Zoneomics Logo
search icon

Bruceville Eddy City Zoning Code

§ 20

Planned Development District PDD.

20-100 
General purpose and description.
A. 
The Planned Development District, herein referred to as PDD, is a special zoning district category that provides an alternate approach to conventional land use controls. The PDD may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to a master design statement or a master development plan. The PDD is subject to special review procedures, and once approved by the City Council, it becomes a special zoning classification for the property it represents.
B. 
The intent and purpose of the planned unit development provisions are to:
1. 
Encourage innovative development while maintaining appropriate limitations on the character and intensity of use, assuring compatibility with adjoining and proximate properties, and following the guidelines of the Comprehensive Plan;
2. 
Permit flexibility and creativity within the development to maximize the unique physical features of the particular site;
3. 
Encourage efficient use of land, facilitate economic arrangement of buildings and circulations systems, and encourage diversified living environments and land uses; and
4. 
Achieve a continuity of function and design within the development and to encourage diversified living environments and land uses, including open space and common areas; and
5. 
Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development and protect the health, safety and welfare of the community.
C. 
The City Council, after public hearing and proper notice to all parties affected, may authorize the creation of a Planned Development District by ordinance.
D. 
The Planned Development District (PDD) is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, retail, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PDD district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Ordinance. While greater flexibility is given to allow special conditions or restrictions, which would not otherwise allow the development to occur, procedures, are established herein to ensure against misuse of increased flexibility.
[1]
Editor’s note–Renumbered for sequence.
20-101 
Permitted uses.
A. 
An application for a PDD district shall specify the base zoning district upon which the PDD is based, and the use or the combination of uses proposed (particularly if any of the proposed uses are not allowed by right in the base zoning district). In selecting a base zoning district, the uses allowed in the base district must be similar or compatible with those proposed for the PDD. PDD designations shall not be attached to CUP requirements. Conditional Use Permits allowed in a base zoning district are allowed in a PDD only if specifically identified at the time of PDD approval, and if specifically cited as an “additional use” (i.e., to those allowed by right in the base zoning district) in the ordinance establishing the PDD.
B. 
In the case of residential PDD districts for single-family or duplex categories, the proposed lot area shall be no smaller than the lot sizes allowed in the base zoning district except for minor changes in a small percentage of the lots in order to provide improved design or flexibility in the layout of the subdivision.
20-102 
Planned development district requirements.
A. 
Development requirements for each separate PDD district shall be set forth in the amending ordinance granting the PDD district and shall include, but may not be limited to: uses, density. lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the City Council may deem appropriate.
B. 
In the PDD, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The base zoning district shall be stated in the granting ordinance. All applications to the City shall list all requested deviations from the standard requirements set forth throughout this Ordinance (applications without this list will be considered incomplete) as may be amended. The PDD shall conform to all other regulations of the base zoning district, as well as all other applicable ordinance provisions, unless specifically changed or excluded in the ordinance establishing the PDD.
C. 
The ordinance granting a PDD shall include a statement as to the purpose and intent of the PDD granted therein. A specific list is required of modifications in each district or districts and general statement citing the reason for the PDD request.
D. 
The minimum acreage for a PDD request shall be one (1) acre.
E. 
In establishing a Planned Development District in accordance with this Ordinance, the City Council shall approve and file as part of the amending ordinance appropriate plans and standards for each PDD. To facilitate understanding of the request during the review and public hearing process, the concurrent submission of a Concept Plan for a proposed nonresidential, multifamily or manufactured home project, or a Land Study for a proposed residential (i.e., single- or two-family) project, shall be required along with the PDD zoning application. A detailed Site Plan may be submitted in lieu of the Concept Plan (or a Preliminary Plat in lieu of the Land Study) if the applicant prefers to do so.
F. 
Concept plan or land study -
This plan shall be submitted by the applicant at the time of the PDD request. The plan shall show the applicant’s intent for the use of the land within the proposed Planned Development District in a graphic manner and, as may be required, supported by written documentation of proposals and standards for development. The City may prepare application form(s) which further describe and explain the following requirements:
1. 
Residential land study -
A Land Study plan shall be submitted with any residential PDD zoning request for a development comprised of single-family (detached or attached) or two-family (duplex) dwellings on individually platted lots, and shall show general uses, phasing of the development, access, thoroughfares, alleys (if proposed), preliminary lot arrangements, proposed densities, proposed screening, landscaped or private amenity areas, project scheduling, and other pertinent development data. Application procedures and requirements for Land Studies shall be the same as those established for Concept Plans as set out in the City Subdivision regulations.
2. 
Nonresidential concept plan -
A Concept Plan shall be submitted with any nonresidential, multifamily, or manufactured home PDD zoning request, and shall clearly show all pertinent aspects of the type and nature of the proposed development. The Concept Plan shall show the types of use(s) proposed; access, topography and boundaries of the PDD area; existing physical features of the site; existing and proposed streets, alleys, easements and lot lines: location of existing or proposed public facilities; building heights and locations; parking areas and ratios; fire lanes; screening and landscaped areas; project phasing and scheduling; and other pertinent development data to adequately describe the proposed development.
a. 
A detailed Site Plan shall be submitted for approval (in accordance with Subsection B [G] below) within one (1) year from the approval date of the Concept Plan for all or some portion/lot of the Planned Development District covered by the overall Concept Plan.
b. 
If a detailed Site Plan is not submitted within one (1) year, then the Concept Plan may be subject to review by the City Council to determine its continued validity.
c. 
If the City determines that the Concept Plan is no longer valid or that the proposed development is no longer viable, then a new Concept Plan (along with a zoning application to amend the PDD Ordinance and its accompanying Concept Plan) must be submitted for review and approval prior to detailed Site Plan review/approval (and any subsequent issuance of a building permit) for any portion of the PDD.
G. 
Site plan (detailed) -
Submission and approval of the detailed Site Plan shall be in accordance with this Ordinance, and shall accompany an application for Planned Development District zoning if the applicant prefers to submit the detailed Site Plan in lieu of the required Concept Plan. The detailed Site Plan will establish the final plans for development of the Planned Development District (or any portion/lot thereon, and it shall substantially conform to the site layout and development data approved on the Concept Plan (adopted along with the PDD Ordinance). If a Concept Plan was previously approved for the overall PDD, then a detailed Site Plan (along with the required engineering/architectural site construction plans) may be submitted for only the sections/lots that are proposed for immediate development rather than for the entire PDD. If no Concept Plan was approved with the Ordinance establishing the PDD, then a detailed Site Plan (along with the required engineering/architectural site construction plans) must be submitted for the entire PDD, even though only portions of it are proposed for immediate development.
H. 
For any single- or two-family residential district (AG, UE, SF-1, SF-2, SF-3, MF-1, and MF-2), a Preliminary Plat shall qualify as the detailed Site Plan.
20-103 
Approval process and procedure.
A. 
The procedure for establishing a Planned Development District shall follow the procedures for zoning amendments as set forth in this Ordinance. This procedure shall be expanded to include concurrent consideration and approval (or denial) of the Concept Plan (or Land Study for a residential PDD) or the detailed Site Plan (or Preliminary Plat for a residential PDD), which is submitted along with the PDD zoning request application. The public hearings conducted for, and the subsequent actions taken upon, the PDD zoning request shall also include the accompanying Concept Plan/Land Study or detailed Site Plan/Preliminary Plat.
B. 
The Ordinance establishing the Planned Development District shall not be approved (or adopted) until the accompanying Concept Plan/Land Study or detailed Site Plan/Preliminary Plat is approved by the City Council, and until all other procedural requirements set forth in this Ordinance are satisfied.
C. 
When a zoning request for a Planned Development District is being considered, a written report from the City Secretary (or his/her designee) discussing the project’s impact upon planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire and traffic, as well as written comments from applicable public agencies (such as the school district and/or utility companies), may be submitted to the City Council.
D. 
All Planned Development Districts approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development Districts, showing the uses permitted and any other special stipulations of each PDD district, shall be maintained as part of this Ordinance.
[2]
Editor’s note–Renumbered for sequence.
(Ordinance 2003-9-4, sec. 20, adopted 9/4/03)