The purpose of the planned area development overlay district (PAD) is to provide for the orderly development of land consistent with the zoning ordinance of the town of Eagar while permitting flexibility in the design and development of residential, commercial and/or industrial environments of a quality which could not be achieved by traditional lot by lot development under conventional zoning concepts. It is recognized that while the conventional zoning districts and the requirements of those districts set forth in the zoning ordinance are reasonable, there may be circumstances in which it is in the best interest of the town that a property owner may develop land in the town utilizing unique and/or creative designs and techniques in such a manner as to promote its most appropriate use, to allow diversification of use, to facilitate the adequate and economical provision of streets and utilities, to preserve and utilize open space, to offer recreational opportunities close to residential uses, to enhance the appearance of neighborhoods, to counteract adverse effects of urbanization and to provide for the unified control of development of land.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

The minimum size for any PAD district shall be twenty acres. The town council shall have the authority to consider smaller acreage as the circumstances necessitate.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A PAD district may consist of one or more underlying zoning districts as permitted by the zoning ordinance of the town of Eagar. An "underlying zoning district" shall mean those zoning districts set forth in Chapters 18.20 through 18.52 of the zoning code of the town of Eagar.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

An applicant for a PAD must certify, in writing, that a member of each of the following professions will be used in the planning and design process for the proposed development:

1.

A licensed architect or professional designer with experience in PAD design.

2.

A registered engineer and/or land surveyor.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

Modification of the requirements of the underlying zoning district shall be permitted only upon a finding that the proposed land use will include all or a minimum of eighty percent of the design elements and/or amenities indicated in Section 18.64.060. The town council may determine, that due to the complexity of the project, sensitivity of the area of the scale of the project, other design element and/or amenities shall be required along with PAD approval, which may exceed or be in lieu of the minimum eighty percent design elements provided.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

The following are the minimum required design elements and amenities for a PAD:

1.

Delineation of Common Open Space Requirement. (Roads are not considered open space)

a.

Common open space is defined as, dedication of land within the PAD for public use, parks, green belts and trail systems, etc.

2.

Varied types and intensities of development must be incorporated.

3.

Site analysis information must completely support the land use proposals contained in the PAD.

4.

A mix of housing types, such as single-family attached and detached single-family cluster homes, patio homes, townhouses and apartments shall be incorporated into the PAD.

5.

Manufactured homes will only be allowed in the PAD designated for that purpose by the developer and approved by the planning and zoning commission and town council. If manufactured homes are approved in the PAD, all areas of this nature will include buffering and screening from other types of housing. The planning and zoning commission and town council will approve the buffer area, style and type of screening.

6.

Higher density or intensity developments abutting lower density or intensity areas shall include buffering and shall substantially mitigate any negative impacts. Mitigation through buffering techniques shall be provided as required by the planning and zoning commission and town council.

7.

Natural features shall be preserved through transfer of development densities and similar strategies.

8.

If planned, office, technical and corporate employment facilities scaled (built in proportion relative to size and lot coverage) to the surrounding area.

9.

Multifamily resident developments, at moderate to higher densities, have access to arterial or collector roadways.

10.

Multifamily (apartment or condominium) developments have planned-in, useable, recreational and other amenities.

11.

Recreational facilities and appropriate links to open space amenities are provided.

12.

Bike lanes are included in all planned arterial, and collector improvements, deemed appropriate in the development review process.

13.

Homeowner associations are required to maintain all right-of-way landscaping, pedestrian bicycle, and equestrian paths along arterial, collector and minor roads.

14.

Safe pedestrian/bicycle access to schools and parks is provided within the boundary of the PAD.

15.

Sidewalks or related pedestrian facilities are incorporated within neighborhoods.

16.

If planned, fully dedicated equestrian paths should lead to a proposed and/or determinable trail system.

17.

All new roadway and future pedestrian-bicycle improvements will meet the minimum requirements of the town of Eagar road design standards.

a.

Public Service and Facilities Element.

i.

A letter from the superintendent of schools indicating whether a site for schools needs to be set aside.

ii.

Park sites that are intended to be open to the public, where dedication to the town is proposed, shall be in accordance with adopted standards.

b.

Community Design Element.

i.

Building height and bulk are moderate to low intensity, in harmony with the individual site attributes and are complete, relative to scale and intensity to surrounding developments.

c.

Open Spaces and Recreational Element.

i.

Pedestrian, equestrian and bicycle trails are designated.

ii.

Recreation and open space facilities are linked to the community open space network as applicable.

d.

Architectural Design Features.

i.

Harmonious use of building materials.

ii

Variations in dwelling and/or building types.

iii.

Residential design guidelines are provided, which provide a minimum of seven conceptual standard plans, and may include: Variation in building setbacks, detached garages, recessed garages if attached to the principle building and fencing alternatives.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

The applicant shall provide an application for rezoning and PAD approval on forms provided by the community development department with all applicable information. Additional information may be necessary as required by the community development department to adequately review the project.

B.

A master plan shall be submitted with PAD and rezoning application including the following documents and information:

1.

A narrative brochure and/or report including the following as a minimum:

a.

Map indicating the land use parcel sizes and zoning categories. Said map shall be dimensioned, indicating acreage of land uses and zoning district proposed. Number of units proposed for each parcel, with gross and net densities as defined by the general plan.

b.

A plan with notes specifying the intended land uses types of structures and intensities, primary points of access and major interior street alignments; site perimeter setbacks and typical landscaping and screening treatment.

c.

A schedule for development (i.e., phasing schedule) of the specific, proposed use or uses for which rezoning is required. The schedule for development shall include a construction schedule for various phases of the development if construction phases are anticipated.

d.

Traffic impact study, indicating at a minimum the areas for which signage shall be warranted, and anticipated demand on local streets.

e.

Residential design guidelines, indicating at a minimum, typical lot(s), setbacks, architectural style, types of materials permitted and the overall theme of the various districts.

f.

Preliminary drainage report.

g.

Evidence in both narrative and graphic form, that compliance with Section 18.64.060 has occurred.

C.

Neighborhood Meeting Required. The applicant is required to meet with interested residents and property owners within three hundred feet of the boundaries of the proposed master plan. The purpose of the meeting is to provide information to the adjacent property owners and citizens (with the intent to resolve potential conflicts prior to the required formal hearing.) The applicant shall notify all landowners within three hundred feet of the boundaries of the master plan, the town of Eagar and any neighborhood associations on record with the town by first class mail. Notice of the neighborhood/applicant meeting shall be mailed no less than thirty days prior to the scheduled planning and zoning commission public hearing date, with the neighborhood meeting occurring not less than fifteen days prior to the first scheduled hearing date with the planning and zoning commission. Documentation of the attendees and minutes of the meeting(s) shall be provided by the applicant to the community development department. All meeting(s) shall be held within the town of Eagar corporate limits.

D.

The planning and zoning commission shall hold a hearing to consider the proposed rezoning and master plan.

E.

The planning and zoning commission may recommend approval to the town council the request for modification to the requirements of the underlying zoning districts, when the planning commission finds that the proposed PAD development satisfies the following findings:

1.

That the requested modifications to the requirements of the zoning ordinance and the underlying zoning districts are in the best interest of the town and are beneficial to the town. In that a higher quality or more appropriate design can be achieved by not requiring strict adherence to the terms and regulations of the underlying zoning district.

2.

That strict adherence to the requirements of the zoning ordinance is not required in order to insure the health safety and welfare of the future occupants of the proposed development.

3.

That strict adherence to the requirements of the zoning ordinance is not required in order to insure that property values of adjacent properties will not be reduced.

4.

That the proposed development is consistent with and conforms to the goals, objectives and policies of the general plan.

F.

Following the public hearing by the planning and zoning commission, the town council may adopt the master plan and approve the underlying zoning district by ordinance. Such ordinance shall set forth:

1.

Any schedule for development for the specific use or uses for which the rezoning is being requested;

2.

Any modifications to the requirements of the underlying zoning district or districts that may be approved;

3.

A stipulation that the rezoning is conditionally approved subject to the approval of the final development plan or final plat and start of construction within two years from the approval of the final development plan or the final plat. If construction is not commenced within two years the application must be resubmitted to the planning and zoning commission and town council for re-approval.

G.

The council may conditionally approve or disapprove any application for PAD overlay zoning. Conditional approval may include conditions deemed appropriate by the council to ensure that all required elements as stipulated in Section 18.64.060 are substantiated.

H.

Upon the effective date of the ordinance, the zoning map shall be amended to designate the affected area with a PAD symbol or symbols on the subject property.

I.

A PAD overlay zone shall contain as a condition of rezoning, a requirement for final development plan (final development plan shall mean final plat plan) approval within two years, in accordance with the master plan approved by the council and adopted as an amendment to the zoning map.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Within two years of the effective date of the amendment, the applicant shall file with the planning and zoning commission the following documents:

1.

A final development plan or final plat incorporating a fully dimensioned plan identifying the land use parcel dimensions, acreages, locating all proposed streets, structures, parking areas, landscaped areas, walls, sidewalks and other elements of the first phase of the proposed project.

2.

A survey map noting the property boundaries and legal description, topography, existing structures, adjacent streets (location, name and width) and significant natural features.

3.

The survey map and conceptual plan should be combined into one plan and may include other data as requested by the community development department to assure compliance with this chapter.

4.

Typical building elevations for all residential units and specific building elevations for any commercial or recreational buildings.

B.

The final development, or final plat for each land use parcel, shall be in substantial conformance with the master plan and all requirements and conditions of the amendment adopted by council.

C.

The final development, site plan or plat may be submitted separately for each phase of development or as a whole; each submittal shall require a separate public hearing and approval by the planning commission and council prior to the vesting of the zoning and issuance of building permits. When the final development plan or final plat is submitted in phases, the first phase shall be submitted as indicated above and each subsequent phase within two years of approval of the previous phase.

D.

Where the PAD overlay district is used to impose special provisions regarding the design and development for a subdivision, the tentative plat as described in the town's subdivision code, Title 17, may constitute the applicant's master plan as well as the final plat provided that the master plan shall include all the elements and data provided for in this section.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Following adoption of the master plan or final plat, the plan or plat shall not be changed, amended or altered in any manner except as set forth herein. Any substantial change or alteration in the physical or special characteristics of the plan or its configuration shall be considered a rezoning and shall only be accomplished pursuant to this section.

(Ord. No. 2013-04, Exh. A, 5-7-2013)