The intent of this chapter in establishing the PD Planned Development Districts is as follows:

(1)

To create new planned development districts for specialized purposes where tracts are suitable in location, area and character for development on a unified basis. This suitability shall be determined primarily by reference to the comprehensive development plan, with due consideration given to the existing and prospective character of surrounding development.

(2)

To relate the general development pattern and objectives of the comprehensive development plan so as to provide for the comfort and convenience of occupants and facilitate protection of the character of surrounding neighborhoods.

(3)

To reduce automotive traffic congestion by a reasonably close relationship between origins and destinations of persons living, working or visiting in such development.

(4)

To relate by physical proximity, major street networks, or by mass transit, housing, commercial and service facilities and principal places of employment.

(5)

To promote economical and efficient land use, an improved level of amenities, appropriate and harmonious variety, creative design and a better environment for both large-scale and smaller developments.

(Code 1977, § 16-19.001)

For purposes of these regulations, a planned development is:

(a)

Land under unified control, to be planned and developed as a whole;

(b)

In a single development operation or a definitely programmed series of development operations, including all land and buildings;

(c)

For principal and accessory structures and uses substantially related to the character and purposes of the district;

(d)

According to comprehensive and detailed plans which include not only streets, utilities, lots or building sites and the like, but also site plans, for all buildings to be constructed;

(e)

With a program for provision, operation and maintenance of such areas, facilities and improvements proposed for common use by some or all of the occupants of the district, but will not be provided, operated or maintained at general public expense.

(Code 1977, § 16-19.002)

The planned development regulations which follow shall apply generally to the initiation and regulation of all planned development districts. Where there are conflicts between the special PD regulations herein and subdivision, or other regulations or requirements, these regulations shall apply in PD districts.

(Code 1977, § 16-19.003)

(1)

Planned development districts may hereafter be established by amendment to the official zoning map and related amendatory action where tracts suitable in location and character for the uses and structures proposed are to be planned and developed on a unified basis, according to the requirements and procedures set forth herein.

(2)

PD districts shall be appropriately located with respect to intended functions, to the pattern and timing of development existing or proposed in the comprehensive development plan, and to all necessary public and private facilities which must be existing or clearly be available by the time the development reaches the stage where they will be needed. All requirements specified in Chapter 27, "Amendments," shall be met, as well as the following specific requirements.

(3)

PD districts, other than PD-H on five (5) acres or less, shall be so located with respect to expressways, arterial and collector streets or mass transit facilities, and shall be so designed as to provide direct access to such districts without creating traffic along minor streets in residential neighborhoods outside the planned development district.

(Code 1977, § 16-19.004)

(1)

Site Development Requirements:

(a)

The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, subsidence or slipping of the soil, or other dangers, annoyances or inconveniences. Condition of soil groundwater level, drainage and topography shall be appropriate to both kind and pattern of use intended.

(b)

If appropriate to the form of planned development, land to be included in PD districts may be divided by streets, alleys, rights-of-way or easements, but shall be so located, dimensioned and arranged as to permit unified planning and development and to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas.

(2)

Applications; Materials To Be Submitted: Applications for PD amendments shall be submitted as for other amendments. Material submitted with the application or on subsequent request by the bureau of planning shall include plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case and to include the items designated below and with sufficient copies for necessary referrals and records, as provided in the rules of the bureau.

(a)

Location of tract or parcel by vicinity map at a scale of not less than one (1) inch equals 2000 feet, and landmarks sufficient to property identify the location of the property.

(b)

An accurate and current boundary survey of the tract by a registered surveyor or professional engineer.

(c)

Existing and proposed roads, indicating rights-of-way, easements and utilities; watercourses and their names; present use of any structure.

(d)

Location of ingress and egress to the site with dimensions.

(e)

Existing topography accurately shown with a maximum of five-foot contour intervals at a scale of not less than 50 feet to the inch. Other maximum intervals may be required by the bureau of planning where topographic considerations warrant.

(f)

Floodplain limits as adopted by the City of Atlanta.

(g)

A report identifying all property owners within the area of the proposed district giving evidence of unified control of its entire area. The report shall state agreement of all present property owners and/or their prospective successors in title to proceed with the proposed development according to the regulations in effect when the map amendment creating the PD district is passed, with such modifications as are set by the council in the course of such action.

(h)

A report establishing a program for guaranteeing maintenance of all common areas, including open space and streets, through condominium association, homeowner association, bonding or other protective maintenance guarantees.

(3)

Preliminary Review of Application as Submitted: On receipt of the application and preliminary concept plan and detailed proposals as indicated above, the director, bureau of planning shall cause a study to be made by qualified representatives of the bureau of planning and such other agencies or officials as appear appropriate in the circumstances of the case to determine conformity with the comprehensive development plan, and to zoning and other regulations applicable in the case.

(4)

Preliminary Conferences With Applicants: Following such study, unless complete conformity is found, the applicant shall be notified in writing of discrepancies, and of the willingness of the bureau to confer for the purpose of assisting him in bringing the material submitted as nearly as possible into conformity with requirements and/or to define specifically modification of regulations or of the comprehensive development plan which seems justified in view of equivalent service of public purposes by the proposal.

If the applicant does not desire to participate in such conferences, the bureau shall base its report to the zoning review board and council on the application as received.

If the applicant joins in such a conference, changes may be made in the original proposal, further conferences may be held, and additional material may be requested to guide in determinations.

In the course of such preliminary conferences, any recommendations for changes shall be recorded in writing, with reasons therefor, and shall be transmitted to the zoning review board.

(5)

Bureau of Planning Recommendations: The planning bureau shall process applications for planned development as any other zoning amendment, and the findings of fact shall address the following:

(a)

The suitability of the tract for the general type of PD zoning proposed, physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development.

(b)

The relationship to major roads and mass transit facilities, utilities and other facilities and services when so required.

(c)

The evidence of unified control.

(d)

The suitability of plans proposed or the desirability of amendments.

(e)

The desirable specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the particular case by demonstration that the public purposes of PD or other regulations would be met to at least an equivalent degree by such modifications.

(f)

The suitability of a program of maintenance for any common area.

Based on such findings, the bureau of planning shall recommend approval of the PD amendment as proposed, approval conditional on stipulated modifications, or disapproval, with recorded reasons therefor.

(6)

Actions by Zoning Review Board; Council: Actions by the zoning review board and the council shall be as provided for amendments generally. The zoning review board may recommend the application in accord with PD and other regulations applicable, may include recommended modifications of PD or other applicable regulations as provided in subsection (5)(e) above, or may recommend denial of the application.

If the amendment is granted, the council shall, in its amending action, approve the development concept plan or indicate required modifications; and such approved plan, with required modifications, if any, shall be binding in determinations concerning final development plans.

If the planned development district is granted, the development shall be required to be in accord with final development plans meeting the requirements of these and other regulations, as modified by the council in the case of an amending action, and shall conform to any time limitations established by the council on beginning and completion of the development as a whole, or in specified stages.

(7)

Bureau of Planning Action:

(a)

Approval of final plans: After a PD district has been established, no building permit shall be issued therein unless and until the bureau of planning has approved final plans and reports for the development as a whole or stages or portions thereof deemed satisfactory in relation to the total development. The form and content of such final plans and reports shall be as prescribed in zoning, subdivision regulations, or other regulations, generally or for particular PD districts, and in the rules of the bureau of planning and other affected agencies.

Approval of final plans and reports shall be based on compliance with regulations applying at the time the land was zoned to PD status, including such specific modifications as were made by the council in its amending action.

Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order and location in which building permits are to be issued in the particular PD district shall be observed. Except as provided below, final plans and reports approved shall be binding on the applicants and any successors in title so long as PD zoning applies to the land.

(b)

Bureau of planning action on modification of final plans: Changes in approved final plans may be permitted by the bureau of planning on applications by the original applicant or successors in interest, but only upon making a finding that such changes are:

a.

In accord with all applicable regulations in effect at the time of the amendment creating the PD district as modified in the amending action; or

b.

In accord with all applicable regulations currently in effect, without modification; and

c.

In accord with the approved development concept plan, including any required modifications.

Changes other than as indicated above shall be made only by new PD or other amendments.

(c)

Final plan approval is an administrative action: Final plan approval is an administrative action. No public notice or hearing is required in connection with approval proceedings on final plans or changes in approved plans by the bureau of planning.

(8)

Expiration of Time Limits on PD Amendments: If actions required in any amendment establishing a PD district are not taken within any time limits set, the bureau of planning shall review the circumstances and recommend to the zoning review board and council:

(a)

That PD zoning for the entire area be continued with revised time limits; or

(b)

That PD zoning be continued for part of the area, with or without revised time limits, and the remainder rezoned to an appropriate category; or

(c)

That the entire district be rezoned from PD to an appropriate category.

(Code 1977, § 16-19.005)