Draft MultiFamily PUD's

St Bernard Parish Council Meeting
Tuesday December 16, 2008 11AM

(Item # 41) An introduction of ordinance
Summary No. 2271 Introduced By: Lauga

An ordinance to amend Chapter 22, Zoning, Sec. 22-4 (District and land-use regulations) and Sec.22-5-7 (planned unit developments) (PUD) in the St. Bernard Parish Code of Ordinances.


Proposed District and land-use changes
Draft MultiFamily PUD's

Sec. 22-4. District and land-use regulations.
22-4-1.Establishment of districts. For the purpose of promoting the public health, safety,
morals and general welfare of the Parish of St. Bernard, Louisiana, said parish is hereby divided
into the following types of districts:
A-1 Rural District
R-1 Single-Family Residential District
R-1(MS) Residential District
R-1(M) Residential District
R-2 Two-Family Residential District
R-3 Multiple-Family Residential District (PUD approval required on Multi-family of 4 or more
units)
R-4 Mobile Home Trailer Parks
C-1 Neighborhood Commercial District
C-2 General Commercial District
C-3 Highway Commercial District
I-1 Light Industrial District
I-2 Heavy Industrial District


22-5-7.Planned unit developments (PUD). The following provisions shall apply to
planned unit developments in commercial districts and less restrictive zoning districts:

(a) PUD's Described: A planned unit development is where each owner owns as separate
property the land beneath the dwelling acquired by a fee simple title. Also, each unit owner is a
shareholder in a nonprofit, incorporated owners' association that holds title to the common
areas surrounding the dwelling units.

(b) Purpose: The purpose of the planned unit development (PUD) is to promote more
economical and efficient use of land, creative design, more orderly development of the parish,
improved living environments, and an improved level of amenities. It is further intended to
encourage flexibility in the design and development of land in order to promote an appropriate
use and harmonious variety of housing types, to facilitate the adequate and economical
provisions of streets and utilities; and to preserve the natural and scenic qualities of open areas.

(c) Permitted Uses: The following uses permitted in the planned unit development upon the
approval of the Parish Council:
(1) Single-family dwellings including cluster homes.
(2) Two-family dwellings or duplexes.
(3) Multiple-family dwellings, townhouses, garden apartments, etc.
(4) Private clubs, community centers, civic and social or organization facilities.
(5) Parks, playgrounds, golf courses, tennis and racquet clubs.
(6) Public utility buildings, structures and facilities necessary to service the surrounding
neighborhood.
(7) Houses of worship, schools, nursing homes, child care centers, hospitals.
(8) In the case of a Planned Unit Development, the Planning and Zoning Commission,
after holding a Public Hearing, may recommend and the Parish Council my authorize
that there be in part of the area of such development and for the duration of such
development, specified uses not permitted by the use regulations of the district in which
said development is located, provided the Planning and Zoning Commission shall find:
1. That the uses permitted by such exception are reasonable or desirable and are
appropriate with respect to the private purpose of the development.
2. That the uses permitted by such exception are not as such a nature or so located
as to exercise a detrimental influence on the surrounding neighborhood.
3. Providing the above conditions are met, the Parish Council shall have the power
to grant exceptions to the following:
a. Yard Requirements.
b. Lot Area.
c. Use requirements.
(9) Adult book/video stores, massage parlors, pain management clinics and truck stops
with video poker machines are not permitted uses under the provisions of this section.

(d) Location Standards: In determining recommendations and making a decision as to
approval of the PUD, the planning commission and Parish Council shall apply the following
locational standards:
(1) Physical characters of the site. The site shall be suitable for development in the
manner proposed without hazard to persons on or off the tract from probability of
flooding, erosion or other damage; the condition of soil, groundwater level, drainage and
topography shall all be appropriate to both kind and patterns of use intended. Such
determination shall be made by the department of engineering.
(2) Relation to major transportation facilities. PUD's shall be so located with respect to
arterial streets, highways, collector streets, or other transportation facilities as to provide
direct access to such PUD's without creating or generating traffic along minor streets in
residential areas or districts outside the PUD.

(e) Internal PUD Parameters:
The following parameters apply within a PUD:
(1) Access. Every dwelling unit or other use permitted in the PUD shall have access to
a public street either directly or via an approved private road, pedestrian way, court or
other area dedicated to public or private use, or common element guaranteeing access.
Permitted uses may not be required to front a dedicated public road.
(2) Lot sizes. Lot sizes conform to the requirements set forth for multifamily dwellings.
(3) Parking requirements. Parking spaces shall be a minimum of 8.5 ftx 16.0 ft (to the
tire stop) 18 ft overall. Every dwelling unit shall have two (2) parking spaces.
(4) Useable open space requirements. Useable space shall include active and passive
recreation areas, such as playgrounds, golf courses, beach frontage waterways,
lagoons, floodplains, nature trails, and other similar open spaces. Open water bodies
beyond the perimeter of the site and street right-of-way, driveways, and parking areas
shall not be included in determining useable open space. Yards and spacing within
individually owned lots shall not be included in determining useable open space.
However, such area commonly owned shall be considered open space. Minimum Open
Space (lot area not covered by structures, parking or drives)- Minimum ratio of .01 acre
of open space for each unit shall be provided. Open space shall be 25% of total net
floor area and have a minimum dimension of 25 ft. Required perimeter landscaping and
perimeter yards will count toward open space.
(5) Maintenance of common areas. Prior to final approval the continued maintenance of
all common areas, including open spaces etc., shall be established and submitted to the
police jury. The submission may include agreements, contracts, deed restrictions,
sureties or other legal instruments to guarantee the installation and continued
maintenance of such common areas and facilities.
(6) Sewerage disposal. Central sewerage systems shall be provided to all structures in
this district.
(7) Water system. Central water system to provide adequate fire protection shall be
provided to all structures in this district.
(8) Minimum Living Area- 1 Bedroom – minimum floor area of 700 square feet, 2
Bedroom – minimum floor area of 900 square feet, 3 Bedroom – minimum floor area of
1,000 square feet. Minimum ceiling height in the units shall be 9.0 feet.
(9) Enhanced Entrances - Perimeter fence with controlled access gates at all
entrances is required for all developments. Fence shall be six foot in height and shall be
brick/masonry, wrought iron, or treated wood.
(10) Lighting - Site lighting shall provide a minimum foot candle level as specified by
the most current edition of the Illuminating Engineering Society (IES) Lighting
Handbook. Lighting shall be designed to reduce glare and light pollution through the use
of full cutoff (Dark Sky compliant) light fixtures. Lighting levels at the property line should
not exceed 0.5 foot candles.
(11) Disposal/Outside Storage - All refuse facilities shall be screened on three sides by
an eight foot masonry wall.
(12) Roof Pitch - Roof articulation and/or the traditional roof forms including, but not
limited to: gables, hips or dormers shall be incorporated by change in plane of no less
than 2’6”, a minimum of every 60 feet; single story portions shall have a minimum of 4:12
roof pitch. Flat roofs and wood shingles are prohibited. Roof material shall be a
minimum of 30-year warranty product.
(13) Building Scale/Architecture - Developments containing buildings with three or more
attached dwellings shall provide a variety of building types, number of dwellings within a
building, and public spaces. Building types shall incorporate a minimum of three
architectural elements. Architectural elements may include, but are not limited to: bay
windows, covered balconies, porches, varied building materials, two-foot minimum
offsets in the facade, varied roof heights, varied roof pitches, chimney masses, and
canopies. Buildings over 175’ in length shall have either a minimum of two 10’ facade
offsets or a variety of building heights to scale down the bulkiness of large buildings.
Patios and balconies shall be a minimum of 40 square feet with a minimum narrow width
of five feet and are to remain open and unenclosed other than handrails and fences.
(14) Access and Internal Circulation - Emphasis placed on efficient internal circulation
with access designed to discourage traffic into an adjacent residential neighborhood;
traffic calming methods should be employed where necessary. Internal driveways should
be designed for slow speeds and should be a maximum of 500 feet in a straight length
without an offset of 30 feet, unless approved by Building Official.
(15) Landscaping - Landscaping shall provide a minimum of one 2-inch caliper tree per
each dwelling unit, and no less than 60% of each building foundation perimeter must be
landscaped.
(16) Internal Pathways - Developments should be designed for internal pedestrian
activity. Sidewalks, crosswalks, trails, and bridges should be provided to separate
pedestrians from vehicles. Trails and walkways should be provided in various open
spaces to connect to other neighborhoods and community areas.
(17) Utilities - All lines for communication or for transmission of signal or current shall
be placed underground. Community use satellite television reception dishes and roofmounted
equipment shall be integrated into the building design and screened on all
sides of the building in materials similar to the facade. (This does not apply to personal
satellite dishes.) Individual window air conditioning units are prohibited.
(18) Exterior materials - Developments shall be 100% masonry (brick, stone, stucco,
and/or fiber-cement siding). Residential structures designed with sustainable materials
that reflect the historical architecture of the region may be used on some forms of low
density housing pending Parish Council approval. Balconies, stairways, landings and
primary walkways shall be covered.
(19) On-site Management - Assurance shall be provided of on-site management and
the existence of an annual maintenance fund. An on-site management office separate
from the residential units is required for all properties with ten or more units.
Management personnel must be present during business hours. The property must
provide to all tenants a telephone number that will be answered 24 hours a day for the
purpose of reporting emergencies. All properties of ten units or more must use the
National Apartment Association lease contract form.
(20) Building Scale and Architecture - Developments should, if at all possible, resemble
the most desirable character of the neighborhood and use similar building character,
facades, and materials to fit neighborhood fabric and promote creative building location.
Maximum building height shall be limited to three stories.
(21) Environmental Performance - All appliances including refrigerators and
dishwashers, and HVAC shall be energy-star rated.
(22) Recreational Facilities - Developments with over 50 units should include a
minimum of three amenities. Amenities may include, but are not limited to, exercise
facility, improved picnic areas, playground, sport courts and fields (volleyball, baseball,
soccer, tennis, etc.) and swimming pools.

(f) Procedure and Requirements for Plan Approval:
1. Application for Approval. An application for approval of a Planned Unit
Development shall be filed with the Planning Department and shall contain the
following:
a. Interest and Ownership. The applicant's name, address and interest in the
application, and the name, address and interest of every person, firm or
corporation represented by the applicant in the application; the
concurrence of the owner or owners of the entire land area included in the
special plan and all encumbrancers of such land; and sufficient evidence
to establish that the applicants are all the owners and encumbrancers of
the designated land area, intent actually to develop the designated area,
and have both the means and ability to do so.
2. Plans for Building Development. Plans showing the land area included within the
special plan, with the boundaries and dimensions and present zoning
classification of the area, the adjoining properties and the present zoning
classification thereof, all public private easements and rights-of-way, both
existing and proposed, within or bounding the designated area and the adjoining
properties, the location of buildings and the use of the land on adjoining
properties, necessary finished grades, curb cuts, driveway, off street parking
areas, off street loading areas, walks, open areas to be set aside for special
purposes, the location and height of proposed walls, fences, and screen planting,
the types of paving or other surfacing to be used in the various areas, and such
other site information as may be necessary to describe completely the proposed
building developments.
3. Site Plan and Improvements. A special plan for a building development shall
show, and there shall be provided, the following:
a. Drainage. Adequate facilities for the drainage of surface water, including
storm sewers, gutters, paving and the proper design of finished grades,
when requested by the Planning Director.
b. Ingress and Egress. Adequate facilities for the same and convenient
circulation of pedestrian and vehicular traffic, including walks, driveways,
off-street parking areas, off-street loading areas, and landscaped
separation spaces between pedestrian and vehicular ways.
c. Play Area. In dwelling business developments, adequate and safely
located play areas for small children.
d. Protection of Residence District. In business building developments near
or adjoining residence districts, adequate provision (including fences,
walls and/or planting) to screen and protect the residence districts from
parking lot illumination, headlights, fumes, heat, noise, blowing papers,
and dust, and the visual encroachment of commercial activity on the
privacy and neighborhood character of the residence district.
e. A landscaping plan of the entire project must be provided showing
individual plants and vegetation types.
f. Location of all garbage, trash and/or dumpster location shall be shown
and shall be properly screened from view.
g. Formation of Incorporate Non-Profit Association (when applicable and/or
when required by the Parish Council as part of a PUD). When the
formation of an Incorporate Non-Profit Association is part of a PUD the
developer shall:
1. Create an incorporate non-profit automatic homes association,
which assures exterior maintenance of each unit and the common
areas.
2. Record covenants which automatically make every lot owner an
association member, give him the right to use the common
property, and establish his voting rights in the association and his
obligation to pay its assessments.
4. Administrative Examination. Upon receipt of an acceptable application for
approval of a Planned Unit Development, properly and completely made out as
listed herein, the Planning Department shall examine the application and make
such investigation as is necessary. Within thirty (30) days of the receipt of an
application, the Planning Department shall transmit the application together with
its report and recommendation to the Planning Commission. The Planning
Department may also transmit a copy of the application to any department or
agency, which might be affected by the approval of the application, and such
department or agency may transmit its report and recommendation to the
Planning Commission.
5. Compliance with State Laws. Planned Unit Developments must comply with the
applicable State Laws L.R.S. 9:1121 et sec. entitled "Horizontal Property Act".
6. Review by Planning Commission. The Planning Commission shall hold a Public
Hearing concerning the Planned Unit Development in accordance with the
provisions of Section XXXXX of this ordinance and shall review each application
and shall approve or disapprove the special plan; approval may establish
conditions and limitations, which may include a performance bond. The Planning
Commission shall then, within thirty (30) days, return the application, together
with its report of approval or disapproval to the Planning Department; the
Planning Department shall notify the applicant of the approval or disapproval of
the PUD by the Planning Commission.
7. Presentation of Planned Unit Development to the Parish Council upon action
taken by the Planning Commission, the plan shall be presented to the Parish
Council for final action. Action by Yea or Nay vote shall be taken within sixty (60)
days after being submitted to the Parish Council. If the Council fails to vote within
the sixty (60) day period, the time for Council action on the PUD will have
prescribed and the PUD application will have failed. The one (1) year limitation
period as provided for in Section XXXX shall be in effect from the prescription
date.
8. Registration of Planned Unit Development. Upon approval of a Planned Unit
Development, a copy of such plan shall be registered among the records of the
Planning Department and shall thereafter be binding upon the applicants, their
heirs, successors, and assigns; shall limit and control, the issuance and validity
of permits and certificates, and shall restrict and limit the use and operation of all
land and structures within the area designated in such Planned Unit
Development and approval thereof; provided, however, that the Department of
Public Works may, upon a showing of engineering necessity thereof, permit
minor changes in the location of structure and site improvements if such minor
changes will not change the character of the development, increase the gross
floor area, intensity of use, or ground coverage, reduce the total building site
area, the space between buildings or the ratio of off street parking area and off
street loading area to gross floor area, or gross floor area, or otherwise cause the
Planned Unit Development to fail to meet the conditions specified herein.
9. Amendment or withdrawal of Planned Unit Development. Pursuant to the same
Procedure and subject to the same limitations and requirements by which the
Planned Unit Development was approved and registered, any Planned Unit
Development may be amended or withdrawn, either partially or completely, if all
land and structures remaining under such Planned Unit Development comply
with all the conditions and limitations of the Planned Unit Development and all
land and structures withdrawn from such Planned Unit Development comply with
all regulations established by this ordinance and unrelated to the Planned Unit
Development.
10. Fees. Before any action shall be taken as provided in this section, the party or
parties proposing or recommending the Planned Unit Development shall deposit
with the City Clerk, three hundred dollars ($300) for all land or portion thereof
included in the Planned Unit Development up to two (2) acres and an additional
one hundred twenty-five dollars ($125) per acre for all over two (2) acres. These
fees are to cover the appropriate cost of this procedure, and under no condition
shall such sum or any part thereof be refunded for failure of such Planned Unit
Development to be adopted by the Parish Council. The maximum fee required
shall not exceed five thousand dollars ($5000) for Planned Unit Developments or
amendments to Planned Unit Developments to cover the approximate cost of this
procedure.
11. One Year Limitation. Whenever a Planned Unit Development is filed with the
Planning Department, and has been finally acted on by the City Council in
accordance with the above outlined procedure, then the Planning Commission
and the Parish Council shall not consider the identical Planned Unit
Development, for the same property, within a period of one calendar year from
the date of the Parish Council’s final action on said planned unit development.

(g) Variations and Exceptions. Whenever the tract to be subdivided is of such unusual size or
shape or is surrounded by such development of unusual conditions that the strict application of
the requirements contained in these regulations would result in real difficulties and substantial
hardships or injustices, the Commission may vary or modify such requirements, so that the
subdivider is allowed to develop his property in a reasonable manner, but so that, at the same
time, the public welfare and interest of the City are protected and the general intent and spirit of these regulations are preserved.

(h) Binding nature of approval for PUD. All application information, terms, conditions,
safeguards and stipulations made at the time of approval for PUD shall be binding upon the
applicant or any successors in interest. Deviations from approved plans or failure to maintain
any requirements, conditions or safeguards shall constitute a violation of the conditions of the
PUD. If any violation of the PUD occurs, the owner shall be notified by mail of the violation(s)
and shall have (30) thirty calendar days to correct any violation(s). If the owner does not correct all violation(s) within (30) days, the PUD shall be revoked.

(i) Appeals. Any affected party who feels aggrieved by the proposed changes either major or
minor may petition for appeal before the police jury within fifteen (15) days of the enactment of
said changes.