Item 8A
AGENDA ITEM #8A
SEPTEMBER 13, 2004
~• CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Planned Unit Developments (PUDs)
SUBMITTED BY: Sonya Doerr, AICP ~,[~/
~"" Community Development Director
DATE: September 2, 2004
BACKGROUND: Over the past thirty years, PUDs have become one of the most common
development approval procedures used across the country. Many local governments in fact
require all new development projects to be approved through the PUD process. PUD ordinances
began to appear in local zoning codes during the 1970s in response to the need to provide more
flexible, yet binding, zoning controls than those set forth in traditional zoning .codes, which
~. typically establish one-size-fits-all development requirements. The City of Atlantic Beach has
few PUDs, simply because most of the City was platted and developed before the emergence of
PUDs. The City's first PUD regulations were adopted in 1972 and were almost word-for-word
~• identical to PUD regulations found anywhere.
PUDs are most commonly used for new residential developments and for mixed-use
developments, although some local governments have adopted sepazate Mixed Use Zoning
District categories. The final product resulting from the creation of a PUD depends greatly on
the requirements of the PUD regulations, and how the individual PUD is crafted and monitored
as development progresses. The overall intent of a PUD is to establish specific and unified
development standards that are planned and tailored to fit a particular piece of land, and which
aze appropriate to address the use(s), the environmental conditions and any unique characteristics
~"' of that land on the front end, before any approvals and permits are issued.
If administered properly, PUDs provide a valuable tool through which to more specifically
"""' regulate new development as opposed to the conventional zoning district ordinance. Using City
of Atlantic Beach regulations as an example, if a property were to be rezoned to CG
(Commercial General), any use in the CG district would be allowed, and only the minimum
""' zoning standazds could be enforced. Depending on the location of that property, it might be
desirous to prohibit certain more intense commercial uses either because they are incompatible
with nearby existing uses, or there might already be too many of a particular use in a given area.
'"'" Pazks and recreation facilities, and typical residential amenities, might not be needed in a
commercial or mixed-use PUD, but lighting or sign criteria, use restrictions, access and driveway
limitations, additional landscaping -beyond that required in standard zoning regulations -might
be needed. These individualized issues can be addressed. and enforced through a PUD.
In response to the Commission's questions about size thresholds, a residential PUD should be
'"' large enough to accomplish the various aspects of awell-planned and good neighborhood, such
as open space, recreation amenities, and a consistency of site design. The City's 10-acre
requirement for residential PUDs is fairly typical. For a new commercial or mixed-use project,
""~ however, this 10-acre requirement might bind the City's ability to regulate specific aspects of
project beyond what the standard zoning regulations allow. During changes made to Chapter 24
September 13, 2004 regular meeting
AGENDA ITEM #8A
SEPTEMBER 13, 2004
several years ago, this was the consideration by the Community Development Board in not
~, requiring an acreage threshold for mixed-use projects. Since the City does not have aMixed-
Use Zoning District, Small Area Plan or Site Plan regulations, the PUD effectively provides the
only mechanism to pre plan a new non-residential project before it reaches the permitting stage.
„~,,, The PUD regulations and requirements were also significantly strengthened at that time to
require more provision for and information related to environmental features, archaeological or
historic resources, open space, sidewalks and recreation facilities.
While we have few PUDs, we have both good and bad examples. The Fairway Villas and Selva
Linkside PUDs are rather poor examples. In looking at the zoning map, clearly these projects
contain little more than small lots and streets, and representations made related to open space and
recreation recreation were not properly committed when these projects were approved many
years ago. On the other hand, Ocean Walk and Fleet Landing provide good examples of very
different, but very well-planned communities. Without question, PUDs require that the City
closely monitor not only the approval and development phases of a project, but also impose a
post-development responsibility to insure that the commitments made in a PUD ordinance are
honored.
BUDGET: No budget issues.
RECOMMENDATION: Discussion; no action required.
ATTACHMENTS: Copy of the City's PUD regulations, and publications from the Planning
Commissioner's Journal and the ICMA's Practice of Local Government
Planning related to PUDs.
REVIEWED BY CITY MA
~.
2 September 13, 2004 regular meeting
AGENDA ITEM #8A
SEPTEMBER 13, 2004
PLANNING LAW PRIMER
Planned- Unit Developments
by Mary McMaster, Esq.
O ne type of development that
planning commissioners are often
required to evaluate is the
planned unit development, typically
referred to as a "PUD." The PUD allows
for more flexible development practices
than traditional "grid" zoning.
Essentially, PUD zoning permits a
developer to meet overall community
density and land use goals without
being bound by rigid requirements such
as minimum lot standards and use
categories.
For example, a community may
require the same overall density within
a residential PUD as that of the
surrounding area. However, the
community may allow development
within the PUD to be massed or
clustered so that the individual lots are
smaller but more open space is
preserved than would occur under
traditional zoning. The PUD concept
can also be applied to encourage
creative mixes of land uses, by
permitting certain nonresidential uses
(or a mix of different kinds of
residences -- single and multi-family) in
the development.
Probably the most popular form of
PUD is the planned residential
development or "PRD." PRDs are limited
to only residential uses, so they do not
provide for a mix of uses otherwise
allowed under a PUD plan. However,
like the PUD the PRD allows for much
greater creativity and flexibility in
design and layout.
The planned unit development
concept has been used primarily for
new subdivisions of vacant developable
land. By allowing developers to depart
from "cookie cutter" lot forms and set-
back requirements, more creative use of
open space and urban design is
possible.
An important benefit of allowing
PUDs in undeveloped areas is that they
can aid in the preservation of areas
containing natural resources. A PUD
developed in such a way that more of
the wetland or natural area is preserved
than would occur under standard
zoning practices. This is accomplished
by allowing the developer to make use
of smaller lots in exchange for
preserving the natural area.
Of course, even under standard
zoning, communities can require park
and open space dedications and
discourage development from occurring
in environmentally sensitive areas such
as wetlands. PUDs, however, have the
significant benefit of enabling much
more open space or natural features to
be preserved than might otherwise be
legally or politically feasible. Again, this
is accomplished by permitting the
developer to build more densely on the
remainder of the site than would
otherwise be allowed under the
community's standard zoning.
For example, assume that there are
regulations in place that allows a local
government to require one acre of
parkland dedication for a twenty acre
subdivision. If there is a ten acre
subdivision which happens to contain a
two acre area that is rich in bird habitat,
under traditional zoning it might be
difficult to preserve that habitat without
the community having to purchase it.
On the other hand, if a PUD develop-
men[ were allowed, the two acre site
could be set aside in exchange for
slightly more dense development on the
remaining eight acres.
Recently PUD zoning has also
become a popular technique for use in
infill areas. In such areas, a PUD
designation can help address concerns
relating to the need for mixed uses in an
already developed urban area or
problems with nonconforming uses in a
transitional area.
In the City of Benicia, California, the
planned unit development concept is
being used to allow for infill in an
industrial area in which warehouses are
being converted into artist live-work
spaces, studios and galleries. Prior to
the enactment of the PUD provision, the
warehouse conversions were not
permissible under the city's zoning
ordinance. While the community
wanted to re-zone the area in a way that
would facilitate and encourage new uses
of the warehouse buildings, it also
wanted to maintain some review of the
developments (without imposing rigid
restrictions on them).
To accomplish this the community
rezoned the area as a planned unit
development. Under the new PUD
designation, even the owner of a small
warehouse can redevelop with a flexible
mix of commercial, residential and
studio space as a small planned unit
development. It should be noted,
however, that although the community's
PUD zoning of the area does provide for
a great deal of flexibility in terms of
design and uses, community needs
dictated that certain performance
standards be imposed. For instance,
since parking in the area is problematic,
minimum parking ratios are imposed
on all PUD developments.
PREPARING A PUD, ORDINANCE
Most communities having PUD
ordinances allow PUD developments
only in certain zoning districts, as
PLANNING COMMISSIONERS JOURNAL ® ARTICLE REPRINT
project which incorporates a wetland or
other area of particular concern can be
Gr:
"overlay' zones. This approach typically
gives the developer the option of either
requirements of the "underlying" zoning
district (i.e., the zoning district in which
the property is located) or submitting an
application that takes advantage of the
flexibility allowed by the ordinance's
PUD provisions.
Typically, a PUD ordinance contains
the following provisions:
• A short statement of the goals of the
ordinance. For example, goals of the
Los Angeles County Residential Planned
Development Zone are: "to promote
residential amenities beyond those
expected under conventional develop-
ment, to achieve greater flexibility in
design, to encourage well-planned
neighborhoods through creative and
imaginative planning as a unit, and to
provide for appropriate use of land
which is sufficiently unique in its
physical characteristics or other
circumstances to warrant special
methods of development."
• A statement of where the ordinance
will apply and any special restrictions
such as minimum project sizes.
• A statement of the uses permitted.
In addition to residences these may
include neighborhood oriented com-
mercial uses, hiking or bike trails, golf
courses, or other uses the community
wishes to integrate with residential uses.
• Standards for overall project
density, building coverage and parking.
Some communities may want to impose
minimum lot sizes that are smaller than
would otherwise be required in order to
ensure that even with shared open
space each residential unit will still have
some private open space.
• Standards for landscaping and
maintenance of the project.
• Provisions for regulating the
development of the project if it is to be
built in more than one phase. It is a
good idea to make sure that either in
the PUD ordinance or elsewhere in the
zoning code the community has the
authority to prevent a developer from
building only the higher density areas of
an overall project and then "walking
away" from the project.
submitting an application that conforms
with the dimensional and use
• Criteria to be applied if the
community wishes to allow for higher
density or permit certain uses in special
circumstances.
• The procedures for applying to
develop under the PUD provision, and
how the PUD application will be
processed.
I.n most communities PUD develop-
ments must be approved by the
locality's planning commission with
right of appeal to the governing body.
Because of the greater flexibility
permitted under a PUD zone, evaluating
PUD projects is more subjective than
traditional evaluations required by most
development projects. However, the
inclusion of clear review standards and
criteria, as outlined above, will serve to
minimize the potential for arbitrariness.
Early communications, and meet-
ings, between planning staff and
potential PUD applicants is strongly
advised. This will ensure that applicants
are aware of the PUD objectives and
approval criteria and that planning staff
understand the goals of the applicant
and the constraints that he or she is
working under.
SUMMING UP:
A well conceived PUD ordinance, by
allowing for increased flexibility in the
design and siting of projects, can
provide both community residents and
developers with greater benefits than
might be possible using traditional
zoning criteria. Planning commissioners
should consider PUD projects an
opportunity to creatively implement
planning concepts.
Mary McMaster is an attorney with the
law firm of Oliver, Barr ~ Vose in Los
Angeles. Her practice focuses on
environmental and land use law. McMaster
has a Master's degree in urban planning
from UCLA, and served as editor of the
Ecology Law 2uarterly while at the
University of California, Berheley, Law
School.
AGENDA ITEM #8A
SEPTEMBER 13, 2004
PLANNING COMMISSIONERS JOURNAL ® ARTICLE REPRINT
AGENDA ITEM #8A
SEPTEMBER 13, 2004
~ Zoning and Subdivision Regulations 357
regulatory requirements unjustified by conventional health and safety criteria.
,~. Exclusionary zoning may be intentionally designed to keep out low- and
moderate-income residents, or it may have more benign purposes-for ex-
ample, to maintain an area's low-density rural character-but less benign ef-
fects. Characteristics of exclusionary zoning include extraordinarily large lot
"-"' .sizes, prohibition of multifamily dwellings and mobile homes, limits on the
number of bedrooms in apartments (to restrict family size), minimum floor
area requirements that are excessive and unrelated to dwelling unit occupancy,
~.. and refusal to zone adequate amounts of land for higher-density single- and
multifamily housing.
Second, local governments tend to make parochial zoning decisions at the
expense of regional interests. Because local governments depend on the prop-
erty tax to fund a large portion of basic services, many use "fiscal zoning" to
promote commercial and industrial development and expensive residences, of-
ten to the exclusion of affordable housing.11 When a local government approves
a zoning change to allow development of. a regional shopping center but fails
to zone adequate land for housing development for the people who work there,
it is effectively obtaining the benefits of development while exporting the costs.
Moreover, since some local governments may not feel an obligation to ensure
~'" that their zoning decisions do not adversely affect neighboring jurisdictions,
the cumulative effects of many such projects, such as traffic congestion, air
pollution, and the loss of such valuable resources as wetlands, are similarly
~. exported across jurisdictional boundaries.
Third, zoning can be bureaucratic, overly detailed, and resistant to admin-
istradve reform. Zoning ordinances may contain lists of permitted uses that are
so narrowly drawn that a conditional use permit (and a hearing) are required
~"" for most changes of use. Special development procedures and standards for
every new type of land use may add layers of review, ambiguity, and expense
to the development process. Development approvals may move at a sluggish
ww pace through the local legislative and administrative structure. Local govern-
ments may resist changes to zoning ordinances and approval procedures be-
cause of bureaucratic inertia ("we've always done it this way, why change
now?"). As a consequence, planners are now being challenged to "treat every-
!"' one like a customer and provide them with effective planning services."12 A
way to do this is to provide clear, accurate information to development permit
applicants and prompt decisions on permits once the application is deemed
~,,, complete.
Finally, zoning may lack a planning framework. As noted earlier, the rela-
tionship required between the local comprehensive plan and the zoning ordi-
nance and. zoning decisions varies by state. Where state statutes allow an op-
~""' tional role for the plan or where local governments simply ignore the plan,
zoning may occur on aparcel-by-parcel basis and [he community may fail to
take broader needs into account.
Innovative or specialized zoning tectrniques
Criticisms of zoning, and particularly of the rigid framework of conventional
zoning, have prompted the need for more flexibility in land use regulation. A
number of innovative or specialized zoning techniques have evolved that can
be applied in various combinations to pezmit creative approaches to
W development.
Planned unit developments
Planned unit developments (PUDs), which are also known as planned residen-
tial developments or, simply, planned developments, allow more leeway in the
358 7Tze Practice of Local Governrnent Planning
AGENDA ITEM #8A
SEPTEMBER 13, 2004
application of the zoning ordinance to a tract of land. PUD regulations may
allow mixed uses, flexibility in the placement of buildings, and relaxation of
development standazds (see Figure 14-10 j. Under the regulations governing
PUDs, the approved PUD plan fixes the nature and location of use: and build-
ings or. the entire site. A PUD can (: j improve site design, (2;) preserve amen-
ities such as open space by allowin; buildings to be eIustered. and (3') lower
the costs of constructing streets and~extendinR utilities to the development by
reducing frontages. Cluster development is a form of PUD in which buildings,
usually residences, are grouped together on part of the site to preserve open
space or environmentally sensitive areas, such as wetlands. At a site in BeI :tir,
Maryland, clustering was used to protect more than 90 percent of the wetland
acreage at the site (see Figure 14- I1 j. Because residential lots are set back
from the wetlands, impacts on the wetlands are primarily limited to road
crossing points. Where no other alternative exists, crossings are placed at the
Village Homes
Site Plan
N
Figure 14-10 Site plan
of Village Homes, a
planned unit
development of single-
family homes.
apartments, open
space, a communit}~
center, and commercial
and office buildings in
Davis, California.
_.~~~
;)717Iii 111!'(1'
i I.i -
-x
e•
AGENDA ITEM #8A
SEPTEMBER 13, 2004
Zoning anti Subdivision Regulations 359
Figure 14-17 Use of clustering to preserve wetlands in Bel Air, Maryland.
point of minimum impact, which is usually at the narrowest point of the wet-
land azea.
Overlay zones
Overlay zones, which are imposed over existing zoning districts, provide an
additional layer of development standards to address special land use needs.
Historic preservation regulations are usually administered through overlay dis-
tricts. In such districts, new buildings, additions, and modifications are subject
to design standards that ensure compatibility with the appearance of existing
buildings.
Hillside development regulations protect areas where there are steep slopes
by encouraging development that respects the constraints and natural amenities
associated with topographically challenging sites.13 Such regulations may in-
clude standards that limit allowable densities on the basis of the steepness of
the slopes and the suitability of the soil, among other factors.
Flood hazard or floodplain zones, another form of .overlay, control devel-
opment on land that is susceptible to being inundated by water from any source.
The floodplain designation is typically divided into two parts: (1) a floodway,
which encompasses the channel of a river or other watercourse and adjacent
land azeas that must be reserved to dischazge a 100-year flood (i.e., a flood that
has a 1 percent chance of occurring each year}, and (2) the floodway fringe,
which is land outside the floodway that is subject to inundation by relatively
low velocity flows and shallow water depths. Land within floodway zones is
subject to special review to ensure that development does not obstruct the
channel of the river or watercourse carrying the flood. Floodplain regulations
may prohibit all habitable structures in the floodway, requiring that they be
constructed instead above the floodplain elevation, or they may require that
buildings and structures be flood-proofed. The federal National Flood Insurance
Program provides affordable insurance for property owners in flood hazard
areas if the local government adopts floodplain regulations that meet federal
criteria.1°
Initial site plan Location of wetlands Approved site plan