Subject: 10322/Amend PUD Regs. Date: Tue, 24 Apr 1990 11:55:00 -0500 ORDINANCE NO. 10322 AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS TO AMEND THE PUD REGULATIONS. ____________________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Ordinance No. 6958, as amended, the Zoning Ordinance, be and the same is hereby amended as follows: SECTION 1. From Article V, delete Section 1202 and substitute the following: A PUD may be located in any residential zone, the R-4 Special Zone and in commercial zones in which dwellings are permitted. SECTION 2. From Article V, Section 1204 delete subsection (2) and substitute the following: (2) The minimum development site for a PUD shall be two (2) acres. SECTION 3. From Article V, Section 1204 delete subsection (3) and substitute the following: (3) No free-standing building shall be closer to any other free-standing building than ten (10) feet and no closer than twenty-five feet to the exterior property line. 0C SECTION 4. From Article V, Section 1206, delete subsections (1) and (2) and substitute the following: (1) A PUD will be shown on the zoning map when the Final PUD Plan has been approved by the City Council and recorded in the Office of the County Register. (2) In addition, a PUD to be located in an R-3 or R-4 zone shall be: (a) located along, or within 500 feet of a major street of at least collector status as shown on Major Street Plan as adopted by the Planning Commission, provided access to said street is approved by the City Traffic Engineer; and (b) located and situated to be in accord with the General Plan and the Transportation Plan. SECTION 5. From Article V, delete Section 1209 and substitute the following: 1209. Permitted Density: (1) The maximum number of dwelling units in a PUD to be located in an R-1 Residential Zone shall be computed by multiplying the gross acreage to be developed by 5, excluding any area to be developed as a church or school. (2) The maximum number of dwelling units of a PUD to be located in R-3, R-4, or any commercial zone in which dwellings are permitted shall be computed by multiplying the gross acreage to be developed by 24, excluding any area to be developed as a church or school. (3) The maximum number of dwelling units of a PUD to be located in all other residential zones shall be computed by multiplying the gross acreage to be developed by 8, excluding any area to be developed as a church or school. (4) Where zone boundaries for two or more residential zones divide one tract of land proposed for a PUD, the maximum number of dwelling units shall be computed by multiplying the gross acreage within each zone by the densities given above, and adding the numbers for the whole tract. The allowed maximum number of dwelling units may be located anywhere within the tract, in accordance with the regulations of this ordinance. SECTION 6. From Article V, Section 1212, delete subsection (2) in its entirety and substitute the following in lieu thereof: (2) Minor Changes in the Planned Unit Development Plan may be approved by the Planning Commission staff. A minor change is any change that is not found in the following list of major changes: (a) Any increase in density; (b) Any change in the outside (exterior) boundaries; (c) Any significant change in land use classification; (d) Any significant change in the location or amount of land devoted to a specific land use; (e) Any significant change in the exterior appearance from what is shown on any plans submitted or presented by the developer. (3) All changes to the PUD Plan, minor or major, shall be recorded. SECTION 7. From Article V, Section 1213, delete subsection (6) in its entirety and substitute the following in lieu thereof: (6) Upon approval or approval with conditions of the Preliminary PUD Plan by the City Council by resolution, the developer may then complete a Final PUD Plan for review by the staff of the Chattanooga-Hamilton County Regional Planning Commission. At the discretion of the developer, the PUD Plan may be submitted as a Preliminary and Final together. The Plan will follow the same review procedure as for a preliminary plan except that the plan shall be in final form with all necessary information on the plan required for final review. The plan may then be approved as a final with only one submittal for action by the City Council. The Final PUD Plan if submitted separately and after approval of a Preliminary PUD Plan shall substantially conform to the Preliminary PUD Plan and shall include all of the items as may be required according to the procedures adopted and published by the Chattanooga-Hamilton County Regional Planning Commission. When a Final PUD Plan is approved or approved with conditions by the staff of the Chattanooga-Hamilton County Regional Planning Commission, it shall be submitted to the City Council. After notice and publication as provided in Article XI, Section 101, the City Council shall hold a public hearing to review the Final PUD Plan and to take legislative action. Final legislative action on a change on zoning in conjunction with a PUD Plan is contingent on a favorable review of the Final PUD Plan by the City Council. The Council, by resolution, may approve or approve with conditions, the Final PUD Plan and authorize the issuance of a special Exceptions Permit based on this Plan. A copy of the Final PUD Plan shall be attached to the resolution as an exhibit. SECTION 8. From Article V, Section 1213, delete subsection (8) and substitute following: (8) Any Special Exceptions Permit issued on the basis of a Final PUD Plan or Preliminary and Final PUD Plan together shall expire twenty-four (24) months from and after its approval if said Plan has not been recorded in the Office of the County Register. If the Special Exceptions Permit expires prior to recording of the Final PUD Plan or Preliminary and Final PUD Plan, the City Council may grant an extension for an additional period not to exceed one (1) year. SECTION 9. From Article V, Section 1213 delete subsection (9) and substitute the following: (9) A Special Exceptions Permit may be revoked by the city Council upon written report by the Chief Building Official that the PUD is not being constructed in conformance with the Plan as recorded. If the Special Exceptions Permit shall expire or is revoked by resolution of the city Council, no other building permit shall be issued for any construction whatsoever upon the land area covered by the PUD Plan until a decision is made by the city Council as to whether such land area, or any part thereof, shall be rezoned; and if the decision is that it should be rezoned, then no building permit shall be issued until such rezoning is finally effectuated by ordinance. If the Special Exceptions Permit is revoked, the Chief Building Official shall have the responsibility for notifying the staff of the Planning Commission. The Building Official, after having given said notice, may thereafter upon proper application issue building permits for construction upon said land area consistent with the then prevailing or existing zoning on such land. SECTION 10. From Article V, Section 1213, delete subsection (10) and substitute the following: (10) No building permit shall be granted until after issuance of the Special Exceptions Permit and the recording of the Final PUD Plan in the Office of the County Register. There shall be no start of construction prior to recording of the Final PUD Plan. The Chief Building Official shall revoke any building permit issued in reliance upon said Plan, as finally approved, at such time as it reasonably appears that such Plan is not being complied with; and notice thereof shall be given to the staff of the Chattanooga-hamilton County Regional Planning Commission. During such time as a Final PUD Plan is in effect, no building permit for any other construction purpose not in accordance with such plan shall be issue. SECTION 11. From Article V, Section 1311, delete subsection (2) in its entirety and substitute the following in lieu thereof: (2) Minor changes in the Institutional Planned Unit Development Plan may be approved by the Planning Commission staff. A minor change is any change that is not found in the following list of major changes: (a) Any increase in density; (b) Any change in the outside (exterior) boundaries; (c) Any significant change in land use classification; (d) Any significant change in the location or amount of land devoted to a specific land use; (e) Any significant change in the exterior appearance from what is shown on any plans submitted or presented by the developer. SECTION 12. From Article V, Section 1312, delete subsection (6) in its entirety and substitute the following in lieu thereof: (6) Upon approval or approval with conditions of the Institutional Preliminary PUD Plan by the City Council by resolution, the developer may then complete a Final PUD Plan for review by the staff of the Chattanooga-Hamilton County Regional Planning Commission. At the discretion of the developer, the PUD Plan may be submitted as a Preliminary and Final together. The Plan will follow the same review procedure as for a preliminary plan except that the plan shall be in final form with all necessary information on the plan required for final review. The plan may then be approved as a final with only one submittal for action by the City Council. The Final Institutional PUD Plan if submitted separately and after approval of a Preliminary Institutional PUD Plan shall substantially conform to the Preliminary Institutional PUD Plan and shall include all of the items as may be required according to the procedures adopted and published by the Chattanooga-Hamilton County Regional Planning Commission. When a Final Institutional PUD Plan is approved or approved with conditions by the staff of the Chattanooga-Hamilton County Regional Planning Commission, it shall be submitted to the City Council. After notice and publication as provided in Article XI, Section 101, the City Council shall hold a public hearing to review the Final Institutional PUD Plan and to take legislative action. Final legislative action on a change on zoning in conjunction with a Institutional PUD Plan is contingent on a favorable review of the Final Institutional PUD Plan by the City Council. The Council, by resolution, may approve or approve with conditions, the Final Institutional PUD Plan and authorize the issuance of a special Exceptions Permit based on this Plan. A copy of the Final Institutional PUD Plan shall be attached to the resolution as an exhibit. SECTION 13. From Article V, Section 1312 delete subsection (7) and substitute the following: (7) Building Permits: No building permits shall be issued until after approval of the Special Exceptions Permit issued on the basis of the Final Institutional PUD Plan or Preliminary and Final Plan together by the City Council. The Chief Building Official shall revoke any permit issued in reliance upon said plan, as finally approved at such time as it reasonably appears that such plan is not being complied with; and notice thereof shall be given to the staff of the Chattanooga-Hamilton County Regional Planning Commission. During such time as a Final Institutional PUD Plan is in effect, no building permit for any other construction purpose not in accordance with such plan shall be issued. SECTION 14. From Article V, Section 1312 delete subsection (8) and substitute the following: (8) Approval of the Preliminary PUD Plan shall expire twelve (12) months from and after its approval by the Planning Commission or the City Council, whichever is later. Any Special Exception Permit issued on the basis of an approved Final Institutional PUD Plan or Preliminary and Final submitted together shall expire twelve (12) months from and after its issuance if the development, as planned, has not been adhered to, provided, however, that the good cause shown said Special Exception Permit may be extended by the City Council for additional periods not to exceed one (1) year. SECTION 15. From Article V, Section 1312 delete subsection (9) and substitute the following: (9) If the Special Exceptions Permit is revoked, or expires, the Chief Building Official shall have the responsibility for notifying the staff of the Planning Commission. The Building Official may thereafter upon proper application issue building permits for construction upon said land area consistent with the then prevailing or existing zoning on such land. SECTION 16. BE IT FURTHER ORDAINED that this Ordinance shall take effect two weeks from and after its passage as required by law. PASSED on Third and Final Reading October 24, 1995. s/s_______________________________ CHAIRPERSON APPROVED: __X___ DISAPPROVED:_____ DATE:___________ ___, 1995. s/s______________________________ MAYOR RHRH:meb