the general plan of the city recognizes the need for such a larger facility at the proposed location; and
            (2) Submitting a market analysis prepared by an experienced professional establishing the need for such larger commercial facility at the proposed location and containing at least the following information:
                (A) The trade area of the proposed commercial facility;
                (B) The trade area population, present and prospective;
                (C) The effective buying power in such trade areas; and
                (D) Potential consumer buying power which is expected to be captured for stores in the proposed commercial facility considering existing and reasonable future competition and, on such basis, the recommended store or office types and floor areas.
        c. Location and Design. Such commercial areas should be located and designed so as to be an integral part of the planned development, to be served by a street network capable of handling projected traffic safety and without congestion, to be buffered and screened from nearby residential areas, to minimize adverse effects on surrounding land uses, and to conveniently serve the population of the projected trade area.
    6. Density.
        a. Overlay Zone. Where a planned development zone is mapped in conjunction with an underlying residential zone, the maximum total number of dwelling units shall be equal to the base density, that is the total number allowed if the subject property were developed in the underlying zone, plus a bonus number of dwelling units that may be approved by city council as part of the development concept plan on the basis of the following factors:

            MAXIMUM BONUS                    COMPENSATION AMENITY
            ALLOWABLE                        REQUIRED TO JUSTIFY BONUS

            (1)  Five percent increase in base        Improvements to common open
                density                                spacesuch as play areas with
                                                     equipment, basketball courts,
                                                     ball fields, ice rinks, shuffle-
                                                     board courts, and handball
                                                     courts.
                                                     Conveniently usable open space
                                                     on the roof of a building may
                                                     qualify as improved open space.

            (2)  Ten percent increase in base        Recreation and/or leisure
                 density                                orie nted improvements consisting
                                                     of one or more of the following:
                                                     club-house, swimming pool or
                                                     tennis court.
    
            (3)  Ten percent increase in base        Preservation or restoration of
                density                                historically or architecturally
                                                     significant structures or
                                                     preservation of significant
                                                     natural features identified in
                                                     the general plan or on an
                                                     official state or national
                                                     register.

            (4)  Fifteen percent increase in            Provision of housing qualifying
                base density for each ten            as housing for low and moderate
                percent increase of compen-            income families or for the
                 sating amenity to a maxi-            elderly under a federal, state
                mum bonus of thirty percent            or local program.
                of base density

            (5)  In no event shall the total
                density bonus add more than
                thirty percent to the base
                density

            (6)  Fractional dwelling units
                of 0.5 or more shall be
                considered as a whole unit
                in applying bonus
                provisions

        b. Independent Zone. Where a planned development zone is mapped independently of any other zone, the city council, in approving the development concept plan, shall establish a maximum permitted density, taking into account the current zoning of the subject property, the general plan, the density and use of surrounding properties, and the presence or absence of the various factors set forth in subsection 6a of this section.
        c. Prior to approving a development concept plan that includes any density bonus under subsections 6a or 6b of this section, the city council shall receive a written recommendation from the planning and zoning commission specifying a recommended density bonus and the basis for such bonus.
    7. Open Space.
        a. Overlay Zone. When a residential planned development is applied as an overlay zone to existing zoning, the open space requirements as indicated by maximum lot coverage requirements of the underlying zone shall apply. Where the planned development is overlaid on more than one zone then the total amount of open space shall be determined by calculating the open space required for the area represented by each zone under that zone's requirements and then summing those calculations.
        b. Independent Zone. Except as hereinafter provided, every independent planned development shall provide common or public open space, as defined herein, equivalent to at least twenty percent of its gross area, except as follows:
            (1) Such area of land may, subject to the city council authorization in approving a development concept plan, be reduced by up to:
                (A) Ten percent where a corresponding amount of private open space is provided for the use of individual dwelling units,
                (B) Ten percent where the city council finds that the existence of nearby public open space reduces the need for common open space,
                (C) Twenty percent where the city council finds that provision of the full requirement of open space would unduly hinder the redevelopment or rehabilitation of previously developed land,
                (D) Twenty percent where the city council finds that landscaped or developed roof areas provide compensating recreational and leisure-oriented areas;
            (2) Such common or public open  space may be increased up to seventy percent of the gross area of the site where the city council finds that, by reason of included areas of water, steep slopes, or other area unsuitable for building, the open space proposed to be provided is inadequate to serve the needs of the planned development.
        c. Usability. All common or public open space shall be:
            (1) Open and unobstructed from ground to sky except by facilities expressly authorized by an approved site plan and specifically designed, arranged and intended for use in conjunction with passive or active outdoor recreation or relaxation;
            (2) Landscaped, maintained or otherwise treated to create a setting appropriate for recreation and relaxation or visual, aesthetic and environmental amenity;
            (3) Accessible and usable by the residents of all dwellings it is intended or required to serve; and
            (4) Subject to adequate safeguards, such as recorded covenants or dedication of development rights, acceptable as to form and substance by the city attorney, to prevent the subsequent use of such open space for any structure, improvement or development not authorized by the approved site plan.
        d. Location. Common open space shall be located and distributed in the planned development area so as to provide for ready accessibility to, and equitable use and enjoyment by, all residents of the development.
        e. Public. Public open space in a planned development shall be conveyed to a public body which has consented to accept such conveyance and to maintain such open space.
        f. Common. Common open space in a planned development shall be either:
            (1) Retained by a single owner who is the owner of all the structures in the Planned Development.  If individual structures or units are sold open space shall be held by a property owners' association or apportioned to each structure or unit according to percent that the unit or structure is of the appropriate total; or
            (2) Conveyed to a property owners' or similar organization established to own and maintain common open space and meeting the standards set forth in subsection 7f of this section.
        g. Property Owners' Associations.
            (1) Any organization established to own and maintain common open space shall meet each of the following standards:
                (A) The property owners' association must be established and all covenants and restrictions recorded prior to the sale of any property within the planned development or the area within the planned development designated to have the exclusive use of the proposed open space or facilities.
                (B) The bylaws and rules of the property owners' association and all covenants and restrictions to be recorded must be approved by the city attorney prior to becoming effective.
        h. Special Features. When a planned development site includes areas of significant natural or environmental amenity or value, the city council may, in approving a development concept plan, require that such areas be preserved in their natural state and may, in its discretion, waive any provision of this Section 25.74.104-7 with respect to open space in order to accommodate such preservation. The city council may also waive or modify any provisions of this Section 25.74.104-7 with respect to open space when the city council finds that the area to be developed is in need of redevelopment and requirements for open space would inhibit redevelopment and the modification or waiver of open space requirements would not substantially impair the quality of the redevelopment.
    8. Timing of Open Space and Similar Facilities. If any stage of a planned development is proposed to contain a proportion of common or public open space or other public or private recreation or service facilities less than its proportion of dwelling units, the applicant shall, as part of the planned development concept plan application, commit itself to provide a bond, credit, escrow or other assurance, satisfactory to the city attorney, to ensure the development or provision of the open space or other facilities proposed eventually to serve residents of such stage and shall provide such bond, credit, escrow or other assurance prior to commencing any development or construction of the stage in question.
    9. Covenants and Restrictions. All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with the planned development shall provide that they may not be modified, removed or released without the express consent of city council and shall further provide that they may be enforced by the city of Sioux City in addition to the landowners within the planned development.
    10. Preservation of Environment. In every planned development, existing trees, waterways, floodplain areas, scenic points and vistas, natural grade and slopes, soil conditions, drainage and water tables, and other significant natural conditions and features, shall be considered in planning  the design and layout of buildings, circulation elements and open spaces to the end that degradation of the natural environment shall be avoided, and the man-made environment created by the development  process shall take maximum advantage of the possibilities for coordination with the benefit from the natural environment.
    11. Landscaping. In all planned developments, landscaping and screening may be required according to a plan approved as part of the planned development site plan. Any area of the planned development not used for structures or circulation elements shall be landscaped o otherwise improved, unless an approved concept plan or site plan expressly requires or authorizes either the maintenance of delineated areas in their natural state or the planting or delineated areas with wild, self-sustaining vegetation intended to approximate natural conditions.
    In assessing the landscaping plan, the planning and zoning commission shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the site plan.
    12. Perimeter Treatment. The perimeter of the planned development shall be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures, setbacks, screening, or natural or man-made buffers.
    13. Privacy. Planned developments shall provide reasonable visual and acoustical privacy for dwelling units. Fences, circulation elements, barriers, landscaping, structural elements and components and building orientation shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise.
    14. Availability of Utilities and Public Services. Every planned development shall be adequately served by essential public facilities and services such as highways, streets, traffic-control signals and devices, police and fire protection, drainage ways and structures, refuse disposal, water supply and facilities, sewers and schools. Excessive demands upon support systems may be grounds for denial by city council of a planned development as submitted. Where any such facility or service is not available or adequate to accommodate the planned development, approval of the development concept plan may be contingent upon a plan for eliminating the deficiencies mutually accepted by the applicant and the city council.
    15. Accessibility of Site. Streets, alleys and driveways shall be adequate to carry anticipated traffic generated by the planned development. The traffic-carrying capacity of the streets and roadways directly serving the development shall be evaluated and the applicant shall forecast future traffic volumes and indicate facility modifications, if needed, that will handle traffic safety and conveniently.
    16. Private Streets and Utilities. Where authorized by council in approving a planned development concept plan, streets of a specified size, function or location may be permitted to remain in private ownership, subject to the following requirements:
        a. Design Standards. All private streets shall be named. Private streets, water lines and storm and sanitary sewer systems shall meet the design standards established by the subdivision code and other city and state codes unless the city council shall, on the basis of reports from appropriate city departments, establish some lesser street standards as adequate to meet the needs for which such streets are designed and to protect the public health, safety and welfare.
            b. Maintenance. All private streets, water lines and sanitary sewer systems shall be conveyed to a property owners' association or similar organization or remain in single ownership of the developer or his successor which have total and perpetual responsibility for their maintenance. A property owners' association shall meet all of the standards set forth in subsection 7f of this section.
    17. Off-Street Parking and Loading and Queuing Space Requirements. Parking, loading and queuing spaces shall be provided in every planned development in accordance with the following provisions:
        a. Quantity. Sufficient off-street parking and loading spaces shall be provided to accommodate the normal needs of the planned development so that parking demand will not extend to nearby public streets.
        b. Design. Unless expressly waived by the city council, off-street parking and loading spaces and areas shall meet the following design standards:
            (1) Each parking space shall have minimum area of one hundred eighty square feet and shall be served by adequate access aisles and maneuvering areas.
            (2) No more than fifteen parking spaces shall be permitted in a continuous row without being interrupted by landscaping in residential planned developments.
            (3) No more than sixty parking spaces shall be accommodated in any single parking area accessory to a residential building.
            (4) All parking and loading areas in commercial areas shall be paved and appropriately marked with signs and pavement markings.
            (5) Screening of parking and loading areas may be required to protect neighboring residential uses.
            (6) Parking and loading areas may be required to be lighted.  All such lighting shall be so arranged as to direct the light away from adjoining residences.
            (7) All parking and loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding or other inconveniences. Storm water retention and desedimentation facilities may be required.
            (8) Loading and unloading operations shall not unduly interfere with pedestrian routes or protrude into any front yard.
        c. Location. Off-street parking and loading spaces shall be located so as to be reasonably accessible to the use to be served.
        d. Common Parking Areas. Parking areas to serve properties and uses in different ownership may be provided subject to compliance with all of the foregoing standards and subject to adequate provision for the continued maintenance of such areas by means of their conveyance to a property owners' association meeting the standards set forth in subsection 7f of this section or by such other device as may be approved by the city attorney.
        e. Queuing Space Requirements. Queuing spaces shall be provided for all drive-in establishments permitted in the Residential Planned Development Zone in accordance with the provisions in Chapter 25.96 of this title.
    18. Pedestrian and Bicycle Circulation. A pedestrian and bicycle system shall be provided. Such system shall be designed as an alternative to motor vehicle travel and shall take into account the need for safe pedestrian traffic between residential units and support facilities such as schools, parks, playgrounds and convenience shopping areas. An equestrian circulation system may be provided where appropriate.
    19. Additional Conditions. In approving plans for a planned development, the city council shall have authority to impose such restrictions and conditions upon such development as may be necessary to ensure its compatibility with surrounding development and its compliance and consistency with the general purpose, goals and objectives of this ordinance and the general plan. Such restrictions and conditions shall be expressly set forth in the instrument granting plan approval. A violation of any such restriction or condition shall be a violation of this title. Any such condition or restriction imposed by the city council shall be consistent with the provisions of this chapter and with the approved planned development concept plan.
    20. Irrespective of any provisions of this Subchapter I, any planned development lying within or partially within the boundaries of a -FW floodway overlay zone or a -FF flood fringe overlay zone shall incorporate the floodplain management provisions provided for in such zones.  (Ord. 86/T-5072; S-36977, 1978; S-30424, 1976)