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Integrated Development Regulations and Development Controls. Mixed Use Planned Unit Development The New Urbanism John Keller - 2003. From A One Trick Pony To Planning With Sophistication. PUD is an integrated, mixed use approach to physical development
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Planned Unit Development
The New Urbanism
John Keller - 2003
Legal Test of the First PUD Ordinance
In December of 1964 borough council began considering the passage of a new zoning ordinance to establish a PUD district in New Hope.
The PUD district had been under consideration by council for over six months
And had been specifically recommended by the borough planning commission, a body specially equipped to view proposed ordinances as they relate to the rest of the community
The court held that the board, within its sound discretion, could have concluded that council passed the ordinances with the proper overall considerations in mind.The Appeal
A PUD is a floating zone, but it is brought to earth by a specific ordinance upon application of the developer.
A PUD does allow development standards that are different than traditional zoning districts “but we think that the well reasoned discretion of the Borough is not abused by allowing innovative planning”The Spot Zone Question
One of the most attractive features of Planned Unit Development is its flexibility
The chance for the builder and the municipality to sit down together and tailor a development to meet the specific needs of the community and the requirements of the land on which it is to be built
This would be lost if the Legislature required exacting standards before any developer could happen upon the scene to tailor a specific agreement that meets the community’s needs.Ultra Vires Argument
Regional Shopping Center
The Planning Commission holds 5 separate hearings to review the Planned Unit and receive public input. It was bitter and divisive
Residents sued and the trial court set aside the tentative approval
The trial court\'s conclusion was that "the ordinance is invalid in that it does not provide for specific districts as required by the statutes and Constitution of this State.“
The court also found that the regional shopping center is invalid because it goes beyond what is necessary to serve the village’s residentsThe Previews
There was a slight miscalculation in determining the maximum area that could be used for commercial
The minimum open space calculation was less (slightly) than contemplate by the general PUD ordinance for Mt. Laurel
In other words, I don’t think the trial court liked anything about the PUD conceptThe Main Feature
The obvious advantage emanating from the use of P.U.D. is its flexibility in enabling a municipality to solve some of its existing zoning problems, and meet its future community needs with the land remaining for development
To require P.U.D. ordinances to establish specific districts wherein a P.U.D. may be authorized, would destroy the very purpose and philosophy for its creation.Appeal - N.J. Supreme Court
Again, we find the trial court took too narrow a view of the enabling statute. Such construction by the trial court would continue existing, and create additional, "Euclidean" zoning problems and nullify the legislative intent.
We construe the statute to authorize municipalities, where warranted, to permit commercial uses in a P.U.D. project beyond that needed for the residents within the planned community.
Municipalities, as part of their comprehensive zoning plans, may properly anticipate and provide for the present needs of the public now residing in the areas surrounding the planned community, as well as the reasonably foreseeable future needs of the public they anticipate will move into the area and require servicing.Serving Specific Needs
Found that the ordinance adequately meets the requirements on designation of required open spaces.
It is obvious that the Legislature gave municipalities the right to determine the extent of open space deemed desirable and necessary.
There is ample support in the record for the township\'s finding of fact that the open spaces designated in "Cross Keys" were adequate and reasonable.Miscalculation of Space & Standards
The developer purchases a 4 ½ tract acre and files a PUD for 2 a building development with with 28 d.u.’s
The tract was zoned low density R-1
Under the Longview ordinance, the city delegated to the planning commission the authority to approve an application for a PUD in the municipality
The ordinance contains no provision whereby the city council is required to approve or review the decision of the planning commission
After a public hearing by the planning commission, the PUD was approved.Lutz v City of Longview WA
Its clear that the Planning Commission, in most states, is given the total power to approve physical development – but not the rezoning
Does not the PUD as a floating zone involve a rezoning and thus the adoption of an ordinance?So, What’s The Big Deal?
The developer is not given carte blanche authority to make any use which would be permitted under traditional zoning
Under the Longview ordinance the PUD is not affixed, at the outset, to any particular area
Therefore, this device is a floating zone. It hovers over the entire municipality until subsequent action causes it to embrace an identified areaAppeals Court Analysis
Court holds that it is an act of rezoning which must be done by the city council because the council\'s zoning power comes from the statute and that is what the statute requires
It is inescapable that application of the PUD to this tract constituted an act of rezoning
Before the PUD was authorized, the tract here was limited to low density single family residences primarily
After authorization of the PUD the permitted use is the erection of two large buildings
One of them 55 feet high, consisting of 28 living units, containing 46,900 square feet
The change in permitted use is obvious.Findings
Only the legislative body is empowered to adopt a zoning map and ordinance. Obviously the state has vested the authority to zone and rezone solely in the city council
The City Council has no authority to delegate this power
Christians zero– Lions oneConclusion of Law
This contention is without merit. Spot zoning has come to mean arbitrary and unreasonable zoning action by which a smaller area is singled out of a larger area or district and specially zoned for a use classification totally different from and inconsistent with the classification of surrounding land, and not in accordance with the comprehensive plan.One Last Point – Spot Zoning Again