The division of the City into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land are appropriate neither as a "permitted use" nor a "special use" in certain districts and are therefore designated as planned uses or are otherwise herein subject to "planned use" site plan approval where specified circumstances exist. It is the intent of this section to authorize these "planned uses" only where the location and circumstances are appropriate to the use and a site plan is approved by the Governing Body for any use designated as a planned use. It is also the intent of this section to increase the flexibility of development design through evaluation and approval of a site plan.

(Zoning Ord. 2009, § 17.110.010)

A petition to change to a Planned District shall be filed with the City in accordance with this section. Approval of a planned use and corresponding site plan shall be considered a legislative act of rezoning. The public hearing and public notice requirements for a planned district rezoning shall be the same as for any rezoning as provided by these regulations—see Section 17.150. Any ordinance approving a site plan shall be deemed to incorporate the provisions of this section. A governing ordinance for each Planned District development shall be established at the time of the rezoning. The governing ordinance shall contain, but is not be limited to, all permitted uses, density requirements, set-backs, and all other site development requirements placed on the site at the time of Planning District designation. The site development conditions shall be attached to the ordinance authorizing the rezoning and be entitled "Attachment A."

(Zoning Ord. 2009, § 17.110.020)

A property must be developed as a Planned Development in the following instances:

A.

Any use listed as a planned use in Table 5 shall require a planned use application and all other planned use/district procedural requirements.

B.

Any new use or change in use or application for construction of a building for any primary use within the R-1, R-2, R-3, R-4, HP-1, CP-1, CP-2, B-2, BP-1, BP-2, BP-3, BP-4, and M-1 districts where any of the following exists:

1.

Two (2) or more principal structures on a single lot of any size is proposed;

2.

Any development containing a multifamily dwelling containing over two (2) units;

3.

The subject property is within five hundred (500) feet linear street frontage of a neighboring property having residential, church/religious, or school as the principal use;

4.

The subject property is adjacent to or within five hundred (500) feet of any property zoned for residential purposes;

5.

Any new structure of ten thousand (10,000) square feet or more is proposed;

6.

When traffic generation, as determined by a Traffic Study submitted by the applicant, if requested by the City, shows any level of service (LOS) of "D" or worse pursuant to the accepted national traffic standards.

(Zoning Ord. 2009, § 17.110.030)

Application contents and submission requirements. A preliminary site plan shall be required for any use or circumstance identified in Section 17.110.030 requesting a Planned District designation and shall include the elements set forth in these regulations.

A.

Preliminary site plan. The preliminary site plan shall satisfy all application contents and submission requirements of Section 17.120 "Site Plan Review."

B.

Submittal requirements. The number of copies of the preliminary site plan, as required by the Director, shall be submitted in support of the application. The preliminary site plan shall be accompanied by all general application requirements, and shall bear such professional certifications and seals as the City may require.

C.

Exterior building sketches. The application shall include preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan, such as apartments and commercial buildings, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.

D.

Schedules. A schedule shall be included indicating total floor area, dwelling units, land area, parking spaces, land use intensity, hours of operation of the business, and other quantities specified in the appropriate zoning district regulations. Construction shall commence within twelve (12) months from the date of permit authorization.

E.

Phases of development. Phases of development must be shown on the preliminary site plan, if applicable. If the development will occur in phases, the applicant shall submit a site plan that also displays the entire development at the completion of all phases. The phased development shall have the phases clearly outlined with expected dates for beginning of construction and date of completion of construction. No building permit shall be issued for any phase of development until a final site plan for that phase is approved, in accordance with the provisions of this title.

F.

Statement of need for modification from district regulations. A narrative statement and graphic exhibits that illustrate the conditions that the modified standards of the applicable zoning district regulations will produce, so as to enable the Commission and the Council to make the determination that the modification will produce a living environment, landscape quality and lifestyle superior to that produced by the existing standards.

(Zoning Ord. 2009, § 17.110.040)

A.

Procedure. Except as established by this section, the procedures and requirements for filing, review and approval of a preliminary site plan for a planned use shall be the same as those set forth in Section 17.120 and all other requirements necessary for making amendments to a zoning district or boundaries (see Section 17.150 "Amendments").

B.

Criteria for approval. The Governing Body shall use the applicable zoning district regulations as a guide for review of the preliminary site plan. The Governing Body may permit modification from the underlying district regulations. Use regulations, however, shall not be modified so as to allow uses not otherwise permitted by this title in the zoning district governing the property, or to which the applicant seeks rezoning. If the Governing Body imposes conditions or restrictions on a preliminary site plan, it may designate specific requirements that must be met before an applicant may submit a final site plan application. In considering any preliminary site plan application, the Commission and the Governing Body may give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The Commission and Governing Body shall also consider other factors relevant to the particular application.

1.

Satisfaction of the conditions and requirements applicable to the requested planned use, as set forth in this title.

2.

The criteria governing the rezoning of the property, as set forth in the standards and requirements found elsewhere in the zoning code or in other applicable law.

3.

Development is designed, located and proposed to be operated so that the public health, safety and welfare will be protected.

4.

That an identified community need exists for the proposed use.

5.

Development will not impede the normal and orderly development and improvement of the surrounding property, nor impair the use, enjoyment, or value of neighboring properties.

6.

Development incorporates, as approved by the City, adequate ingress and egress and an internal street network that minimizes traffic congestion.

7.

The capability of the site to accommodate the building, parking, and drives with appropriate open space and safe, easy ingress and egress.

8.

The degree of continuity between the architectural quality of the proposed building and the surrounding neighborhood.

9.

The appropriateness of the minimum dimensions and areas of lots and yards set forth in the applicable zoning district regulations.

10.

Development reinforces and/or complies with the standards and principles of the Comprehensive Plan and all other adopted regulations.

C.

Site plan and rezoning ordinance. When a preliminary site plan application is submitted with an application to change the zoning district category, the site plan approved through the hearing process, concurrent with such application, shall become part of the ordinance that amends the zoning district category of the property.

D.

Modification of zoning map. Any approved preliminary site plan shall be reflected on the Zoning Map as an amendment to the District by designation of "P-" before the district abbreviation of the district in which the plan was approved.

(Zoning Ord. 2009, § 17.110.050)

Once a preliminary site plan has been approved, changes to the preliminary site plan shall be made only after approval of a revised preliminary site plan in accordance with Section 17.120.090 "Revised Site Plan Applications."

(Zoning Ord. 2009, § 17.110.060)

Approval of a final site plan is required any time a preliminary site plan is required. No building permit shall be issued for any structure on the property until a final site plan is approved.

(Zoning Ord. 2009, § 17.110.070)

A.

The number of copies of the final site plan, as required by the Director, shall be submitted in support of the application. The final site plan shall be accompanied by all general application requirements.

B.

One (1) or more maps shall be submitted with the final site plan that shows the following. Each map shall contain all map submission requirements, and shall bear the seal of a PE and other such professional certifications and seals as the City may require.

1.

All requirements set forth in Section 17.110.050 shall be complied with. The final site plan shall satisfy all requirements of Section 17.120 "Site Plans" application contents and submission requirements."

2.

Color photographs of surrounding structures within two hundred fifty (250) feet and elevation drawings of the proposed special use in sufficient detail to determine compliance with the zoning district regulations in which the planned use is to be located.

(Zoning Ord. 2009, § 17.110.080)

The approved planned use and associated plans shall specify the duration of its validity, but in no event shall an approved planned use be valid for a period longer than twelve (12) months from the date of such approval. The Governing Body may grant one (1) extension not exceeding twelve (12) months upon written request. The approval of a revised preliminary site plan shall not automatically extend the time period during which the preliminary site plan or planned use is valid.

(Zoning Ord. 2009, § 17.110.090)

After the final plan or plat has been approved and construction has been completed, changes in use or land area shall only be by a zoning amendment consistent with the intent and purpose of the Planned District except for changes which may increase the bulk of any building or a rearrangement of land use by not more than ten (10) percent.

(Zoning Ord. 2009, § 17.110.100)