PLANNED DEVELOPMENT DISTRICT
It may be desirable that certain areas of the city develop in accordance with plans prepared and approved in advance of development. To encourage such planned developments, administrative and regulatory provisions are provided as set out in this article. The planned development district (PD) is designed to promote, through unified planning and development, more efficient land use, more sensitive treatment of natural features, harmonious integration of diverse activities, and creative urban design.
(Ord. No. 2006-14, § 17-16, 7-11-2006)
Development of planned development districts shall be in accordance with the following general requirements, when applicable:
(1)
Land shall be under unified control, planned and developed as a whole. Development of all land and structures shall occur in a single operation or definitely programmed series of operations.
(2)
Principal and accessory structures and uses shall be substantially related to the character of the district.
(3)
Development shall occur according to comprehensive and detailed plans which indicate such features as street and utility layout, lots or building sites, site design, floor plans, building elevations, and other improvements to the land.
(4)
A program shall be devised for provision, operation, and maintenance of common areas and facilities that will not be financed at general public expense.
(5)
Planned development districts shall be located in regard to public utility systems such that neither extension nor enlargement of such systems will be required in a manner which results in a higher net public cost or earlier incursion of public cost than would result from development permitted by more conventional zoning for the area.
(6)
Planned development districts shall be located in relation to public facilities so as to have similar access as would development permitted under more conventional zoning. Furthermore, development shall occur such that access and net cost of public service provision is not greater than that which would be incurred for development permitted under more conventional zoning.
(7)
Planned development districts shall be located in relation to arterial and collector streets so as to provide direct access without increasing traffic along minor streets in residential areas outside the district.
(Ord. No. 2006-14, § 17-17, 7-11-2006)
A planned development district may be approved to include any use or combination of uses shown as being permitted in the PD zoning district in section 40-34. Uses permitted within any specific PD district shall be enumerated in the ordinance establishing the district.
(Ord. No. 2006-14, § 17-18, 7-11-2006)
(a)
Application requirements. Any person, firm, or corporation may file an application for a planned development district provided they own the property proposed for rezoning to a PD district. An application for zoning district change to a PD district shall be submitted to the building inspector, or his designee, at least 45 days prior to public hearing by the planning and zoning commission, as set forth in article VIII of this chapter concerning amendment procedures for zoning change requests. Application for zone change to a residential PD district shall be submitted at least 20 days prior to public hearing. Applications for all types of PD districts, except a residential PD district, shall contain each of the following items:
(1)
A legal description of the property under consideration, which also shows that such property includes the minimum acreage required for that type of PD district.
(2)
A fully dimensioned map of the land including topographic information at a contour interval of two feet.
(3)
Designation of areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public and semipublic uses.
(4)
Indication of residential dwelling intensity.
(5)
A copy of all agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PD district and any of its common areas.
(6)
A site plan, clearly drawn and dimensioned, showing the location and arrangement of the following features:
a.
Existing and proposed principal and accessory structures (except for single-family and duplex residences).
b.
Existing and proposed streets and alleys.
c.
Existing and proposed driveways, parking and maneuvering areas, and sidewalks.
d.
Lots proposed to be platted.
e.
Landscaping, including screening walls and fences.
f.
Open areas.
g.
Existing and proposed drainage facilities.
h.
Existing and planned public utilities.
i.
Existing and proposed uses.
(7)
A vicinity map showing the location of the site in relation to the surrounding neighborhood.
(8)
A statement listing and fully explaining the specific modifications of the provisions of this chapter which are desired, as well as the purposes for which the modifications are intended.
(9)
A tentative development schedule outlining a timetable for completion of the entire project.
(b)
Site plan required. A comprehensive site plan, as specified within this subsection, shall be required by the planning and zoning commission and the city council for development of a PD district. The site plan shall be approved and filed with the building inspector as part of the district ordinance prior to issuance of any building permit in the PD district. Such plan and ordinances shall set forth all development and protective requirements considered necessary, as determined by the building inspector.
(c)
Conditions for approval.
(1)
Each PD district shall constitute an amendment to this chapter. In approving the PD district, the planning and zoning commission may recommend conditional approval, and the city council may impose certain conditions relative to standards regulated by this article. Such conditions shall be complied with before a certificate of occupancy and compliance is issued for the use of any structure within the PD district.
(2)
Any planned development district may have less than the minimum acreage requirements set forth in the types of planned development districts as specified in this article if the proposed use is allowed within the existing zoning district and the planned development is for reasons other than the classification of the use.
(d)
Public facilities and improvements.
(1)
All facilities or improvements within public rights-of-way shall be provided in accordance with design standards set forth within this Code.
(2)
All facilities or improvements within private rights-of-way or easements must meet city material standards and construction specifications.
(3)
Rights-of-way or easements for private streets shall comply with classification standards as set forth within this Code, and paving, curb and gutter shall be provided according to the standards as set forth therein.
(e)
Identification and recording.
(1)
Each PD district shall be indicated on the zoning map. The boundaries of a PD district may be altered or adjusted only in accordance with the amendment provisions set forth herein.
(2)
The first PD district shall be shown on the zoning map as PD-1. Each subsequent PD district shall be assigned the next number. The building inspector shall maintain a register and file of all PD districts, including the site plan, a copy of the district ordinance, and all other pertinent information to the district.
(f)
Failure to begin development. At the time a PD district is created, the planning and zoning commission shall establish a date by which development must begin. If development does not proceed within this time limit, the commission shall examine the circumstances and recommend to the city council that:
(1)
Time limits for all or part of the PD district are extended, indicating suggested length of extensions; or
(2)
All or part of the development be rezoned to its former status as appears appropriate under the circumstances.
(g)
Minimum size.
(1)
A planned development zoning district shall be no less than two acres in size.
(2)
An area less than two acres in size may also be requested for consideration as a PD district if one of the following criteria is met:
a.
The area proposed for rezoning abuts a zoning district that allows for a use permitted in a contiguous district and provides a visual and land use buffer to the more restrictive adjacent zoning district;
b.
The area proposed for rezoning has frontage on a freeway, arterial or other street of equal importance to an arterial (not collector streets in residential areas) and provides a visual and land use buffer to adjacent more restrictive zoning districts or developments;
c.
The proposed use is allowed within the existing zoning district and the planned development is for reasons other than the classification of the use.
(Ord. No. 2006-14, § 17-19, 7-11-2006)
The city council, after recommendation by the planning and zoning commission, may grant a waiver to the minimum requirements for lot area, lot width, lot depth, and front, side and rear yards when the overall development is in keeping with the requirements of this article.
(Ord. No. 2006-14, § 17-20, 7-11-2006)
PLANNED DEVELOPMENT DISTRICT
It may be desirable that certain areas of the city develop in accordance with plans prepared and approved in advance of development. To encourage such planned developments, administrative and regulatory provisions are provided as set out in this article. The planned development district (PD) is designed to promote, through unified planning and development, more efficient land use, more sensitive treatment of natural features, harmonious integration of diverse activities, and creative urban design.
(Ord. No. 2006-14, § 17-16, 7-11-2006)
Development of planned development districts shall be in accordance with the following general requirements, when applicable:
(1)
Land shall be under unified control, planned and developed as a whole. Development of all land and structures shall occur in a single operation or definitely programmed series of operations.
(2)
Principal and accessory structures and uses shall be substantially related to the character of the district.
(3)
Development shall occur according to comprehensive and detailed plans which indicate such features as street and utility layout, lots or building sites, site design, floor plans, building elevations, and other improvements to the land.
(4)
A program shall be devised for provision, operation, and maintenance of common areas and facilities that will not be financed at general public expense.
(5)
Planned development districts shall be located in regard to public utility systems such that neither extension nor enlargement of such systems will be required in a manner which results in a higher net public cost or earlier incursion of public cost than would result from development permitted by more conventional zoning for the area.
(6)
Planned development districts shall be located in relation to public facilities so as to have similar access as would development permitted under more conventional zoning. Furthermore, development shall occur such that access and net cost of public service provision is not greater than that which would be incurred for development permitted under more conventional zoning.
(7)
Planned development districts shall be located in relation to arterial and collector streets so as to provide direct access without increasing traffic along minor streets in residential areas outside the district.
(Ord. No. 2006-14, § 17-17, 7-11-2006)
A planned development district may be approved to include any use or combination of uses shown as being permitted in the PD zoning district in section 40-34. Uses permitted within any specific PD district shall be enumerated in the ordinance establishing the district.
(Ord. No. 2006-14, § 17-18, 7-11-2006)
(a)
Application requirements. Any person, firm, or corporation may file an application for a planned development district provided they own the property proposed for rezoning to a PD district. An application for zoning district change to a PD district shall be submitted to the building inspector, or his designee, at least 45 days prior to public hearing by the planning and zoning commission, as set forth in article VIII of this chapter concerning amendment procedures for zoning change requests. Application for zone change to a residential PD district shall be submitted at least 20 days prior to public hearing. Applications for all types of PD districts, except a residential PD district, shall contain each of the following items:
(1)
A legal description of the property under consideration, which also shows that such property includes the minimum acreage required for that type of PD district.
(2)
A fully dimensioned map of the land including topographic information at a contour interval of two feet.
(3)
Designation of areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public and semipublic uses.
(4)
Indication of residential dwelling intensity.
(5)
A copy of all agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PD district and any of its common areas.
(6)
A site plan, clearly drawn and dimensioned, showing the location and arrangement of the following features:
a.
Existing and proposed principal and accessory structures (except for single-family and duplex residences).
b.
Existing and proposed streets and alleys.
c.
Existing and proposed driveways, parking and maneuvering areas, and sidewalks.
d.
Lots proposed to be platted.
e.
Landscaping, including screening walls and fences.
f.
Open areas.
g.
Existing and proposed drainage facilities.
h.
Existing and planned public utilities.
i.
Existing and proposed uses.
(7)
A vicinity map showing the location of the site in relation to the surrounding neighborhood.
(8)
A statement listing and fully explaining the specific modifications of the provisions of this chapter which are desired, as well as the purposes for which the modifications are intended.
(9)
A tentative development schedule outlining a timetable for completion of the entire project.
(b)
Site plan required. A comprehensive site plan, as specified within this subsection, shall be required by the planning and zoning commission and the city council for development of a PD district. The site plan shall be approved and filed with the building inspector as part of the district ordinance prior to issuance of any building permit in the PD district. Such plan and ordinances shall set forth all development and protective requirements considered necessary, as determined by the building inspector.
(c)
Conditions for approval.
(1)
Each PD district shall constitute an amendment to this chapter. In approving the PD district, the planning and zoning commission may recommend conditional approval, and the city council may impose certain conditions relative to standards regulated by this article. Such conditions shall be complied with before a certificate of occupancy and compliance is issued for the use of any structure within the PD district.
(2)
Any planned development district may have less than the minimum acreage requirements set forth in the types of planned development districts as specified in this article if the proposed use is allowed within the existing zoning district and the planned development is for reasons other than the classification of the use.
(d)
Public facilities and improvements.
(1)
All facilities or improvements within public rights-of-way shall be provided in accordance with design standards set forth within this Code.
(2)
All facilities or improvements within private rights-of-way or easements must meet city material standards and construction specifications.
(3)
Rights-of-way or easements for private streets shall comply with classification standards as set forth within this Code, and paving, curb and gutter shall be provided according to the standards as set forth therein.
(e)
Identification and recording.
(1)
Each PD district shall be indicated on the zoning map. The boundaries of a PD district may be altered or adjusted only in accordance with the amendment provisions set forth herein.
(2)
The first PD district shall be shown on the zoning map as PD-1. Each subsequent PD district shall be assigned the next number. The building inspector shall maintain a register and file of all PD districts, including the site plan, a copy of the district ordinance, and all other pertinent information to the district.
(f)
Failure to begin development. At the time a PD district is created, the planning and zoning commission shall establish a date by which development must begin. If development does not proceed within this time limit, the commission shall examine the circumstances and recommend to the city council that:
(1)
Time limits for all or part of the PD district are extended, indicating suggested length of extensions; or
(2)
All or part of the development be rezoned to its former status as appears appropriate under the circumstances.
(g)
Minimum size.
(1)
A planned development zoning district shall be no less than two acres in size.
(2)
An area less than two acres in size may also be requested for consideration as a PD district if one of the following criteria is met:
a.
The area proposed for rezoning abuts a zoning district that allows for a use permitted in a contiguous district and provides a visual and land use buffer to the more restrictive adjacent zoning district;
b.
The area proposed for rezoning has frontage on a freeway, arterial or other street of equal importance to an arterial (not collector streets in residential areas) and provides a visual and land use buffer to adjacent more restrictive zoning districts or developments;
c.
The proposed use is allowed within the existing zoning district and the planned development is for reasons other than the classification of the use.
(Ord. No. 2006-14, § 17-19, 7-11-2006)
The city council, after recommendation by the planning and zoning commission, may grant a waiver to the minimum requirements for lot area, lot width, lot depth, and front, side and rear yards when the overall development is in keeping with the requirements of this article.
(Ord. No. 2006-14, § 17-20, 7-11-2006)