Italy City Zoning Code
§ 20A “PD
PLANNED DEVELOPMENT DISTRICT.
20A.1
General Purpose and Description -
The Planned Development (“PD”) District is intended to provide for greater flexibility in the planning and development of projects by allowing a combination of land uses under a unified plan that protects contiguous land uses and preserves significant natural features. A PD District may be used to permit new and innovative concepts in land use. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility.
20A.2
Permitted Uses -
A PD may contain any use or combination of uses listed in Sections 8 through 20 of this Ordinance or any use approved by the City Council and defined in the ordinance establishing the PD. All uses allowed in a PD must be listed in the ordinance establishing the district. The size, location, appearance, and method of operation may be specified to the extent necessary to ensure compliance with the purpose of this ordinance.
20A.3
Governing Regulations -
The ordinance establishing a PD must specify regulations or conditions governing maximum structure height, floor area, lot area, lot coverage, lot width, lot depth, density, minimum front, side and rear yards, off-street parking and loading, signs, screening, landscaping, access, and streets and alleys.
20A.4
Purpose and Intent Statement -
An ordinance granting a PD District shall include a statement as to the purpose and intent of the PD District being granted.
20A.5
Compliance With Other Ordinances -
A PD District must conform to all regulations of this ordinance and all other City ordinances unless specifically stated otherwise in the granting ordinance.
20A.6
PD Pre-application Conference -
An applicant for a PD shall request a pre-application conference with the City Planning and Zoning Commission. Such conference shall be scheduled as a work session for the Commission. At least 14 days prior to the pre-application conference, the applicant shall provide a sketch plan that includes, but is not limited to, the following information: proposed land uses, density, approximate gross square footage of nonresidential uses, access, projected height, and significant environmental features. During the work session, the Commission shall provide initial comments concerning the merits of the proposed development, and make requests for any such other information that the Commission wishes to be shown on the development plan prior to its being scheduled for public hearing, or any such other information that will aid the Commission in its review of the proposal.
20A.7
Application -
An application for a PD District must be submitted to the City Administrator at least 14 days prior to the public hearing before the Planning and Zoning Commission, and must include the following:
(1)
A statement as to the purpose and intent of the requested PD District.
(2)
A listing of the requested uses and development standards. If a requested use is not defined in this ordinance, the application must contain a description of the use.
(3)
A listing of deviations from any applicable provisions or ordinances.
(4)
A development plan or conceptual plan in compliance with this section.
20A.8
Development Plan -
An application for a PD must be accompanied by a development plan clearly showing:
1.
proposed and existing streets and alleys;
2.
location of proposed land uses;
3.
building sites:
4.
any areas proposed for dedication or reserved as parks, open space, parkways, playgrounds, utility and garbage easements, school sites, street widenings, or street changes;
5.
points of ingress and egress from existing or proposed streets;
6.
an accurate survey of the boundaries of the site;
7.
the arrangement and location of off-street parking and loading;
8.
screening and landscaping; and
9.
other items as may be required by the City Planning and Zoning Commission or the City Council.
20A.9
Conceptual Plan -
An applicant may initially submit a conceptual plan instead of a development plan if the conceptual plan provides sufficient information for the Commission and City Council to act on the PD application. If a conceptual plan is provided, a development plan may be required by the City Planning and Zoning Commission or by the City Council if it is determined that a development plan is necessary for sufficient review of the proposal. The conceptual plan must include:
(1)
the location of all land use areas showing the gross acreage for each use, maximum lot coverage, residential densities, floor ratio for each use, and the approximate floor area for all nonresidential uses;
(2)
delineation of all undeveloped open areas, except for required yards, landscaped areas, and open recreation facilities such as tennis courts and swimming pools;
(3)
identification of all areas to be dedicated to the City and the designation of common areas;
(4)
indication of maximum heights for all structures in feet and stories;
(5)
location of all proposed screening between the site and adjacent property and between land uses within the site;
(6)
location of minimum building setbacks along the site boundaries, on dedicated streets, and between residential and nonresidential uses;
(7)
identification of major access points and rights-of-way to be dedicated to the City; and
(8)
indication of each phase of development if separate phases are proposed.
If a conceptual plan is provided and approved, a detailed development plan must be provided within six months after the approval of the ordinance and the conceptual plan. The development plan must comply with the conceptual plan and the conditions of the PD ordinance, and must be approved by the Planning and Zoning Commission prior to the issuance of a building permit. If the Commission disapproves the development plan. the applicant may appeal the decision to the City Council. |
If the property is to be developed in phases, only the detailed development plan for the first phase must be submitted within the six-month time period. If a development plan is not submitted within the required time period, the Planning and Zoning Commission, after notice to the applicant and review of the facts, may grant one or more six-month extensions or call a public hearing to determine the proper zoning classification for the property. |
20A.10
Development Schedule
(1)
The applicant for a PD shall, if the applicant desires or the Planning and Zoning Commission or City Council requires, submit a development schedule indicating the date on which construction is to begin and the rate of development until completion. A City Council approved development schedule must be included in the ordinance establishing the PD.
(2)
If the applicant fails to meet the development schedule, the Commission may call a public hearing to determine the proper zoning district classification for all or part of the PD.
(3)
The applicant may apply to the Commission for an extension of the development schedule. If the Commission denies the extension, the applicant may appeal the decision to the City Council.
(4)
When a development schedule extends for more than one year, the building official shall annually report to the Commission the actual development in the PD compared with the development schedule.
20A.11
Amendments to Conceptual Plan or Development Plan
(1)
Any amendment to a conceptual plan or to a development plan approved with the PD Ordinance is a change in zoning district classification and must follow the same procedures as required for a zoning change.
(2)
An amendment to a development plan that was not approved with the PD Ordinance may be approved by the City Planning and Zoning Commission if the proposed change complies with the conditions of the PD ordinance and the conceptual plan. If the Commission denies the amendment, the applicant may appeal the decision to the City Council. A proposed amendment that does not comply with the conditions and the conceptual plan is a change in zoning district classification and must follow the procedures required for a zoning change.
(Ordinance 040706, sec. 3, adopted 7/13/04)