Fairview City Zoning Code
Division 13
Planned Development Zone PD
§ 14.02.621 Purpose.
(a)
General.
The planned development zone (PD) is intended for large or complex developments planned as a single contiguous project which is developed in a manner guided by the town comprehensive plan that will preserve usable open spaces and landscape features. The PD is intended to allow single- or multi-use projects within its boundaries and provides greater design flexibility in the placement of buildings and structures on the land. Use of this zone is appropriate only when the resulting development is considered more beneficial to the community as a planned development than that which would occur using conventional zoning and subdivision regulations. PD zoning is appropriate if the PD enhances preservation of the natural environment; encourages high-quality development and innovative design; and ensures adequate public facilities and service for development within the PD.
(b)
Uses of planned development.
Planned development zoning shall be used to:
(1)
Define and condition land uses permitted within each zone, including expanding or restricting uses permitted by conditional use permit within a zoning district. Planned development zoning shall specify the location of land uses and define standards for operation and performance of land uses.
(2)
Specify development standards and actions required to protect the environment, preserve natural features and vegetation within the zone, and provide requirements for open space. The natural topography, soils, critical environment features, waterways and vegetation should be preserved and used, where possible, through careful location and design. A greenbelt, buffer zone or floodplain within a development tract may not be used toward the town land conveyance ordinance without approval through the specific PD ordinance.
(3)
Define development requirements pertaining to the size, height, bulk, coverage, placement, setback, configuration and number of buildings; set residential unit density; regulate the design and exterior appearance of buildings; define standards for lot size, dimensions and street frontage; and specify the location, extent and design standards for open space, landscaping, lighting, screening, noise, buffers, appurtenances, signage and amenities.
(4)
Specify the location and design of streets, private drives, parking, streetlights, street signage, pedestrian walkways and/or bikeways. Planned development zones may be used to modify the standards of road and subdivision ordinances related to design and private facilities, but only where a specific finding is made by the planning and zoning commission and the town council that the alternative standard does not decrease public safety, [or] impair traffic movement for safety and efficient use within the development. Roadways and pedestrian walkways shall be separated from public rights-of-way. Where appropriate, a system of walkways and bicycle paths connecting buildings, common open spaces, recreation areas, community facilities, and parking areas may be provided and appropriately lighted for night use.
(5)
Specify the timing, sequencing and phasing of development, including coordinating the type, location and intensity of development permitted at specific development milestones consistent with the construction and availability of public facilities and services.
(6)
Provide for the construction of public improvements such as sewer, water, drainage facilities and facilities on site or within public easements and rights-of-way abutting the site as required to serve and benefit development within the zone or as may be required to mitigate impacts resulting from the development on other properties and users outside of the zone. Standards within the subdivision, site plan, or roads ordinance for public improvements may be amended by a specific planned development zone.
(Ordinance 2013-3-5C adopted 3/5/13)
§ 14.02.622 Permitted uses.
Use of the PD zone will allow the development of unique patterns of residential and/or nonresidential uses. The PD zone may be used to accommodate average density single-family residential development, as provided for in section 14.02.625. The PD zone may also be approved for a conditional use or uses, or a class of generic uses such as office, retail, personal services, or educational facilities. The ordinance creating each specific PD will set forth permitted uses guided by the town comprehensive plan.
(Ordinance 2013-3-5C adopted 3/5/13)
§ 14.02.623 Prohibited uses.
Any use not consistent with the purposes of PD as described by section 14.02.622 herein or otherwise deemed by the town council as being detrimental to the health, safety or general welfare of the residents of the town shall be prohibited.
(Ordinance 2013-3-5C adopted 3/5/13)
§ 14.02.624 Application requirements.
(a)
General.
This section establishes an application review process for planned developments. An application for a PD zone shall be made to the planning and zoning commission in the same manner that an application for a zoning change is made. The process involves a series of phases, progressing from a preapplication conference regarding a site and development of a concept plan to approval of a detailed site plan. The first phase in the process is a preapplication conference with town staff. This meeting should result in a consensus between developers/builders in keeping with the town vision and goals relating to development and general technical requirements. The second phase is a concept plan. This plan establishes a general schematic for site development, primarily focusing on development parcels, vehicular access and circulation. Concept plans may be used to separate large properties into development parcels, for phasing site planning and development. Final site plan approval is the last phase in the process. Site plan approval may occur only after the PD ordinance for a specific tract has been approved. A site plan shall consist of a detailed, scaled drawing of all surface improvements, structures and utilities proposed for development. Site plan approval is required prior to the release of building permits. Concept and final site plans require review and vote by planning and zoning and approval by the town council.
(1)
Platting shall apply to any development or subdivision of land within a PD zone. All requirements of the subdivision regulations shall apply to the PD, except those variances that are specifically identified within a specific PD ordinance. Specific PD ordinance for each PD zone will be developed by the planning and zoning commission and must be followed by the developer/builder to complete the project.
(2)
The developer or builder shall provide sketches, diagrams, and calculations necessary to determine whether the proposed development conforms to the provisions of the specific PD.
(b)
Preapplication conference.
An applicant for a PD shall request a preapplication conference with the town manager and public works director. At the preapplication conference, the applicant shall provide a sketch plan that includes, but is not limited to, the following information: proposed land uses, density, preliminary water/sewer/street infrastructure, approximate gross square footage of nonresidential uses, access, projected height, topography, and environmental features.
(c)
Concept plan.
The concept plan shall consist of a general site assessment and development concept. A concept plan shall define a basic schematic design for development.
(1)
Purpose.
The purpose of the concept plan is to:
(A)
Evaluate the site’s natural condition, including vegetation, topography, drainage, surface and subsurface factors affecting the site’s development.
(B)
Determine building sites and the use, density, bulk and height of structures to be constructed.
(C)
Locate existing and proposed public streets and rights-of-way, and determine points of ingress and egress between the development and public streets, including median break and turn lanes.
(D)
Determine primary routes of vehicular circulation and parking areas internal to the development.
(E)
Delineate development phasing.
(F)
Other purposes related to the establishment of a planned development.
(2)
General application.
A concept plan shall be submitted with the PD application and shall be made part of the ordinance establishing a PD on a specific property. The concept plan shall include the information listed below on one dimensioned, engineer-scaled drawing on a sheet size 24" x 36" scale 1" = 100'. The concept plan shall include existing and proposed site conditions and improvements, including:
(A)
Site boundaries and dimensions, lot lines, site acreage and square footage, and approximate distance to the nearest cross street.
(B)
Location map, north arrow, scale, and title block and site data summary table.
(C)
Topography at one-foot contours or less referenced to sea level datum.
(D)
Natural features including tree masses and anticipated tree loss, floodplains, drainageways and creeks.
(E)
Land use on site and on adjacent properties, including the assignment of use to specific locations within the plan.
(F)
Maximum allowable building coverage density and height, minimum building setbacks and use. Illustration of the approximate shape and placement of buildings is required.
(G)
Existing and proposed public streets, private drives and fire lanes with pavement widths, rights-of-way, median openings, turn lanes (including storage and transition space), and driveways (including those on adjacent property) with approximate dimensions, radii and surface type.
(H)
Proposed dedications and reservations of land for public use including but not limited to: rights-of-way, easements, park land, open space, drainageways, floodplains and facility sites.
(I)
Phases of development, including delineation of areas, building sites, land use and improvements to be constructed in independent phases and the scheduled timing and sequencing of development.
(J)
Proposed covenants or site restrictions required.
(K)
The applicant may request that the town manager waive any of the above requirements that are not necessary or are not applicable for the review of a specific development. However, when a waiver is granted it will be documented via a cover sheet attached to the application and includes a date at which the items will be provided. The town manager may waive only application requirements.
(L)
(i)
If the applicant has not submitted a revised plan, a site or construction plan, or a plat, within a two-year period immediately following approval of a concept plan by the town council, then the concept plan shall be deemed to have expired at the end of said two-year period and the applicant shall thereafter be required to resubmit the concept plan, a revision thereto, or a new concept plan for review and approval by the planning and zoning commission and the town council before any development project may proceed.
(ii)
If an applicant desires to request an extension beyond the two-year expiration period, then said applicant shall submit - before the expiration of the two-year expiration period - a written request justifying each reason for that extension to the town staff, which shall make its recommendation based on the merits of said request. Said extension request shall require a public hearing before the planning and zoning commission and town council. An extension shall not exceed one year from the expiration date of the original concept plan. An extension request may be approved or denied by the town council.
(iii)
The two-year expiration period shall be instituted upon adoption by the town council of this ordinance amendment. All concept plans that are existing and were previously approved prior to the adoption of this amendment shall maintain the three-year expiration period, and those concept plans that are existing and were previously approved when the expiration period was twelve years or five years, shall maintain the twelve-year or five-year expiration period.
(d)
Site plan.
The site plan is a detailed plan of the public and private improvements to be constructed.
(1)
Purpose.
The purpose of the plan is to:
(A)
Ensure compliance with applicable development regulations and previously approved, valid plans affecting development of the property.
(B)
Determine the design of public street improvements and rights-of-way, the design and location of drives, medians, alleys, and parking.
(C)
Determine location and design of open space, landscaping, walls, screens and amenities.
(D)
Determine the design of drainage facilities and utilities.
(E)
Coordinate and document the design of public and private improvements to be constructed.
(F)
Coordinate the subdivision of land, including the granting of easements, development agreements and provision of surety.
(G)
Determine the placement, configuration, coverage, size and height of buildings.
(2)
General application.
The property owner/developer shall file with the town manager an application for the approval of a site plan after the PD ordinance for a tract has been approved. The site plan must be in accordance with the concept plan and the conditions contained in the PD ordinance. For single-family development, a final plat shall serve as the site plan. This application shall include the information listed below on one dimensioned, scaled drawing on a sheet size 24" x 36" scale 1" = 100'. The drawing shall include existing and proposed site conditions and improvements, including:
(A)
Building locations including dimensions, size, density and finished floor elevations of structures referenced to sea level datum.
(B)
Parking areas and structures, street names, medians, alleys, and spaces, handicap spaces, ramps, crosswalks and loading areas with dimensions.
(C)
Access easements and off-site parking.
(D)
Dumpster and trash compactor locations and screening.
(E)
Screening walls/fences, living screens, retaining walls, headlight screens and service area screens, including height and type of construction and planting specification.
(F)
Landscaping and open space areas with dimensions and total square footage (a landscape plan shall be required).
(G)
Water and sanitary sewer mains and service lines with sizes, valves, fire hydrants, manholes, and other structures on site or immediately adjacent to the site specified. Grading, drainage, and storm sewer lines shall also be included, if any.
(H)
Water and sewer connections, meter locations, size, and meter and/or detector check valve vaults indicated. Table of the number of water meters by size and noting if they are existing or proposed.
(I)
Inlet, culverts and other drainage structures on site and immediately adjacent to the site.
(J)
Engineering plans.
(K)
Traffic impact analysis.
(L)
Landscape and irrigation plans.
(M)
Tree preservation and protection plan.
(N)
Facade and signage plans.
(O)
Legal instrument establishing a plan for permanent care, replacement, and maintenance of any living screen buffer, plants on any common areas or commonly owned facility.
(P)
Proposed covenants or site restrictions.
(Q)
Location map, labeling adjacent property owners.
(R)
Owners’ certificate.
(S)
The applicant may request that the town manager waive any of the above requirements that are not necessary or are not applicable for the review of a specific development. However, when a waiver is granted it shall be documented via a cover sheet attached to the application and includes the date(s) at which the items will be provided. The town manager may waive only application requirements.
(Ordinance 2013-7-2D, sec. 2, adopted 7/2/13; Ordinance 2013-3-5C adopted 3/5/13)
§ 14.02.625 Average density single-family residential development.
(a)
Purpose.
The average density single-family residential development procedures and requirements are designed to allow for development of single-family homes that may have lot sizes smaller than what would otherwise be required under the applicable underlying zoning district (“base zoning district”); provided, however, that the town council finds that the proposed lot sizes and development configuration as a whole would significantly enhance what would otherwise result from application of the base zoning district.
(b)
Specific requirements.
(1)
An average density (AD) development shall not be approved “by right,” and any approval is subject to the requirements set forth in this section and other conditions that may he placed upon any given AD development. An applicant shall proceed through the zoning public hearing process, and shall only be granted AD development approval after review and recommendation by the town staff and planning and zoning commission, and review and approval by the Fairview town council. Approval of an AD development shall be by ordinance, and shall result in a new zoning district classification for the subject property.
(2)
While an AD development can have varied lot sizes, the overall number of lots proposed for the subject property may not exceed the maximum number of lots allowed under the base zoning district. The following methodology for determining the maximum number of lots in an AD development shall apply:
(A)
In determining maximum number of lots for an AD development, the gross acreage of the subject property, less 20% of the gross acreage, as estimated for the provision of right-of-way, shall be used to determine the net developable area and the maximum number of lots on the subject property given its base zoning district.
(B)
Alternatively, if an applicant believes that the methodology described in subsection (2)(A) above would not accurately determine the developable area and maximum number of lots on the subject property, an applicant may opt to submit a concept plan for the subject property that fully conforms to the subdivision regulations and the existing base zoning district (or projected density under the future land use plan if the base zoning district is AG) for the property. If upon staff review, the preliminary plan does in fact fully conform to all applicable town ordinances and regulations, then the number of lots provided for in that concept plan shall be deemed to be the maximum number of lots permitted for that particular AD development.
(3)
The AD development process shall only be considered for properties with base zoning of AG, RE-1.5, RE-2, and/or RE-3. For lots that are zoned AG, the projected residential density shall be based on the recommendations of the future land use plan.
(4)
No lot in any AD development shall be less than:
(A)
1.5 acres if the base zoning district is RE-2 and/or RE-3 (or if the property is zoned AG and has projected density same as RE-2 and/or RE-3); or
(B)
1 acre if the base zoning district is RE 1.5 (or if the property is zoned AG and has projected density same as RE-1).
(5)
In AD developments, lot coverage, building setbacks and minimum lot widths shall conform to the requirements provided for in the RE-1 zoning district.
(6)
A preapplication meeting with the town’s planning department staff shall be mandatory as part of the AD development process.
(c)
Average density development amenities.
(1)
As a condition of AD development approval, the following types of amenities (as well as others that may be required by the town) must be shown in the applicant’s plan, which must also include a schedule for installing/constructing/establishing/ maintaining such amenities:
(A)
Additional open space and/or open space accessible to the public and/or additional active or passive recreational facilities.
(B)
Enhanced landscaping requirements.
(C)
Additional linkages/components to a community trail system (hike, bike, pedestrian, equestrian).
(D)
Additional preservation and/or enhancement of Fairview’s historic, social and/or cultural amenities.
(E)
Art.
(F)
Plazas.
(G)
Children’s play area(s)/playgrounds.
(H)
Enhanced preservation of natural areas and/or environmentally sensitive areas.
(I)
Picnic facilities and shelters.
(J)
Existing scenic views or vistas being required to remain unobstructed, especially from public streets.
(K)
Other public benefits and/or amenities.
(2)
In certain circumstances, AD development applicants may request the establishment of amenities that are larger and/or require more acreage than typical AD development amenities. Under such circumstances, the minimum AD lot size otherwise set forth in this section may be considered for further reduction, based on review and recommendation of town staff and the planning and zoning commission with final approval of the town council. However, under no circumstances shall the number of lots exceed the maximum number established under this section.
(Ordinance 2013-3-5C adopted 3/5/13)
§ 14.02.626 Design standards and specifications.
(a)
The following design standards and specifications are incorporated by reference into this division:
Articles 3.01 through 3.11 (building regulations) |
Article 3.12, division 2 (flood damage prevention). |
Article 3.13 (signs and billboards). |
Article 3.15 (trees). |
Article 3.16, division 2 (roads). |
Articles 5.04 through 5.06 (fire prevention and protection). |
Article 10.02 (subdivisions). |
Articles 13.03 through 13.05 (water and sewers). |
Article 14.02 (zoning). |
Article 14.03 (site plan review). |
(b)
The minimum size for a PD east of S.H. 5 must be 500 acres, except that in areas east of S.H. 5 and north of Sloan Creek, the minimum size for a PD must be 250 acres. The minimum size for a PD west of S.H. 5 must be five acres.
(Ordinance 2013-3-5C adopted 3/5/13)
§ 14.02.627 Amendments to PD adopted by ordinance; concept plans and site plans.
At any time following the approval of a concept plan, preliminary site plan or site plan, the property owner(s) may request an amendment. Amendments are classified as major or minor.
(1)
Minor amendments.
The town manager or designated representative may approve or disapprove a minor amendment to plans adopted by ordinance provided the amendment does not:
(A)
Change or alter the basic relationship of the proposed development to adjacent property.
(B)
Increase the density or intensity of development.
(C)
Substantially alter the arrangement of buildings, increase the number of buildings or change the use of building space designated on the original plan.
(D)
Substantially alter the configuration of streets or lots.
(E)
Increase the height of buildings.
(F)
Substantially alter vehicular circulation or placement of parking areas.
(G)
Reduce or lessen the effectiveness of open space, landscaped buffers and edges.
(H)
Conflict with other regulations specified within the ordinance establishing the district.
(2)
Major amendment.
All other amendments shall be considered major amendments and shall be considered by planning and zoning and town council at individual public meetings in accordance with the same procedures and requirements for the approval of a plan.
(Ordinance 2013-3-5C adopted 3/5/13)
§ 14.02.628 Review or modification of zoning.
The planning and zoning commission or town council may, upon reasonable necessity, call a public meeting to review, evaluate and/or modify any specific planned development zone. Such review, evaluation or modification may be initiated as a result of one or more of the following circumstances:
(1)
Error or ambiguity.
A provision of a specific planned development that is incorrectly recorded or incorrectly engineered to prevent reasonable or logical administration of the existing development;
(2)
Nonperformance.
A condition in which the property is not developed in accordance with the specific planned development;
(3)
Inaction.
No material action toward development of the property is taken for a period of two years from the date the planned development is granted final approval by town council; or
(4)
Violation or noncompliance.
Repeated failure of the owner/developer, after written request and reasonable opportunity to cure, to comply with the requirements and provisions of the planned development.
(Ordinance 2013-3-5C adopted 3/5/13)
§ 14.02.629 Revocation of approval.
The town council may revoke approval of a concept plan, or site plan if it determines that the conditions of the approval have not been met after written demand to the owner/developer and failure to cure the same within a reasonable amount of time (as determined by the town manager).
(Ordinance 2013-3-5C adopted 3/5/13)
§ 14.02.630 Fees; forms; procedures.
(a)
The developer or builder is required to pay all fees associated with the planning process and reimburse the town for additional costs required for legal, engineering, or other consultants’ opinions and review of the development.
(b)
Procedures, forms and standards with regard to the content, format and number of copies of information constituting an application for concept plans, preliminary site plans and site plans shall be established by the town manager or designated representative.
(Ordinance 2013-3-5C adopted 3/5/13)
§ 14.02.631 Conclusion and penalty clause.
(a)
All provisions of the ordinances of the town in conflict with the provisions of this division are hereby repealed, and all other provisions of the ordinances of the town, not in conflict with the provisions of this division, shall remain in full force and effect.
(b)
The repeal of any ordinance or part of ordinances effectuated by the enactment of this division shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this division.
(c)
Any person, firm or corporation violating any of the provisions or terms of this division shall be subject to the same penalty as provided for in section 14.02.021, and upon conviction, shall be punished by a fine not to exceed the sum of $2,000.00 for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(Ordinance 2013-3-5C adopted 3/5/13)
