The PUD Overlay Zone is intended for those land uses that will by their nature, have a greater impact on the environment and will affect larger areas of the City of Elephant Butte. This classification is intended to provide an alternative to the conventional approach to land use regulations by permitting flexibility and innovation in design, placement of buildings, use of open spaces, and off-street parking areas and to encourage a more creative approach to the utilization of the land.
(A) Types of PUD Overlay Zones. The PUD Overlay Zone shall be classified as follows:
(1) Type 1. When an applicant, for whatever reason, wishes to deviate from standard regulations or when an applicant proposes to use different land use classifications within the same site such as a variety of residential housing types.
(2) Type 2. When a commercial or industrial land use is proposed that will deviate from standard regulations or the applicant proposes to use different land use or has the potential to create negative impacts on the environment, infrastructure or adjacent and nearby properties. These include:
(a) Community commercial;
(b) Neighborhood commercial;
(c) Heavy industrial; and
(d) Light industrial.
(3) Type 3. Mixed Use Planned Unit Development. The purpose of the Mixed Use is to provide developers with a tool whereby tracts of land outside of the Type 1 or Type 2 districts may be developed for multiple uses provided the development is compatible with the needs of the residents. This makes possible a mixture of land uses in such a manner that residential, commercial, and industrial land uses may be juxtaposed if they are both internally and externally compatible and complementary with the remainder of the community.
(B) Total or phased development. A PUD Overlay Zone applicant may submit a development plan for the entire area based on a Conceptual Site Plan for the entire development, with development plans for areas within the overlay to be developed as districts, in phases. If the district method is used then all supporting services, including but not limited to roads, drainage and utilities, shall be submitted for evaluation.
(C) Procedures, requirements and standards for PUD Overlay or Districts. A PUD District applicant shall meet and follow the procedures, requirements and standards of the Subdivision Ordinance and all subsequent amendments except that the Planning and Zoning shall consider flexibility and innovation in the submittal recommendation. Site development shall meet the following requirements:
(1) Land. The tract of land is under unified ownership or control and shall be planned as a whole. If the tract is to be developed in phases, a phasing plan shall be provided and each phase shall be reviewed on its own merits.
(2) Comprehensive plan. The PUD shall be in harmony with the City of Elephant Butte Comprehensive Plan goals, policies and any complementary reports.
(3) Density. For residential uses in a Type 1 PUD where a variety of housing types may be provided, the total number of dwelling units allowed shall be determined by a density standard as
recommended by the Planning and Zoning Commission. Density will blend well with adjacent zoning district.
(4) Setback regulations. Due to the flexibility of the PUD concept it is impractical to define an exact pattern for the arrangement of group dwellings. Actual setbacks shall be established through PUD adoption and shall compliment adjacent development.
(5) Heights regulations. Heights of building and structures shall result in a development that will blend well with adjacent developments. Height standards for antenna and communication towers or electric transmission lines shall meet standards set in § 155.033
(G)(23) which are incorporated herein by reference as though fully set forth and are adopted as a portion of this subchapter.
(6) Open space. Common open space, varying in amount and location, shall be provided to offset any substantial dwelling unit density, building height or building setback within the districts:
(a) Dedication of the land as a public park or parkway system; or
(b) Granting to the City of Elephant Butte a permanent, open space easement on and over the private open spaces so that it remains perpetually in recreational use, with ownership and maintenance being the responsibility of Owners' Association established with articles of association by laws which are satisfactory to the City Council of the City of Elephant Butte.
(7) Streets, utilities, services, and public facilities. Because of the uniqueness of each PUD proposal, the specifications and standards for streets, utilities, services, and public facilities may be different from those normally required in the Subdivision Chapter and all subsequent amendments if it can be demonstrated by the applicant that the modification of specifications and standards will not adversely affect the interests of the general public. In addition, the PUD proposal shall illustrate how the streets, utilities, services, public facilities, and traffic circulation will function and serve the entire development. All proposals shall meet the applicable development standards in the Subdivision Chapter and all subsequent amendments unless otherwise justified by engineering analysis.
(8) Other information. Any other information that the Planning and Zoning Commission deems necessary to properly assess the request for the PUD district.
(D) Phasing plan and performance bonding. A phasing plan for any district within the PUD Overlay must identify the district and be submitted in accordance with the Subdivision Ordinance and all subsequent amendments. A performance bond executed by the developer and his or her surety company is required prior to construction.
(E) Flood hazard zone requirements.
(1) The maps used in identifying Flood Hazard Zones and in implementing the provisions of City of Elephant Butte Flood Control Chapter 153. shall be the Flood Insurance Rate Maps (FIRM) produced by the Federal Emergency Management Agency (FEMA) July 16, 1996, with any subsequent revisions, and any floodplain study accepted by the Sierra County Flood Commissioner.
(2) An approved development permit shall be required for all uses in a Flood Hazard Zone. Application for a Development Permit shall be submitted to the City of Elephant Butte Engineer for any and all development proposed within a Flood Hazard Zone (as identified above) in conformance with Chapter 153 and 154 of this Code of Ordinances.
(3) All other applicable City of Elephant Butte, state and federal permits are secured.
(F) Decisions and conditions.
(1) Approval. The PUD Overlay Zone request may be approved after a public hearing has been held where additional conditions may be imposed.
(2) Zoning permit. A zoning permit shall be issued only if the PUD district site and/or structure, for which the permit is to be issued, are in conformance with the approved development plan and only if all site and facility improvements are in place adjacent to and in front of the location of the building or structure.
(3) Term. An approved detailed district site development plan shall remain in effect for 1 year. If no construction has taken place within the area of the site plan, within 1 year, the owner/applicant shall re-submit the district site plan, or a revised district site plan for public hearings by the Planning and Zoning Commission for review and approval.
(G) Major and minor revisions to PUD District site plans.
(1) Minor revisions.
(a) A minor revision to a district site plan includes rearrangement of buildings, walks or parking and landscaped areas that do not affect the access points, internal or external traffic circulation; does not increase the number of parking spaces required; does not increase the number or size of buildings; does not affect the drainage and grading plans. The City Engineer may approve a minor revision of a district site plan.
(b) The approved revision to a district site plan shall be filed with the original site plan case file.
(2) Major revisions. A major revision is any change in land use or buildings use from the approved district site plan; any increase in the number of buildings, or number of parking spaces required; any change in access points; internal or external circulation; any increase in the amount of storm water drainage retention required; any change in grading that would affect drainage capacity or adjacent properties.
(a) The developer/owner shall submit 12 copies of the major revision to the Planning and Zoning Commission for review and approval.
(b) The approved revised site plan shall be placed in the PUD/site plan case file and a copy will be filed with the Sierra County Clerk.
(H) Finalization of development plan. Once the plan is finalized and the developer receives approval to begin construction, the development plan will become an ordinance for posting and passage by the City Council of the City of Elephant Butte. Any changes or corrections will be made as an amendment to the ordinance.
(Ord. 88, passed 2-3-2006)