The purpose of the Planned Development Zoning District is to encourage innovative approaches to site planning and land development. A planned development ("PD") is a professionally planned residential or commercial district or an integration of such uses fostering design flexibility and diversity. PDs are intended to achieve economies in land use, public improvements and services delivery while preserving open space and protecting natural areas. The PD encourages large scale, unified development of compatible land uses, accessed by intermodal circulation systems.

Two (2) types of Planned Development Districts accommodating primarily residential or nonresidential uses are created as follows:

1.

PD-R Planned Development Residential: The PD-R District is intended to accommodate primarily residential uses, with nonresidential uses integrated into the design of such districts as secondary uses.

2.

PD-C Planned Development Commercial: The PD-C District is intended to accommodate primarily nonresidential uses, with residential uses integrated into the design of such districts as secondary uses.

A.

Any property meeting the standards of this Article may be zoned as a PD, provided that all of the following conditions exist:

1.

A combination of principal land uses, not otherwise permitted within the same zoning district, is proposed for development on one (1) or more adjacent tracts.

2.

Variances concerning required development standards, or other regulations of the College Park Zoning Ordinance, would otherwise be necessary to achieve design flexibility.

3.

Environmental design (i.e., architectural standards and site development standards) proposed is of a higher quality than would be possible under regulations otherwise applicable to the property.

4.

Economical provision of public services will result.

5.

The resulting transportation system will encourage and facilitate pedestrians and bicycles as practical alternatives to the proliferation of motorized vehicles.

B.

In addition, two (2) or more of the following objectives must be met:

1.

Diversity in the range of permitted uses and variety in the relationship of uses, structures and open space in developments planned as cohesive unified objects.

2.

Preservation of natural features.

3.

Enhanced functional and beneficial use of open space.

4.

Creation of a variety of housing types compatible with surrounding neighborhoods, resulting in a greater choice of environments and dwelling units.

5.

Provision of attractive and appropriate locations for business uses in well-designed buildings with provision of employment opportunities near residential areas.

In PD-R Districts in which commercial or service uses are permitted, the acreage of land devoted to commercial or service uses, including structures, parking, and related characteristics and accessory uses thereto shall not exceed thirty-five (35) percent of the total area. Provided, however, that such percentage shall apply only to commercial and service uses, and not to other nonresidential uses such as schools, parks, community buildings, and public facilities. Required parking for commercial and service uses shall be counted towards the maximum percentage.

The applicant may propose various integrated uses, such as neighborhood commercial services, within a residential area. The planning commission shall determine the appropriateness of such proposals during the preliminary development plan review process. An approved development plan for a PD shall establish the requirements for guiding development and uses of property within the PD, subject to the following provisions:

1.

All uses in the R-1, R-2, R-3, MF, BP, and OP Districts are permitted in any PD. M-1 uses proposed for a PD-C shall be considered as conditional uses.

2.

Mixed-use or integrated use areas may be permitted provided that buffers as established in this Article are maintained. Proposed uses must be specified in the preliminary and final development plans, and, once approved by the planning commission and mayor and council, the final development plan shall govern development within the district.

3.

Multifamily uses shall not be located along the perimeter of a PD, except where adjacent to, or across a street from, an existing multifamily or more intense use. Multifamily units shall not exceed fifty (50) percent of the total number of dwelling units in a PD-R.

A.

The density for single-family detached residential development in PD-R Districts shall not exceed six (6) units per acre, and the density for multifamily, residential development in PD-R Districts shall not exceed twelve (12) units per acre. Residential project density shall be calculated by considering only land designated for residential development, together with associated and adjacent common open space and recreation areas. Areas classified as drainage or retention facilities shall not be considered as common open space. Density shall be calculated by dividing the number of units by number of acres designated for residential development. Density shall be calculated separately for each housing type. Notwithstanding the above, net density ratios in excess of those provided by this subsection may be approved, provided the applicant can demonstrate that the proposed density is compatible with the objectives of the Zoning Ordinance and the residential character of surrounding development in College Park, or that negative impacts will be mitigated through landscaping, site design or other techniques.

B.

The lot coverage, regarding building footprint, for development in PD-C District not within the Downtown Historic District shall not exceed sixty-five (65) percent.

C.

In the Downtown Historic District no lot coverage limitations apply; provided that open space and parking are met.

Building height shall not exceed three (3) stories or thirty-five (35) feet, whichever is greater, unless a conditional height zoning permit is granted.

Development standards for any PD, including lot area, site dimensions, required yards, density, site coverage, landscaping and parking shall be explicitly proposed by the applicant and be approved by the mayor and council, provided such proposal does not fall below the standards of this Article.

A.

Minimum tract size. The minimum size for any PD shall be ten (10) acres.

B.

Public facilities. The applicant shall demonstrate that adequate public facilities will be provided to serve the PD. Such facilities at a minimum shall include, but not be limited to, water supply, sewage disposal, drainage control, roads, sidewalks and bike lanes. Any extension of public facilities shall be designated to avoid inefficiency, duplication, premature extensions, and unnecessary public costs. The applicant shall be solely responsible for installation of these public facilities in conformance with city standards and at the applicant's expense; provided that where such PD encompasses a portion of an Urban Redevelopment Area established by the mayor and council pursuant to the Urban Redevelopment Law, the city may elect, at its sole discretion, to joint venture in the cost and/or installation of public facilities where it determines such action is necessary to facilitate redevelopment of a blighted area.

C.

Underground utilities. PDs must include underground installation of all utilities, including, at a minimum, telephone, electric power and cable television in both public and private right-of-way, except when extreme conditions of underlying rock or other conditions make this requirement unreasonable.

D.

Construction standards. Streets, sidewalks, water supply, sanitary sewer and drainage structures shall be constructed in accordance with the Subdivision Regulations of College Park and design and construction standards adopted by the city, unless otherwise approved by the Engineering Director in accordance with standards established in Table II, below. The minimum right-of-way for all streets shall be fifty (50) feet. Entry streets accessing the PD and commercial streets shall be a minimum of twenty-eight (28) feet paved width for commercial streets. Residential streets shall be a minimum of twenty-four (24) paved feet in width; provided that where a PD proposes utilizing existing streets of lesser width, the pavement width may be reduced to twenty (20) feet curb to curb upon certification by the Engineering Director in consultation with other department heads that emergency vehicle access will not be impaired. Street width dimensions shall be subject to approval by the Engineering Director. A minimum height clearance of thirteen and one-half (13½) feet shall be maintained over all streets. All streets shall have vertical curbs.

E.

Sidewalks. Sidewalks shall be installed along the entire frontage of all developments. Sidewalks adjacent to residential properties shall be a minimum of four (4) feet in width; sidewalks adjacent to commercial properties shall be a minimum of ten (10) feet in width. Pedestrian crosswalks shall be provided and clearly marked at intersections serving residential developments. Crosswalks serving commercial developments shall be identified through the use of pavement materials such as stone pavers which differentiate the crosswalk from the normal street surface. Pedestrian crossing control devices shall be provided at all signalized intersections.

F.

Parking regulations. Off-street parking requirements are as provided in Table I, below. Commercial parking requirements may be reduced provided that off-street parking which is specifically owned or leased by the property owner seeking the reduction is located within four hundred (400) feet, as measured along the sidewalk, of the use such parking is intended to serve.

All off-street parking proposed for a PD must comply with the landscape provisions of Article 9, Tree Protection of this ordinance. In addition, a landscaped area having a minimum width of ten (10) feet shall be installed between parking areas and residential units in attached dwelling developments.

Table I. Off-Street Parking Requirements

Table II. Lot and Dwelling Unit Dimensional Standards

1.

Side yard requirements shall meet all standards of city's building and fire safety codes.

2.

Principal building only; no rear yard requirement when abutting an alley.

G.

Minimum building separation. The following minimum building separation schedule shall apply to all multifamily residential and commercial development within a PD (other than the Downtown Historic District):

H.

Signs. A uniform sign system shall be proposed by the applicant which constitutes an attractive, functional approach to conveying information to the public. All signs must be compatible with the architectural character of the PD and conform to the requirements of the College Park Zoning Ordinance. The developer shall incorporate sign restrictions into protective covenants running with the land. No sign shall exceed twenty-four (24) square feet in area, nor twelve (12) feet in height. Sign lighting shall be indirect.

I.

Street Signs. Street sign systems may be proposed, subject to approval by the director of public works. The initial installation of such systems shall be at the developer's sole expense.

J.

Buffers. Buffers shall be designed to visually screen incompatible uses, dumpsters, mechanical equipment and parking areas. Establishment and maintenance of all buffers shall conform to Article 9, Tree Protection of this ordinance and the schedule presented in Table III.

Table III. Buffer Width for Specified Abutting Uses

K.

Landscaping. A landscape plan demonstrating a functional treatment of exterior spaces, and providing ample quantities and varieties of plant materials regarded as suitable to the area climate, shall be provided. All landscape design, construction and maintenance shall comply with the provisions of Article 9, Tree Protection, of this ordinance and shall achieve the following objectives:

1.

Produce an attractive, pleasant environment;

2.

Achieve visual relief by softening structural mass and by screening parking and loading areas;

3.

Provide open areas on-site as an amenity for residents and visitors; and

4.

Foster use of indigenous plant materials to reflect the character and quality of surrounding areas.

L.

Street Trees. Street trees shall be installed within the right-of-way of all public streets. Such plantings shall be accomplished at no greater distance than fifty (50) feet apart and shall consist of canopy trees. The following species are prohibited:

M.

Lighting. All lighting shall be arranged to prevent direct glare or hazardous interference of any kind onto adjoining streets or property, or skyward, and shall conform to City of College Park Building Codes. Accent lighting designed to feature architectural or landscape elements shall be of such intensity as to illuminate such elements, only. Pedestrian scale lighting not to exceed sixteen (16) feet in height shall be provided as appropriate to the surrounding uses along all public streets. Such lighting shall conform to the architectural design and character of the development.

N.

Phasing plan. A development schedule for PD which is proposed for implementation over a series of distinct construction time periods shall be provided. Individual project phases must be whole and complete and maintain a workable, functioning and efficient relationship throughout the PD. No phase shall be approved which is dependent upon any future phase for road access, public facilities or services, parking or common open spaces.

Design criteria shall be used as the principal tool in evaluating the merits of a proposed PD. The burden shall be on the applicant to demonstrate that the proposed development plans comply with each of the following criteria, or alternately, to demonstrate that one (1) or more of these criteria are not applicable, or that a practical solution consistent with the public interest and other purposes of the College Park Zoning Ordinance has been achieved:

A.

Conformance to the Comprehensive Plan. The proposed development plan shall conform to applicable elements of the College Park Comprehensive Plan and city goals and policies expressed therein and elsewhere.

B.

Compatibility with surrounding development. Proposed uses, activities and densities shall have a compatible, efficient and functional interrelationship to surrounding uses and activities, and shall not adversely affect future development of the surrounding area.

C.

Development scale. Any nonresidential uses in a PD-R shall be of a scale primarily to meet commercial and service needs generated within the PD and those of the immediate area. Large-scale, retail uses which will draw patrons and/or vehicle trips primarily from communities outside College Park are discouraged. Market studies and traffic impact analyses may be required of the applicant as evidence that the proposal meets this criterion.

D.

Environmental design. Site plan, building design and location, and open space provisions shall be designed to produce a development that is responsive and sensitive to natural features and the aesthetic quality of the community. Site planning and design shall minimize any required cut or fill to afford maximum protection of natural landforms and features. Natural features and/or geologic hazards that may affect the property on which the PD is proposed shall be identified and mitigation measures established. Building design shall maximize preservation of vegetation and landforms, enhance drainage and minimize soil erosion. Developments must consider designs for foot traffic and pedestrian movement in and among individual retail and office establishments that facilitate destination environments for shoppers and employees. The following design principles shall control development in the PD:

1.

Non-retail commercial buildings shall, to the extent possible, front directly onto the public sidewalk and provide direct pedestrian access thereto.

2.

Site access for vehicles shall be configured such that pedestrians are not required to traverse parking areas or vehicular drives to approach the entry. Pavement markings identifying pedestrian walks may be used to achieve this design standard.

3.

All buildings shall provide direct pedestrian access from on-site parking areas as well as the public sidewalk system.

4.

All retail commercial buildings must front directly on the sidewalk, adhering to a zero front yard setback and forming a generally uniform edge identifying the retail commercial storefronts. A front yard having a maximum depth of twenty (20) feet may be approved, provided pedestrian or patron amenities are featured within the front yard.

E.

Intermodal transportation. The intent of the PD is to plan a hierarchy of streets, walks and paths that equitably serves the needs of motorists, cyclists and pedestrians. All PD proposals shall accommodate alternative transportation modes, including mass transit, bicycle and pedestrian options. This shall include the design of a pedestrian and bikeway system, including such facilities as lighting, landscaping, signs, benches, paved surfaces, and bike racks.

F.

Architectural standards. An architectural design plan which ensures architectural consistency in the proposed development, architectural character, and preservation or improvement of the visual character of the city shall be provided and, upon approval, shall form part of the plan. Architectural character is based upon the suitability of a building for its purposes, the appropriate use of materials, and upon principles of harmony and proportion of the building with other proposed buildings and surrounding land uses. Buildings or other improvements shall be compatible with the orientation, directional emphases, shape, volume, massing, proportion, rhythm, scale and materials of the context, setting and streetscape of the site. Architectural elements, designs, concepts, building styles and materials shall be subject to review by a design review commission as established by the city to ensure consistency with the purposes and provisions of the PD. In the absence of a design review commission, architectural review shall be by a committee composed of the City Planner, building inspector, downtown development manager, director of development and city manager.

The following requirements shall control building construction in the PD:

1.

Building materials used for exterior finishes shall consist of glass; metal; brick; stone; concrete stucco; decorative concrete block; solid wood; "Hardy" board or similar masonry applications; or similar, durable architectural materials. Pre-fabricated metal buildings, metal storage sheds, synthetic stucco, "dryvit", EIFS, vinyl siding and other materials found to be other than durable products are specifically prohibited. Awning materials shall be limited to canvas or metal.

2.

Roof pitch in residential developments shall be a minimum of 6/12. Roof materials shall consist of asphalt or composite shingles, terra cotta, slate, cedar, or standing seam metal. "Rolled" asphalt-roofing materials shall not be used.

3.

Side and rear building elevations of attached, residential developments and all commercial developments shall be substantially consistent with the front building elevation.

4.

Architectural style within one (1) block or other contiguous development unit shall be compatible and shall adhere to a single, consistent architectural theme.

5.

Placement of air-conditioning units, satellite dishes in excess of one (1) meter in diameter and other mechanical systems and equipment shall be accomplished without detracting from the architectural integrity of the building or site. Generally, such equipment must be installed to the rear of the building or on the side, provided the view is partially obstructed through either the use of screening compatible with the building such equipment serves or landscaping. Rooftop equipment shall be completely screened from view from the public right-of-way as well as adjoining properties.

G.

Access for the disabled. All buildings intended for use by the general public shall be designed and constructed so that they are accessible and useable by physically disabled individuals. Site development and building construction shall conform to specifications set forth by the Americans with Disabilities Act.

Common open spaces shall be defined for the purpose of this section as the total area of land and water within the external boundary of a PD designated and intended for use and enjoyment as open areas, and not improved with a building, structure, street, road or parking area, except for recreational structures and parking for recreational uses. Said common open spaces shall not include individual lots and yards located between buildings and parking areas.

A.

Minimum open space requirement. A minimum of twenty (20) per cent of the area of the PD-R District (fifteen (15) per cent of PD-C Districts), net of all street rights-of-way, parking areas, and the below listed areas of this subsection, shall be common open spaces. Acreage delineated by utility easements containing overhead lines shall be factored into neither the calculation of the common open space reservation, nor the net area of the PD.

B.

Ineligible areas and uses. No area within a building site (other than recreation structures), road and road easement or right-of-way, cut or fill slope, drainage facility such as detention ponds, or other permanently disturbed area shall be credited toward the required per cent permanent, common open space requirement. Recreational uses which alter the natural landscape, and are not available to the general public, such as golf courses, shall not constitute more than fifty (50) percent of the minimum twenty-five (25) or fifteen (15) percent common open space reservation.

C.

All common open space shall be reserved for its intended purpose as shown on the approved, final development plan. The common open space shall either be dedicated to the city, subject to acceptance by the City of College Park, or administered by a nonprofit organization, subject to the requirements of this Article.

D.

All common open space shall be specifically included in the development schedule, and be constructed and fully improved by the owner at an equivalent or greater rate than construction of all other structures proposed in the approved final development plan.

E.

Areas proposed for common open space or recreation areas shall be allocated among the various land uses in proportion to the ratio of neighborhood or employment population to total PD population so that acreage devoted to open space and recreation is reasonably accessible to all residents and daytime occupants of the PD.

F.

Civics spaces in all PDs, including public squares and parks which feature focal points such as fountains, public artwork and other amenities designed for passive recreation, must be incorporated into common open spaces. No residence in a PD-R shall be located more than five hundred (500) feet from a common open space area comprised of a minimum area of one-quarter (¼) acre.

A.

Variations from the standards provided in the College Park Subdivision Regulations for streets, lots and blocks must be approved, provided it can be demonstrated to the satisfaction of the Engineering Director that each of the following objectives will be met:

1.

Safe and convenient access will be provided to dwelling units, nonresidential areas, community facilities and common open space within the PD;

2.

Adequate access and circulation for emergency and city service vehicles will be provided; and

3.

Principal vehicular access points will be designed to permit smooth traffic flow and minimum hazards to vehicular, bicycle and pedestrian traffic.

B.

No private streets are permitted within a PD.

Access routes and circulation within the PD shall be designed to minimize the length of roadways and to eliminate conflicts between vehicular, bicycle and pedestrian traffic. The system shall incorporate intermodal transportation elements, and shall be controlled by the following provisions:

A.

Access to public thoroughfares. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. Minor streets within the PD shall generally not be connected to streets outside the development, except where an existing street grid already exists, it shall be maintained and no access to adjacent areas shall be discontinued.

B.

Site accessibility. PDs shall normally be located on a street having a minimum functional classification of "collector." All proposed streets, alleys and driveways shall be adequate to serve the residents, occupants, visitors, emergency and service vehicles, and other anticipated traffic of the PD. Every dwelling unit, or other land use permitted in the PD, shall have access to a public street either directly or through an approved driveway, pedestrian way, or other means dedicated to public or private use.

C.

Emergency access. No structure or use shall be inaccessible to emergency vehicles or as otherwise allowed as determined by fire chief.

D.

Alleys. Alleys may be approved provided a minimum paved width of twenty (20) feet is maintained. All alleys shall conform to construction standards adopted by the City of College Park.

E.

Pedestrian ways. Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units, appropriate facilities within the development, and principal off-site pedestrian destinations. Walkways that are suitably located, designed and constructed may be combined with other easements and used by city emergency and service vehicles, but shall not be used by other vehicles. All pedestrian facilities shall conform to the provisions of the Americans with Disabilities Act.

F.

Intermodal circulation. The final development plan shall provide for vehicular, bicycle and pedestrian circulation within the PD. This may be accomplished through the design and construction of sidewalks and pathways, bike lanes or other means to ensure the safe and efficient movement of such alternate transportation modes as bus, shuttle, automobile, bicycle and walking. These routes shall be designed to connect to existing or future routes adjoining the PD.

G.

Traffic management. The PD is intended to control vehicular traffic speeds and minimize conflicts between motorists, cyclists and pedestrians. Use of "traffic calming devices", such as landscaped medians, rotaries, "on street" parallel parking and defined pedestrian crosswalks must be incorporated into the proposed street system.

A.

PDs shall be permitted throughout the city.

B.

Except as modified by this Article and approved in a final development plan, elements in a PD shall be governed by the regulations of R-3 District with respect to single-family housing, and the MF District with respect to townhouse, condominium, and apartment development. Commercial development elements shall, unless modified by and approved in a final development plan, conform to the requirements of this Article, or where in the absence of standards in this Article, the standards of the OP District.

C.

The final development plan for the PD may provide for such variations from district regulations established in subsection B. governing use, density, area, bulk, setbacks, parking and signs, and such subdivision regulations as may be necessary or desirable to achieve the objectives of the proposed PD, provided such variations are consistent with the standards and criteria contained in this Article and have been specifically requested in the application for a PD, and further provided that no modification of the district requirements or subdivision regulations may be allowed when such proposed modification would result in any of the following conditions:

1.

Inadequate or unsafe access to the PD;

2.

Traffic volumes exceeding the planned capacity of the proposed major street network in the vicinity such that the level of service (LOS) falls below an LOS rating of C;

3.

An undue burden on schools, fire and police protection, and other public facilities which serve or are proposed to serve the PD; or

4.

A development which will be incompatible with the purposes of the College Park Zoning Ordinance or the Comprehensive Plan.

The applicant for zoning map amendment to a PD, by requesting the PD designation and making application therefore, shall agree to furnish information about the proposed development, and later to abide by certain conditions and safeguards as may be imposed by mayor and council in establishing such developments. To that end, the regulations set forth herein are minimum requirements, and it is the intent of this section that the owner(s) or their agent shall establish in their development plan standards and conditions, and mayor and council may impose conditions and safeguards in excess of, or in addition to, the specific requirements set forth herein. The guarantee of meeting the minimum requirements set forth herein does not create an entitlement to such an amendment, where the mayor and council determine that it would be contrary to the public health, safety and welfare to establish such a district through analysis of the standards of review.

An application for approval of a PD may be filed by any person, firm, partnership, corporation or other entity having a contractual interest in the property for which the development is proposed, or a contract to purchase or option to purchase an interest in the property, or their authorized agent, hereafter referred to as "applicant;" provided that where a PD is proposed for property included in an Urban Redevelopment Area approved by the mayor and council, an applicant may propose for inclusion in the PD property over which the applicant holds no direct control. In such instance, development of the plan shall meet all standards of this Article as well as all requirements of the Urban Redevelopment Act. With the exception of land included in an Urban Redevelopment Area, final development plan approval by mayor and council shall not be issued until the applicant provides satisfactory evidence of ownership of all property to be included in the PD.

Any request pertaining to establishment of a PD Zoning District shall be considered an amendment to the Official Zoning Map of College Park, and shall be administered and processed in accordance with regulations set forth in Article 15 of the College Park Zoning Ordinance.

A.

Prior to filing an application for a PD, the applicant shall present the proposed PD to the City Planner. The City Planner shall review the proposal in conjunction with department directors, as appropriate, to ascertain its consistency with the City of College Park Comprehensive Plan, surrounding land uses and zoning, and adequacy of existing and planned public facilities. The applicant shall provide the following information to the City Planner:

1.

Sketch plan showing the location and acreage of the project and proposed street layout relative to existing topography.

2.

Proposed uses, including density for residential projects.

3.

Proposed water supply and sewage disposal services.

B.

The City Planner shall report his findings to the city manager for his review within one (1) week of the pre-application conference concerning the request for designation of a PD. The purpose of this review is to provide feedback to the applicant as to the appropriateness of the proposed concept prior to preparation of more detailed plans as required in the preliminary development plan and rezoning application. Such feedback shall serve to advise the applicant of the objectives and provisions of this Article as it relates to the proposed concept and shall not represent project approval.

Following pre-application review as set forth in this Article, an application for rezoning to a PD may be submitted within a maximum period of six (6) months. An application for PD zoning designation shall be accompanied by a preliminary development plan and a preliminary written report. The following information and materials shall be submitted with the application for a PD:

1.

Application form and filing fee.

2.

Survey plat certified by a licensed surveyor indicating existing conditions of the property to be included in the PD, including the location of improvements, existing topography, natural features, existing vegetation, watercourses and perimeter boundaries of the property.

3.

The plat must also provide the current zoning of all parcels proposed for the PD and the current zoning classification of all abutting properties.

4.

A concept plan provided by the applicant depicting all information required under Article III, section 17-31, Preliminary Plat Specifications, of Chapter 17, Subdivision Regulations of the city Code, and the following additional information:

a.

Total project acreage, including acreage proposed for each land use;

b.

Proposed uses, including general locations;

c.

Housing types and proposed residential densities;

d.

Major street pattern, including names and widths of adjacent streets, and all access points proposed for the development;

e.

Proposed pedestrian circulation, including accessibility for the disabled, and sign system;

f.

Topographic information as required by section 17-31 of the Subdivision Regulations at five-foot contour intervals or less, including floodplain and wetlands boundaries;

g.

Proposed buffers and/or screening, both interior and perimeter;

h.

A tree survey, identifying all hardwood species eight (8) inches diameter breast height or greater, and all conifers twelve (12) inches diameter breast height or greater;

i.

Any other data necessary to understanding and evaluating the proposed development as requested in writing by the planning commission.

5.

A preliminary written report describing the intent and general character of the proposed development. This report shall specifically include the following:

a.

A general description of the proposed development;

b.

Proposed provision of water supply and sewage disposal, and calculation of projected demand for these services;

c.

Proposed stormwater drainage system;

d.

Calculation of average daily traffic and peak hour(s) vehicle trips to be generated by the development and an indication of projected routing;

e.

Proposed development standards, including use and density restrictions, yard and parking requirements, and protective covenants;

f.

Plans for the protection of adjacent properties;

g.

Identification of any land or infrastructure proposed for dedication to the City of College Park;

h.

Architectural plans sufficient to evaluate conformance to applicable building codes and to convey the character and appearance of future development;

i.

Description of open space uses and areas proposed, adequacy to serve projected demand, and proposed legal instrument ensuring maintenance of open space, courts, walks, and other common areas;

j.

Summary table providing total development acreage, acreage by phase and acreage by use, including densities for residential areas;

k.

A proposed project completion schedule by phase;

l.

Any proposed deviations from the development standards set forth in the College Park Zoning Ordinance; and a justification defending the variance(s) in development standards which may affect required yards, lot size, unit size, density, etc.; and

m.

Any other data necessary to understanding and evaluating the proposed development as requested in writing by the planning commission.

6.

The development plan and written report shall be prepared by an architect, urban planner, engineer, landscape architect, land surveyor or others with training or experience in site planning and design.

7.

Based upon the environment and circumstances surrounding the proposed PD, the city manager may, at his option, following written request by the applicant, and subject to planning commission approval, waive the following preliminary development plan requirements:

a.

Topographic survey;

b.

Tree survey;

However, any information so waived from inclusion in the preliminary development plan shall be submitted to the city manager prior to consideration of the final development plan by planning commission.

Each application for a PD shall be accompanied by a fee as established by the mayor and council based on the number of acres within the area proposed for PD. Applications deemed by the city manager to present potentially significant design, land use, or other issues may require review by consultants other than city staff. Should a determination be made that an outside consultant is needed to review any PD application, the city manager shall estimate the amount necessary and provide written notification of said amount to the applicant. The applicant shall submit all reasonable fees deemed necessary for such consulting services by the City of College Park with the PD zoning amendment and preliminary development plan application.

The City Planner shall review the preliminary development plan and PD zoning application for compliance with applicable statutes and ordinances and file a staff report no later than ten (10) business days prior to the planning commission public meeting to consider the application. This review shall incorporate comments of the building inspector, Engineering Director, public works director, police chief, fire chief and power director. The staff report shall recommend any changes in the preliminary development plan, as submitted, and the conditions for approval, if any, to bring the preliminary development plan into compliance with the standards of this district. The building inspector shall provide a copy of the staff report to the applicant no later than five (5) business days prior to the planning commission public meeting to consider the preliminary development plan.

The planning commission shall review the preliminary development plan and PD zoning application and may confer with the applicant on changes deemed advisable, including the type and extent of such changes, at a public meeting held by the planning commission. The planning commission shall recommend approval, approval with conditions, or denial of the preliminary development plan upon a finding that the application complies or fails to comply with the standards of this District, the objectives of the Zoning Ordinance or the goals of the Comprehensive Plan. The planning commission shall forward a written recommendation concerning the PD to the mayor and council as provided in Article 15 of the College Park Zoning Ordinance.

Subsequent to the planning commission meeting at which the preliminary development plan was considered, the mayor and council shall consider the request for approval of the preliminary development plan and PD zoning at a public hearing. The hearing shall be conducted as provided in Article 14 of the College Park Zoning Ordinance. Following consideration of the preliminary development plan, the recommendation of the planning commission and public comments, the mayor and council shall approve, approve with conditions, or deny the preliminary development plan and PD Zoning District. In considering development standards proposed by the applicant in the preliminary development plan, the mayor and council shall determine that such deviation from such regulations as would apply to the land in absence of PD zoning provides benefits to College Park that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of compliance of the proposed PD with the design criteria of this Article, the remainder of the Zoning Ordinance, particularly the standards of review for zoning amendments, the Subdivision Regulations and the Comprehensive Plan.

Approval of the preliminary development plan for PD zoning by the mayor and council shall be null and void unless an application for final development plan for PD is accepted by the planning commission within six (6) months of the date of approval of the preliminary development plan and PD zoning by mayor and council. Permitted times frames are unaffected by changes in property ownership. Upon written request, one (1) extension of time may be granted by the mayor and council for a period not to exceed six (6) months, for good cause shown. No request for such extension shall be considered unless a written application requesting the extension is submitted to the city manager no later than thirty (30) calendar days prior to the date mayor and council approval of the preliminary development plan and PD zoning is to expire. The approval shall be deemed extended until such time as the mayor and council has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall render the preliminary development plan for PD zoning null and void.

Following approval of the preliminary development plan and rezoning of the property to a PD by mayor and council, the applicant shall submit a final development plan to the planning commission for review. The final development plan shall describe the ultimate buildout of the land within the PD, and may define discrete phases within which the development is scheduled. The following information must be submitted for final development plan approval:

1.

A proposed outdoor lighting plan showing location, height, fixture type and wattage;

2.

A final development plan drawn to scale with approximate dimensions containing all information required for the preliminary development plan under this Article, all information required under Article III, section 17-32, Final plat specifications, of Chapter 17, Subdivision Regulations of the city Code, plus the following information:

a.

Location of proposed connections to public water supply and sanitary sewer service for the development;

b.

Major storm drainage improvements;

c.

A complete set of plans depicting existing conditions of the parcel, including site plan, floor plans and elevations, if applicable;

d.

A complete zoning analysis of existing and proposed development, including a square footage breakdown of all proposed uses, parking and proposed densities;

e.

For developments to be completed in phases:

1.

Open space provisions,

2.

Residential densities,

3.

Height limits,

f.

Building and parking areas; and

g.

Landscape plan, including extent and location of all plant materials and other landscape features; a plant materials schedule with common and botanical names, sizes, quantities and method of transplant.

3.

A final written report describing the proposed development and containing all information required for the preliminary development plan under this Article, plus the following additional documents and information:

a.

Bonding documentation or other financial guarantees as provided in this Article guaranteeing successful installation of all proposed improvements necessary to any approved phase of the PD project.

b.

Open space plan and guarantees of reservation as "common open spaces" of all residual, open land area resulting from PD approval that is not deeded to the city. The guarantees shall deed a proportionate, undivided interest in all common open space and associated recreation areas, in perpetuity, to ownership units within the PD through covenants, deed restrictions, condominium declaration or similar documents, together with deed restrictions prohibiting future residential, commercial, industrial or other development of such areas.

c.

Landscape guarantees specifying how the landscape proposed for the PD will comply with Article 9, Tree Protection, of the College Park Zoning Ordinance.

d.

Public facilities guarantee in the amount of one hundred (100) percent of the current estimated cost of such public improvements, as estimated by the Engineering Director. The guarantee may be in the form of a bond, irrevocable letter of credit from a bank authorized to do business in Georgia, or cash deposit and shall be in such form as approved by the city attorney. In addition, the applicant shall grant right-of-entry to the City of College Park to construct such improvements where a bond is required.

The guarantee shall ensure adequate and proper construction of the following facilities:

1.

Water supply and sanitary sewer service;

2.

Streets and sidewalks;

3.

Storm drainage facilities;

4.

Grading improvements; and

5.

Recreation land and appurtenances.

When streets or drives within a PD are not dedicated to the City of College Park, the owners, developers or parties at interest in the PD shall designate, in the form of a legal instrument, those parties responsible for the maintenance and repair of private streets and drives. This legal instrument shall be made part of the proposed owners' association's deed and covenants.

e.

Documents establishing one (1) or more condominium associations. A condominium association shall be established for the purpose of maintaining all common property not deeded to the city for public purposes, whether residential, commercial or otherwise, and all common elements in compliance with the Georgia Condominium Act and Chapter 5, Article III, Division 2. Condominiums and Condominium Conversions of the City of College Park Code. When the common open space is proposed to be deeded to an owners' association, such an association shall be established prior to final development plan approval. Such association documents shall meet the following requirements: (i) membership in the association must be mandated for each owner, (ii) common open space restrictions must be for the maximum duration established by state law and provide for automatic renewal, (iii) the association must be responsible for liability insurance, taxes and maintenance of common open space and associated recreation areas and facilities, (iv) the association must have the power to levy assessments, enforceable by the imposition of additional penalties, which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities, (v) the governing board of any such association shall be comprised of a minimum of five (5) members, and (vi) a minimum of fifty-one (51) percent of the representatives on the governing board of any such association shall be owners of property in the PD.

The City Planner shall review the final development plan and written report for compliance with applicable statutes and ordinances and file a staff report no later than ten (10) business days prior to the planning commission public meeting to consider the application. This review shall incorporate the comments of the building inspector, Engineering Director, public works director, police chief, fire chief and power director. The staff report shall recommend any changes in the final development plan, as submitted, and the conditions for approval, if any, to bring the final development plan into substantial compliance with the preliminary development plan and standards of this district. The building inspector shall provide a copy of the staff report to the applicant no later than five (5) business days prior to the planning commission public meeting to consider the final development plan.

As soon as possible following approval of the final development plan, elements of the final written report which constitute legal agreements and/or restrictions, such as but not limited to, proposed protective covenants, all documents proposed for any condominium association or owners' association, and all financial guarantees, shall be provided to the city attorney for review. Review and approval of such documents shall be required prior to filing of any such documents for public record and prior to approval of the final development plan by the mayor and council. The city attorney shall have thirty (30) days in which to review such documents and provide comments to the mayor and council.

The planning commission shall review the final development plan and written report and may confer with the applicant on changes deemed advisable, including the type and extent of such changes, at a public meeting held by the planning commission. The planning commission shall recommend approval, approval with conditions, or denial of the final development plan upon a finding that the plan and written report comply or fail to substantially conform with the preliminary development plan and any conditions of PD zoning or to comply with the standards of this district, the objectives of the zoning ordinance or the goals and objectives of the comprehensive plan. The planning commission shall forward a written recommendation concerning the PD to mayor and council as provided in Article 15 of the College Park Zoning Ordinance.

The mayor and council shall consider requests for final development plan approval at a public hearing. The planning commission shall forward a written recommendation concerning the final development plan to the mayor and council as provided in Article 15 of the College Park Zoning Ordinance. Following consideration of the final development plan, the recommendations of the planning commission and public comments, the mayor and council shall approve, approve with conditions, or deny approval of the final development plan. In considering development standards proposed by the applicant in the final development plan, the mayor and council shall determine that such deviation from such regulations as would apply to the land in the absence of PD zoning provides benefits to College Park that outweigh the adverse effects of such deviation. This determination shall be based on an evaluation of compliance of the proposed PD with the design criteria of this Article. Prior to approval of a final development plan, there shall also be a finding by mayor and council that (1) the final development plan is in substantial conformance with the preliminary development plan and PD zoning approved by mayor and council, (2) a final written report has been prepared consistent with the standards of this Article, and (3) the final development plan complies with all other relevant provisions of the College Park Zoning Ordinance.

Approval of the final development plan for PD by the mayor and council shall be null and void unless a phase site plan for a minimum of one (1) phase of construction of the PD is approved within six (6) months of the date of approval of the final development plan. Permitted time frames are unaffected by changes in property ownership. Upon written request, one (1) extension of time may be granted by the mayor and council for a period not to exceed six (6) months, for good cause shown. No request for such extension shall be considered unless a written application requesting the extension is submitted to the city manager no later than thirty (30) calendar days prior to the date mayor and council approval of the final development plan is to expire. Final development plan approval shall be deemed extended until such time as mayor and council has acted upon the request for extension. Failure to submit an application for an extension within the time limits established for this section shall render the final development plan for PD null and void.

A.

Following approval of the final development plan by the mayor and council, the applicant shall submit twelve (12) copies of a detailed phase site plan for each development phase to the building inspector for approval prior to issuance of any permits. The building inspector may, at his discretion, and shall upon the request of the applicant, refer approval of the phase site plan to planning commission. Phase site plans for development proposals to be accomplished in a single phase may be submitted to the planning commission together with the final development plan, subject to approval of the final development plan by mayor and council. For phased development, the first phase site plan must be submitted to the planning commission with the final development plan, subject to approval of the final development plan by the mayor and council.

B.

Phase site plans shall be drawn to scale, showing all dimensions, and shall include the following information:

1.

Project and phase name;

2.

Owner'(s) name, address and telephone number;

3.

Date, scale and north arrow;

4.

Vicinity map;

5.

Topography at five-foot contour intervals or less, including floodplain and wetlands boundaries;

6.

A tree survey, identifying all hardwood species twelve (12) inches diameter at breast height or greater, and all conifers eighteen (18) inches diameter at breast height or greater, and techniques for minimizing damage to such trees during construction;

7.

Landscape plan depicting, in addition to the requirements of the preliminary development plan, the proposed plant materials at mature sizes;

8.

Exterior dimensions of the site;

9.

Acreage of the site;

10.

Residential density;

11.

Location and width of all streets, including rights-of-way;

12.

Location, height, fixture type, wattage of lighting and approximate area of illumination;

13.

Detail of buffer and/or screening areas designed to protect adjacent properties and dissimilar uses within the phase;

14.

Location, proposed use and acreage of all open space and common areas;

15.

Phase site plans for all developments except single-family projects must provide the following additional information:

a.

Location and dimensions of all drives, parking and loading areas including the number of spaces provided;

b.

Location, exterior dimensions and proposed use of all structures; and

c.

Location and method of screening dumpsters.

A.

The building inspector shall approve the phase site plan provided that it conforms to the final development plan. A substantial deviation from the final development plan shall be grounds for denial of site plan approval, and shall necessitate the petitioning for approval of an amendment of the final development plan and PD zoning before the phase site plan may be approved. The following shall constitute substantial deviation:

1.

Increased project density;

2.

Adjustments to the perimeter boundary of the PD;

3.

Use changes;

4.

Material changes in the location or amount of land devoted to specific uses; and

5.

Significant changes to the exterior features or appearance of buildings and uses depicted on the final development plan.

B.

Minor deviations from the final development plan, including minor shifts of building locations, proposed streets and ways, utilities and easements, and recreation and other open space areas may be approved by the city manager. The city manager may, at his discretion, and shall upon written request by the applicant, refer approval of the phase site plan to planning commission.

The applicant must begin construction of the PD within six (6) months of the date of approval of the initial phase site plan associated with the approved final development plan, and continue diligently toward completion of the project. Upon written request, one (1) extension of time may be granted by mayor and council for a period not to exceed six (6) months, for good cause shown. No request for such extension shall be considered unless a written application requesting the extension is submitted to the city manager no later than thirty (30) calendar days prior to the date mayor and council approval of the initial phase site plan is to expire. Construction of subsequent phases of those PDs to be accomplished in distinct phases shall begin within six (6) months of completion of the previous phase.

The building inspector shall notify the mayor and council in writing of any circumstances in which construction of an approved PD project is not in compliance with this Article, the final development plan and any conditions of approval associated with the PD zoning. In the event such noncompliance is confirmed at a public hearing before the mayor and council, the council may amend the Official Zoning Map of the City of College Park to return all or a portion of the property in the PD to the previous zoning classification, or any other appropriate classification. Additionally, the city may enforce and collect on bonds and other sureties, may order work stopped on the project, and may initiate action against the owner for violation of the zoning ordinance.

A.

No land disturbance, site grading, utility work or building construction of any kind shall commence prior to approval of the phase site plan and final development plan.

B.

Following phase site plan and final development plan approval by the mayor and council, application for permits may be made to the building inspector as provided in the City of College Park Code of Ordinances.

Limited adjustments or modifications to the final development plan or subsequent modifications to a phase site plan may be approved by planning commission. Such modifications are those that appear necessary in light of technical or engineering considerations first discovered during actual development and that could not reasonably be anticipated during the plan approval process, provided that the modifications comply with the standards of the PD Zoning District and applicable provisions of the College Park Zoning Ordinances. Administrative modifications shall not include changes in use, square footage, lot coverage, building height, residential density, street layout, common open space, natural resources protection, nor any changes which materially affect the character of the proposed development.

The mayor and council may amend a PD by amending the final development plan. Such amendments shall be accomplished by the same review and approval procedures set forth for original PD applications. Land may be added to an existing PD provided it is adjacent thereto and forms a logical addition to the existing PD. Land may also be removed from an existing PD. Any such change in the boundaries of a PD shall constitute a plan amendment and shall be accomplished only by procedures set forth in this Article and Article 15 of the College Park Zoning Ordinance for filing an original PD zoning application. Modifications of PD Final Development Plans or Phase Site Plans which do not require changes in the boundaries of an established PD or establishment of a new PD are not considered amendments to the College Park Zoning Ordinance or Official Zoning Map. Agreements, covenants, declarations and other contracts among its applicants which govern the use, maintenance and protection of areas within a PD development shall be part of the official zoning file, and by adoption, the College Park Zoning Ordinance. Any changes to such documents shall constitute an amendment to the Zoning Ordinance and shall be processed as any other amendment to the Ordinance.

Variances are not available in PDs. Any deviation from the final development plan shall be made by administrative modifications or by plan amendments as provided above.

Within ten (10) days following approval of the final development plan, the applicant shall file for recording in the deed records of in the office of the Clerk of Superior Court of Clayton County or Fulton County, (as appropriate) Georgia, the following notice:

"NOTICE OF PLANNED DEVELOPMENT APPROVAL

"PLEASE TAKE NOTE that on the ________ day of ________/________/________, 20___, the Mayor and Council of College Park, Georgia, approved development of the following tract described as a Planned Development pursuant to the provisions of the Zoning Ordinance of the City of College Park. No development shall occur on the tract except in accordance with the Final Development Plan, and under any conditions that may be imposed thereby. The above referenced tract is located within the City of College Park, Clayton County or Fulton County, (as appropriate) Georgia, and is more fully described as follows:

(Insert Legal Description)

A copy of the Planned Development Final Development Plan is of record in the office of the Clerk of Superior Court of Clayton County or Fulton County (as appropriate).

___________
City Clerk

STATE OF GEORGIA
COUNTY OF CLAYTON/FULTON

The foregoing instrument was acknowledged before me this ________ day of ________/________/________, 20___, by ___________, City Clerk. Witness my hand and official seal.

___________
Notary Public"

A copy of the same notice shall be published once in the legal organ of the city and shall be filed with the city clerk.

The final development plan consisting of, as applicable, final drawings depicting the development plan, landscape plan, utility plan, building elevations, the final written report, together with all documents concerning the care, maintenance and preservation of common open space and associated recreation areas and facilities, and performance bonds shall be recorded in the office of the Clerk of Superior Court of Clayton County or Fulton County, (as appropriate) Georgia, and shall be binding upon the property owners subject to the final development plan, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth in the final development plan and written report. Failure on the part of the applicant to record the final development plan and written report within a period of one hundred and eighty (180) days following its approval by the mayor and council shall render the final development plan invalid. Reconsideration of the final development plan and written report by the mayor and council will be required prior to its acceptance and recording. Proposals encompassing a subdivision of property shall also be accompanied by a subdivision plat as required by the College Park Subdivision Regulations, to be recorded with the office of the Clerk of Superior Court of Clayton County or Fulton County, (as appropriate) Georgia.

Following recordation, the final development plan and all supporting documents shall be filed with the city clerk. Subdivision plats shall be filed with the Engineering Director.

Following a site inspection by the building inspector, a certificate of occupancy may be issued for individual structures within the development; provided that all common open space has been established and all public improvements within the area encompassed in the approved phase site plan have been made. In no event shall a certificate of occupancy be issued prior to acceptance of site improvements to be dedicated to the City of College Park and posting of bonds as provided in this Article.