Indian Wells City Zoning Code
CHAPTER 21
47 SPECIAL STUDY AREA OVERLAY ZONE DEVELOPMENT STANDARDS
§ 21.47.010 General.
This Chapter contains the procedures and regulations for the Special Study Area Overlay Zone established by the City.
(Ord. 387 § 1, 1996)
§ 21.47.020 Purpose.
The purpose of this zone is to provide a procedure for the City Council to review alternative land uses on selected properties that offer unique planning and economic opportunities, while maintaining the underlying development potential consistent with the base zoning of the subject properties.
(Ord. 387 § 1, 1996)
§ 21.47.030 Procedure for application of overlay zone.
The Special Study Area Overlay Zone may be requested for properties by the property owner or City. The Special Study Area Overlay Zone will only be applied if approved by the City Council in accordance with this Section. The Overlay Zone may be applied to approved properties for a limited time period and/or may be applied subject to conditions necessary to protect the best interests of the surrounding properties, the neighborhood, the City as a whole, and the intent and considerations Stated in this Zoning Code.
The Special Study Area Overlay Zone may be requested consistent with the Zone Change application and hearing requirements of Section 21.06.020, General Regulations. Once the Special Study Area Overlay Zone is established for a property by the City Council, the applicant may then pursue alternative land use studies consistent with this Section.
(Ord. 387 § 1, 1996)
§ 21.47.040 Alternative land use studies-Requirements.
An applicant may request alternative land uses that are not otherwise permitted by the base zone and/or General Plan for properties that are within the Special Study Area Overlay Zone. The applicant shall prepare an application for a Preliminary Determination of Alternative Land Use Concept (Preliminary Determination). This application shall include the following studies in support of the alternative land uses being requested:
(a)
Preliminary Land Use Concept Plan illustrating the type, distribution, and intensity of uses.
(b)
Preliminary traffic, fiscal, and aesthetic analysis of the Preliminary Land Use Concept Plan.
(c)
Other information as requested by the Community Development Director.
(Ord. 387 § 1, 1996)
§ 21.47.050 Preliminary Determination hearings.
(a)
Planning Commission. The Planning Commission shall hold at least one (1) public hearing and shall, by resolution, make a recommendation to the City Council of approval, modified approval, or denial of the Preliminary Determination of Alternative Land Use Concept to the City Council.
(b)
City Council. The City Council shall hold at least one (1) public hearing and shall, by resolution, approve, approve in modified form, or deny the Preliminary Determination of Alternative Land Use Concept. This preliminary determination of acceptability of the alternative land use concept does not permit the alternative land uses, but allows the applicant to further pursue approval of a Master Development Plan for the alternative uses and future change of the General Plan and zoning designations for the property, pursuant to this Chapter.
(Ord. 387 § 1, 1996)
§ 21.47.060 Alternative land use projects.
If the City Council determines that the alternative land use concept is acceptable and approves the Preliminary Determination, the applicant shall file a completed application for a Master Development Plan, pursuant to Section 21.06.030, no later than one hundred eighty (180) days from the date of the City Council's approval of the Preliminary Determination. If a Master Development Plan application is not filed within this time period, the Preliminary Determination shall expire.
The Master Development Plan application shall include the items identified in Section 21.06.030(b), as well as the following:
(a)
Design Characteristics: architecture, scale, building placement, building materials, signage, setbacks, and open space.
(b)
Parking Considerations: shared parking provisions (if applicable), parking ratios, and parking stall sizes.
(c)
Site Access: pedestrian and automobile.
(d)
Landscaping and Lighting. Landscaping and Lighting: plant materials, lighting fixtures, and screening.
(e)
Funding Mechanisms. Funding Mechanisms: infrastructure and development funding.
(f)
Development Intensity and Distribution. Development Intensity and Distribution: identification of total development potential for each proposed land use type.
(g)
Environmental Analysis.
(h)
General Plan and Zoning Designations. A Statement of the future General Plan and zoning designations which are anticipated to be applied to the project area following issuance of a certificate of occupancy.
(i)
Other Information. Other information as required by the Community Development Director.
(Ord. 387 § 1, 1996)
§ 21.47.070 Master Development Plan hearings.
The Master Development Plan shall be considered by the City consistent with the hearing procedure established in Section 21.06.030(c).
(Ord. 387 § 1, 1996)
§ 21.47.080 Project implementation.
If the City Council approves, or approves in modified form, the Master Development Plan, the applicant is then permitted to pursue the development of the site, consistent with the approval. Unless modified by the City Council, the development shall conform to all subdivision, building, and environmental standards and policies of the City. If the City Council denies the Master Development Plan, the Preliminary Determination shall expire.
(Ord. 387 § 1, 1996)
§ 21.47.090 Time limits; extensions; abandonment and lapse.
Time limits, extensions, and abandonment and lapse of the Master Development Plan are established in Section 21.06.030(e). Upon expiration, abandonment or lapse of the Master Development Plan, the Preliminary Determination shall expire.
(Ord. 387 § 1, 1996)
§ 21.47.100 Revisions.
Revisions to the Master Development Plan shall be subject to Section 21.06.030(f).
(Ord. 387 § 1, 1996)
§ 21.47.110 Land use designation changes.
The Special Study Area Overlay Zone and base zoning for the subject property shall not be changed until the alternative land use project is completed (certificate of occupancy issued). Following completion, the City Council may, at a duly noticed public hearing consistent with General Plan and Zone Change requirements, remove the Special Study Area Overlay Zone and redesignate the property with the appropriate General Plan land use designations and zoning designations, consistent with the uses developed on the site.
(Ord. 387 § 1, 1996)
