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Highland City Zoning Code

ARTICLE 5

Planned Development PD District

3-500 Purpose

  1. The purpose of the Planned Development (PD) District is to:
    1. Promote the development of mixed use developments that include residential and non-residential development and developments that provide diversity of housing types.
    2. Provide a process which relates the uses, architecture, design and scale of the project to the characteristics of the site and surrounding properties.
    3. Require development to be supported by adequate utilities, transportation, and recreation areas to serve the development.
    4. Minimize impact on existing or future adjacent development.
    5. Encourage development that is consistent with the policies and the guidelines established in the General Plan.
  2. PD zones are not intended for use for standard residential development, in situations where a proposed development is reasonably feasible under one of the City’s existing zoning classifications.
HISTORY
Amended by Ord. O-2024-28 on 11/12/2024

3-510 Establishment Of A PD District

  1. General Provisions.
    1. All PD Districts shall have a mixed uses, such as a mix of residential and non-residential uses, including office, retail, and business park uses, or a mix of residential housing types, including moderate income housing, single-family and multi-family housing, and senior housing uses. PD Districts with only non-residential uses are also permitted.
    2. All PD districts are expected to include a commercial or mixed-use (residential and non-residential) component, unless such component is not feasible or desirable for the proposed PD District, as determined by the Land Use Authority in its discretion.
    3. All approved plans (site plans, subdivisions, buildings, documents and permits, etc.) shall conform to the approved PD Narrative.
  2. Rezoning Required. All PD Districts shall be established through the rezoning approval process. All actions establishing a PD District shall be considered a legislative action and shall be at the discretion of the Land Use Authority.
  3. Required Findings. The applicant shall address each of the required findings (set forth below) individually, and shall demonstrate with sufficient, objective information, how the proposed PD complies with each. The Land Use Authority following a recommendation from the Recommending Body, may approve a PD on the subject property pursuant to the City's legislative authority and discretion upon determining that all of the following findings have been met:
    1. The proposed PD is consistent with the General Plan;
    2. That there are or will be adequate public facilities, including but not limited to: transportation, water, wastewater, and public safety facilities, etc. 
    3. The proposed PD will result in compatible land use relationships and acceptable land use patterns with existing and planned land use in the area; and;
    4. The development standards of the proposed PD are consistent with or exceed the desired quality of development for the area.
  4. Conditions and Stipulations of Approval. The Land Use Authority may, in its sole discretion, approve a PD subject to conditions or stipulations. Conditions and stipulations included in the Land Use Authority action establishing a PD District shall become part of the regulations governing the use and development of the PD.
  5. PD Regulations. The PD Narrative, site plan, design standards and any other documents, exhibits or plans associated with the PD, in the form approved by the City, shall become part of the regulations governing the use and development of the PD and the Zoning Map shall be amended to reflect adoption of the PD and the related documents and plans.
  6. Expiration. Approval of any PD zoning is conditioned on development of the first phase of the project commencing within two years of the effective date of the ordinance approving the PD zoning on the property.
    1. Prior to the expiration of the two year time condition, the property owner or authorized representative may submit an application for an extension to the City. Upon receipt of a request for extension, the Zoning Administrator shall submit the request to the Land Use Authority for consideration at a public hearing.
    2. The Land Use Authority shall, after notices via certified mail to the property owner and authorized representative have been provided at least fifteen (15) days prior to the date of the scheduled hearing, hold a public hearing on the extension request. The Land Use Authority may, in its sole discretion, grant one extension of the time condition up to one-year. 
    3. In the event the project’s first phase has not commenced within the two year time period and no request for time extension has been received the Zoning Administrator may submit the PD to the Land Use Authority for consideration of reversion, pursuant to the hearing procedure set forth in below:
      1. The Zoning Administrator shall notify the property owner and authorized representative by certified mail of the Land Use Authority's intention to hold a hearing to determine compliance with the two year time condition, and to revert the zoning on the property to its former classification if the condition is determined by the Land Use Authority to have not been met. All such notices shall be made at least fifteen (15) days prior to the date of the scheduled hearing. The Land Use Authority may, in its sole discretion and as a legislative decision, either grant an extension of the time condition or revert the zoning on the property to its prior zoning classification.
    4. Following the commencement of the first phase of the project, the Zoning Administrator shall monitor the project to ensure compliance with the approved PD phasing schedule. Upon the Zoning Administrator’s initial determination that the phasing schedule is not being met, no further review or approval of any project site plan or plat shall occur until it is determined that good cause exists for delay in the construction of the project. Should the project fail to proceed as scheduled, a public hearing shall be held by the Land Use Authority to determine the cause of the delay. At the public hearing on the matter, if the Land Use Authority determines that there is not good cause for the delay, it may impose additional conditions on the PD to ensure compliance with the phasing schedule. If such additional conditions and the phasing schedule are not met, the Zoning Administrator may set the matter for public hearing, according to the process set forth above, on a possible reversion of the PD zoning. If the Land Use Authority determines that good cause exists, it may amend the PD development phasing schedule.
    5. For purposes of this section, the terms “commence,” “commencing” and commencement” shall mean physical vertical construction activity in accordance with a valid building permit issued by the City and/or the beginning of construction of on-site and off-site infrastructure including streets, sidewalks, water and wastewater, so long as such infrastructure is completed prior to expiration of the City-issued development permit issued therefore.
  7. Amendment.
    1. The Zoning Administrator or designee shall determine whether a proposed deviation from the approved PD District is a Major or Minor Amendment. Major Amendments shall require legislative approval by the Land Use Authority after recommendation by the Recommending Body. Minor Amendments shall require administrative approval by the Land Use Authority. No amendment to a PD will be approved without concurrent revision of its development plan.
    2. Major Amendment. Any one of the following shall be considered a Major Amendment of a PD:
      1. A ten percent (10%) or more increase in the number of dwelling units. 
      2.  Any reduction in acreage devoted to commercial uses. 
      3. A significant change in boundary lines of development units.
      4. Any change which could have significant impact on areas adjoining the PD.
      5. Any change which could have a significant traffic impact on roadways adjacent or external to the PD.
      6. Amending the uses allowed by adding a permitted use, a use permitted with conditions or a use requiring a Conditional Use Permit, unless the Zoning Administrator has determined that the use to be added is analogous to a permitted use.
      7. Changes to, or addition of, phasing for a PD when such changes impact twenty-five percent (25%) or more of the land area contained within the PD district.
    3. Minor Amendment. All amendments of a PD District not determined by the Zoning Administrator to be a Major Amendment shall be a Minor Amendment.
  8. Modification of Current Regulations.
    1. All PD Districts shall comply with the development standards in the Development Code. However, based upon a recommendation of the Recommending Body, the Land Use Authority, pursuant to its legislative authority and discretion, may approve modifications from standard Development Code requirements. 
    2. No modification of development standards shall be permitted unless the applicant provides substantial evidence indicating that the modifications will produce an environment superior to that which could have been produced by strict application of existing standards for comparable zoning districts. Additional mitigation measures may also be required.
  9. Phasing. The PD may provide for certain on-site and off-site infrastructure to be constructed in phases, subject to the following limitations:
    1. Complete construction of all public infrastructure improvements within the public right-of-way on the exterior of the PD site shall be included within the first phase of development, unless the Land Use Authority, in its sole discretion, allows for an alternate infrastructure improvement schedule as part of a development agreement or approved phasing plan. Each phase of development shall be able to function as a single entity.
    2. Prior to commencement of the first phase infrastructure improvements, the owner/applicant shall provide financial assurances in the amount determined by the City Engineer and in the form approved by the City Attorney, for construction of such portions of the infrastructure improvements located within the public right-of-way on the exterior of the PD.
    3. For mixed-use projects a proportionate share of residential and commercial buildings and/or uses shall be constructed concurrently as determined by the Land Use Authority.
HISTORY
Amended by Ord. O-2019-07 on 5/21/2019
Amended by Ord. O-2024-27 on 10/1/2024
Amended by Ord. O-2024-28 on 11/12/2024

3-520 PD Narrative And Development Plan

The narrative text shall provide uses and development standards for the PD District. The PD Narrative shall be both prescriptive and concise. The PD Narrative shall conform in formatting and organization to the PD application maintained by the Zoning Administrator or designee. The PD Narrative shall sufficiently address all of the following as individual sections:

  1. Introduction and Opening Statements.
    1. Describe the general location within the City, the property boundaries and the surrounding properties.
    2. Identify the land use designation(s) of the subject property in the General Plan, the current zoning and the improvements existing on the subject property (for example, vacant or buildings to be demolished).
    3. Provide the following statement - “The requirements of the Development Code, as amended, shall apply except where explicitly stated otherwise herein by this PD.”
  2. Proposed Uses.
    1. List permitted uses.
    2. List uses permitted with conditions.
    3. List uses permitted with a Conditional Use Permit.
    4. Provide the following statement - “All uses not specifically provided for herein are prohibited.”
  3. Density (Residential only). State the density for the overall project as well as the densities of each specific development subsection or neighborhood.
  4. Development Standards. State development standards that deviate from the Development Code. In the case where no development standard is provided in the PD Narrative, the Zoning Administrator shall determine the applicable development standard to apply. 
  5. Recreation Areas. Recreation areas shall be an integral part of a PD development, shall be provided in an amount commensurate to the size of the development, in minimum amounts not less than set forth below and shall, to the extent possible, be designed central to the internal functions of the site. 
    1. Residential Recreation Areas.
      1. A minimum of twenty percent (20%) of the net development areas shall be provided.
      2. The following areas shall count as recreation areas:
        1. Dedicated park sites with a minimum size of five acres, provided that the location, size and geometry are acceptable to the City.
        2. Dedicated tracts for bicycle, equestrian, hiking or multi-use trails.
        3. Private park, recreation areas, and clubhouses dedicated to, and maintained by, an Owners’ Association that meets the park improvement standards as determined in the development plan.
        4. Reserved or dedicated steep slope areas.
        5. Basketball, tennis or other sport courts, baseball, softball and soccer fields, tot lots and ramadas with barbeque areas.
        6. Any other areas deemed acceptable as determined by the City Council.
      3. The following areas that shall not count as recreation areas:
        1. Areas less than five thousand (5,000) contiguous square feet, unless such areas either are part of a larger trail system or contain significant project amenities, as determined by the City Council.
        2. Public rights-of-way, dedicated streets and alleys, vehicular drives, parking, parking landscape areas, loading and storage areas.
        3. Trails located behind lots unless approved by the City Council.
        4. Reserved school and park sites that require subsequent purchase of the land.
        5. Concrete or rock-lined areas designated primarily for the conveyance of water.
        6. Utility corridor easements, unless substantially improved to make the area usable for outdoor activities. Only that proportion substantially improved shall be counted as recreation areas. “Substantially improved” shall include any of the improvements listed, or any other improvements deemed substantial by the City Council.
      4. Meaningful recreation areas shall be included within all phases of a PD project and shall be provided proportional to the amount of development related to each phase, unless otherwise permitted by the Zoning Administrator and included in the phasing schedule.
    2. Commercial Recreation Areas.
      1. A minimum of ten percent (10%) of the net development area shall be provided.
      2. Recreation areas shall be provided in the form of pedestrian refuge areas with shaded seating, landscaped and hardscape plaza areas.
    3. Recreation areas shall be identified and reserved as tracts or parcels on a plat, or as easements when no plat is necessary. Maintenance of these areas shall be provided for by an Owners’ Association. A statement shall also be placed on the approved site plan or plat, as appropriate, stating that all landscaping shall be maintained by the Owners’ Association. All areas shall be maintained at a level consistent with the approved development plan.
    4. All recreation areas shall be installed by the developer and/or property owner.
    5. For developments with residential areas of less than two acres, in lieu of providing a recreation area, the City Council may approve the subdivider or developer paying a fee equal to the value of the recreational area required by this section in an amount equal to the cost of the fair market value of the land and the estimated cost of a playground, grass, and sprinkler system as determined by the City Engineer and approved by City Council.
  6. Architectural Design and Theme. Each project shall propose a unique high quality architectural theme and standards. Standards shall be included for both commercial and residential uses. Site layout, architecture and landscaping shall be consistent with the Highland City Design Standards. 
  7. Landscaping. Landscaping shall be provided along street frontages, around the property perimeter, internal to the site and in parking areas.
  8. Signage. Unless signage is approved as part of a comprehensive sign package, signage shall conform to the comparable zoning category.
  9. Utilities. Each project shall submit preliminary concepts for culinary water, wastewater, pressurized irrigation, storm drain, and utilities. The preliminary concepts shall include: the size and location of culinary water, wastewater, pressurized irrigation, storm drains, etc., and any other information needed as required by the City to evaluate the proposal. Utilities shall be designed to avoid adverse impact on adjacent land uses, public services, and utility resources.
  10. Circulation. Each project shall submit a pedestrian and traffic circulation plan. The plan shall include the following:
    1. A traffic analysis or traffic impact study, as determined by the City Engineer;
    2. The location and cross section of all streets with typical street cross sections; 
    3. Pedestrian circulation elements;
    4. Hours of peak traffic use; and,
    5. Measures to mitigate offsite traffic impacts.
  11. Compatibly. Each proposal shall include a description of the measures used to ensure compatibility between future and existing land uses. Compatibility measures shall include but are not limited to landscaping, setbacks, building location, lighting, noise, etc.
  12. Justification and Mitigation. Substantial justification and mitigation is required for proposed PD standards that do not meet the standards of the comparable zoning district.
  13. Exhibits. The following exhibits shall be provided with the Development Plan for a PD:
    1. Property boundary and legal description.
    2. Areas designating land use(s), densities, etc.
    3. Circulation plan to include arterial and collector streets, and vehicular and pedestrian circulation routes.
    4. Phasing schedule which shall include a map of the development designating the phases and sequence of development including, but not limited to, land uses, recreation areas, and infrastructure. The map shall include a schedule of development with action dates. All infrastructure improvements shall be shown and scheduled for the entire development.
    5. The location and acreage of recreation areas as well as listing amenities to be provided at each location.
    6. Preliminary infrastructure concept plans.
HISTORY
Amended by Ord. O-2020-03 on 1/14/2020

O-2024-28

O-2019-07

O-2024-27

O-2020-03