Kearney City Zoning Code

CHAPTER 38

DISTRICT PD, PLANNED DEVELOPMENT DISTRICT

38-101 - PURPOSE

District PD, Planned Development District is intended to provide flexibility in the design of planned projects; to encourage innovation in project design that incorporates open space and other amenities; and to insure compatibility of developments with the surrounding urban environment.

District PD, Planned Development District is intended to promote developments which will be advantageous to the City of Kearney and its urban form by permitting project design that will surpass the quality of development resulting from application of the regulations of conventional zoning districts.

While the PD District may appear to deviate from a literal interpretation of the land development regulations, it is not intended to encourage deviations from the City's Comprehensive Development Plan or overall development objectives. The PD District shall not be used to secure approval for projects that do not conform to the City's Comprehensive Development Plan.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002)

38-102 - PD-1, PD-2 AND PRE-EXISTING PD DISTRICTS

In order to permit maximum applicability of the PD District, PD-1 and PD-2 Districts are hereby created.

The PD-1 (General PD) District is intended to accommodate large, comprehensively planned developments which are likely to develop over a relatively long period of time. The PD-1 District creates special guidelines and regulations to ensure that development over time conforms to an established master plan. The PD-1 District also may establish the preliminary plat for those projects which require platting.

The PD-2 (Specific PD) District is intended to accommodate projects for which the specific design of individual buildings and elements may be determined. Several PD-2 Districts may be incorporated into a single larger PD-1 District, provided that such projects are consistent with the overall design and development standards of the PD-1 District. The PD-2 District may also establish the final plat for those projects that require platting.

Some projects approved as planned districts under zoning regulations in effect before the adoption of this Unified Land Development Ordinance are designated as Pre-existing PD Overlay Districts on the City's zoning map. These projects are subject to the terms of their original approval by the City of Kearney or the requirements of their previous zoning districts, including submission and approval of detailed plans by the City Council.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002)

38-103 - CRITERIA FOR USE

The PD, Planned Development District is generally intended for use in the following urban contexts.

Vacant Land. Areas of substantial open space where the structure of conventional zoning may artificially limit or constrain good urban design, may restrict the achievement of the City's development objectives, or may not be appropriate to changes in technology or demand consistent with the best interests of the City of Kearney.

Community Development Areas. Areas of the City which are in need of rehabilitation or redevelopment, including areas which may be deficient in public facilities or services. In these situations, the PD District may encourage private investment by recognizing the need for flexibility that conventional zoning regulations do not provide.

Neighborhood Contexts. Areas in which sensitive project design is critical to maintain and protect the value of surrounding residential neighborhoods and other sensitive or vulnerable urban settings.

Large Projects. Projects which have substantial effects on their urban and rural surroundings because of their size and scale.

Large areas that may be zoned prior to development by the Planning Commission and City Council consistent with the Comprehensive Development Plan, but which require individual project approval as development occurs.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002)

38-104 - PERMITTED LAND USES

A Planned Development may include residential, office, commercial, industrial, or public land uses, subject to the requirements of the underlying zoning district.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002)

38-105 - PD-1 (GENERAL PD) DISTRICT: APPLICATION PROCEDURES

Minimum Size: The minimum size of a PD-1 District shall be three (3) acres.

Pre-application Concept Plan: Prior to filing an application for approval of a PD-1 District, the applicant shall meet with the City Planner for the purpose of submitting a pre-application concept plan. This plan shall illustrate the conceptual overall plan for the district and shall include at a minimum the information required in Table 38-1.

The City Planner shall review and comment on the proposed concept plan and shall provide the applicant with written comments within thirty (30) days of submission of the concept plan.

The review of the concept plan shall include consideration of the following criteria:

Land use intensity and density.

Ability to provide a positive environment for intended uses, including schematic building configurations, arrangements, and general landscaping and site design.

Use of open space.

Impact on the surrounding natural and built environment.

Adequacy of on- and off-site transportation and utility systems to serve the proposed project.

Consistency with the City of Kearney's Comprehensive Development Plan.

Following review of the pre-application concept plan, the applicant may proceed with filing a formal application for approval of a PD-1 District. This plan shall illustrate the development master plan for the district and shall include at a minimum the information required in Table 38-1.

A PD-1 District application shall include a Development Agreement establishing the development regulations for the district unless initiated by the Planning Commission or City Council. The Development Agreement shall specify the following regulations:

Location and quantities of various land uses.

Maximum floor area ratios and residential densities.

Maximum building and impervious coverage.

Front, side, and rear yard setbacks.

Maximum heights of proposed structures.

Design standards applicable to the project.

Incorporation of graphic development plans and drawings into the site development regulations.

A filing fee as set forth in the City of Kearney Comprehensive Fee Schedule shall be paid.

The Planning Commission and City Council shall review and evaluate each PD-1 District application. The Planning Commission and City Council may impose reasonable conditions, as deemed necessary, to ensure that a PD District shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.

The Planning Commission, after proper notice, shall hold a public hearing and act upon each application. The Planning Commission may recommend amendments to PD-1 District applications. The recommendation of the Planning Commission shall be transmitted to the City Council for final action.

The City Council, after proper notice, shall hold a public hearing and act upon any Ordinance establishing a PD-1 District. Proper notice shall mean the same notice established for any other zoning amendment.

In their respective reviews of the PD-1 application, the Planning Commission and City Council shall base decisions on findings of fact as set forth in the criteria presented in Table 38-2.

Upon approval by the City Council, the Development Plan and Agreement shall become a part of the Ordinance creating or amending the PD District. All approved plans shall be filed with the Planning Clerk.

Issuance of Building Permits: The City shall not issue a building permit, certificate of occupancy, or other permit for a building, structure, or use within a PD-1 District unless it is in compliance with the approved Development Plan or any approved amendments.

Changes or Modifications to Development Plans. The City Planner is authorized at his/her discretion to approve amendments to an approved development plan, provided that:

A written request is filed with the City Planner, along with information specifying the exact nature of the proposed amendment.

The amendment is consistent with the provisions of this chapter.

The amendment does not alter the approved site regulations of the development plan and does not materially alter other aspects of the plan, including traffic circulation, land uses or land use intensity, mixture of use types, and physical design.

Any amendment not conforming to these provisions shall be submitted to the Planning Commission and City Council for action.

Termination of PD-1 District: If no substantial development has taken place in a Planned Development District for three (3) years following approval of the District, the Planning Commission may reconsider the zoning of the property and may, on its own motion, initiate an application for rezoning the property.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

38-106 - PLANNING COMMISSION OR CITY COUNCIL INITIATED PD-1 DISTRICTS

In some situations, the Planning Commission and/or City Council may initiate or approve a rezoning of an area to a PD-1 District without submission of a detailed development plan. This action establishes the land uses permitted in an area consistent with the Comprehensive Development Plan, but requires subsequent approval of specific projects through the normal PD-1 or PD-2 submission or approval procedures. An application for creation of such a PD-1 District shall contain the following:

A statement describing the special characteristics of the district and the reason for its creation.

A map indicating the boundaries of the proposed district.

A generalized area development plan for the proposed district, including:

A land use component, identifying proposed uses and the extent and location of each use.

A transportation element, identifying any relevant vehicular, pedestrian, or bicycle transportation improvements necessary to the ultimate development of the area.

A utility service statement, identifying any necessary utility or infrastructure improvements necessary to the ultimate development of the area.

An urban design element, if applicable, describing design frameworks, building scale and relationships, siting, landscape design, and other guidelines relating to the specific physical or urban environment of the proposed district.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002)

38-107 - PD-2 (SPECIFIC PD) DISTRICT: APPLICATION PROCEDURES

Minimum Size: A PD-2 District may be established on a site of any size.

Pre-application Concept Plan: Prior to filing an application for approval of a PD-2 District, the applicant shall meet with the City Planner for the purpose of submitting a pre-application concept plan. This plan shall illustrate the conceptual overall plan for the district and shall include at a minimum the information required in Table 38-1.

The City Planner shall review and comment on the proposed concept plan and shall provide the applicant with written comments within thirty (30) days of submission of the concept plan. At the option of the applicant or the City Planner, the concept plan may be submitted to the Planning Commission for review and comment at its earliest, practical meeting. A filing fee as set forth in the City of Kearney Comprehensive Fee Schedule shall be paid.

The review of the concept plan shall include consideration of the following criteria:

If located within a Pre-existing PD-1 District, consistency with the terms and conditions of such District.

Land use intensity and density.

Ability to provide a positive environment for intended uses, including schematic building configurations, arrangements, and general landscaping and site design.

Use of open space.

Impact on the surrounding natural and built environment.

Adequacy of on- and off-site transportation systems to serve the proposed project.

Architectural quality and compatibility of the proposed project with the scale and appearance of surrounding areas.

Consistency with the City of Kearney's Comprehensive Development Plan.

Following review of the pre-application concept plan, the applicant may proceed with filing a formal application for approval of a PD-2 District. This plan shall illustrate the development master plan for the district and shall include at a minimum the information required in Table 38-1.

The Planning Commission and City Council shall review and evaluate each PD-2 District application. For PD-2 applications within a pre-existing PD-1 District, the review shall be limited to:

An evaluation of consistency with the land uses, development standards, and other requirements and regulations of the PD-1 District.

Detailed components of the project which were not included in the development standards previously established under the PD-1 District.

The Planning Commission and City Council may impose reasonable conditions, as deemed necessary, to ensure that a PD District shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.

The Planning Commission, after proper notice, shall hold a public hearing and act upon each application. The Planning Commission may recommend amendments to PD-2 District applications. The recommendation of the Planning Commission shall be transmitted to the City Council for final action.

The City Council, after proper notice, shall hold a public hearing and act upon any Ordinance establishing a PD-2, Planned Development District. Proper notice shall mean the same notice established for any other zoning amendment.

In their respective reviews of the PD-2 application, the Planning Commission and City Council shall base decisions on findings of fact as set forth in the criteria presented in Table 38-2.

Upon approval by the City Council, the Development Plan and Agreement shall become a part of the Ordinance creating or amending the PD-2 District. All approved plans shall be filed with the Planning Clerk.

Issuance of Building Permits: The City shall not issue a building permit, certificate of occupancy, or other permit for a building, structure, or use within a PD-2 District unless it is in compliance with the approved Development Plan or any approved amendments.

Changes or Modifications to Development Plans in the PD-2 District. The City Planner is authorized at his/her discretion to approve amendments to an approved development plan, provided that:

Changes in the alignment and location of structures do not exceed ten (10) feet in any direction.

The floor area of any single building is not changed by more than five percent (5%).

All changes are within the allowable floor area ratios established by the project, are consistent with the adopted PD plan, and have been approved in writing by any applicable property owners association established within the boundaries of the project.

Any amendment not conforming to these provisions shall be considered tantamount to a new application and shall be submitted to the Planning Commission and City Council according to the procedures for new applications established in this section.

Termination of PD-2 District: If no substantial development has taken place in a Planned Development District for three (3) years following approval of the district, the Planning Commission may reconsider the zoning of the property and may, on its own motion, initiate an application for rezoning the property.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

Table 38-1
PD, Planned Development District Application Requirements

Application Requirement	PD-1 Concept Plan	PD-1 Application	PD-2 Concept Plan	PD-2 Application
Location, size, legal description of site	■		■
Existing topography at 2-foot intervals	■		■
Location and description of major site features, including tree masses, drainageways, wetlands, soils	■		■
A map showing land uses within 200 feet of the boundary of the site	■		■
Location of 100-Year Floodplains	■		■
Generalized land use plan	■		■
Proposed types and densities of development	■		■
Generalized internal and external transportation and circulation system, including pedestrian and bicycle system	■		■
General location and size of buildings or building footprints	■		■
Statistical summary of the project, including gross and net site area, number of housing units by type, gross floor area of other uses, total amount of parking, and building and impervious surface coverage	■	■	■	■
Site master plan, including general envelops of buildings, parking, open space, and other site features		■
Description and location of all use types included in the project, including maximum floor areas devoted to each use		■		■
Location and design of vehicular, bicycle, and pedestrian circulation systems, including relationship to external transportation system		■		■
Schematic location and development standards for open space, including conceptual landscape plan		■
Grading plan at 1-foot contours, including erosion control plans		■		■
Building design standards, including height, materials, sections, and other information required to describe the project		■		■
Location of existing and proposed utilities, sanitary sewers, storm water facilities, and water, gas, and electrical distribution systems		■		■
General locations and sizes of signs and street graphics		■
Location of structures, driveways or access points within a 100 foot radius of the project	■		■
Proposed site development regulations, including maximum FAR or other density regulators, building and impervious coverage, setbacks, maximum heights, and other design standards specific to the project		■
Detailed site plan, displaying specific location or building envelope limits for all major site structures; location of open spaces; parking facilities; and vehicular circulation				■
Exterior building elevations and floor plans				■
Detailed open space and landscape plan				■
Utility plans for all proposed utility improvements				■
Location, size, style, and lighting of signage, including directional and signage control				■
Location and design of proposed site lighting				■
Proposed public and private ownership boundaries, including proposed private lots and common ownership areas		■		■
Preliminary plat if applicable		■
Final plat if applicable				■
Schedule indicating proposed phasing and scheduling of development		■		■
Deed restrictions, covenants, agreements, association bylaws, and other documents controlling the use of property, type of construction, or development or activities of future residents		If required		If required
Appropriate bonds to ensure construction of public improvements		■		■
Application Checklist on a form provided by the City of Kearney		■		■

General Notes:

All items required for submittal of a concept plan shall be a part of the application for approval of the PD, Planned Development District.

Plans submitted in support of an application shall be submitted in five (5) sets of a scale large enough to illustrate the project successfully, most typically in a scale ranging from one (1) inch to twenty (20) feet to one (1) inch to one hundred (100) feet. In addition, one (1) reduced set in 8.5 inch to 11 inch format shall also be submitted.

■ Application items required at specific stage

Blank Items do not apply

(Ord. No. 6864, 3-12-2002 effective April 15, 2002)

Table 38-2
Review Criteria and Standards for Findings of Fact

		Applies to
Land Use Compatibility	Criteria for Findings of Fact	PD-1	PD-2
Development Density	Site area per unit or floor area ratio should be similar to surrounding uses if not separated by major natural or artificial features.	■	■
Land Use Plan	Consistency with the land use plan of the City of Kearney.	■	■

Height and Scale
Height and Bulk	Development should minimize differences in height and building size from surrounding structures. Differences should be justified by urban design considerations.	■	■
Setbacks	Development should respect pre-existing setbacks in its urban context. Variations should be justified by site or operating characteristics.	■	■
Building Coverage	Building coverage should be similar to that of surrounding development if possible. Higher coverage should be mitigated by landscaping or site amenities.	■	■
Site Development
Environment	Project should maximize conservation of existing environmental features, including natural vegetation, tree cover, and drainage patterns.	■	■
Parking and Internal Circulation	Parking should serve all structures with minimal conflicts between pedestrians and vehicles.	■	■
	All structures must be accessible to public safety vehicles.	■	■
	Development must have access to adjacent public streets and ways. Internal circulation should minimize conflicts and congestion at public access points.	■	■
Open Space	Open spaces should contribute to the quality of the overall project and should provide supporting amenities for residential development. Open spaces should contribute to the design of the project and, when appropriate, provide locations for project-related activities.	■	■

		Applies to
Site Development	Criteria for Findings of Fact	PD-1	PD-2
Landscaping	Landscaping should be integral to the development, providing street landscaping, breaks in uninterrupted paved areas, and buffering where required by surrounding land uses. Project design should preserve features of environmental importance to the greatest degree possible. These features include mature trees and woodlands, wetlands, steep slopes, waterways and bodies of water.	■	■
Streetscape	Projects should relate to surrounding public streets and contribute to the quality of the street environment.	■	■
Building Design
Architectural Quality	Architectural design and building materials should be compatible with surrounding areas or reflect the specific design objectives of a new development area.		■
Transportation
Traffic Capacity	Project should not reduce the existing level of traffic service on adjacent streets. Compensating improvements should be included to mitigate impact on street system operations.	■	■
Street Network and Continuity	Project should maintain the continuity of Kearney's street network or should provide opportunities for local traffic flow away from major arterials.	■	■
Alternative Modes	Project should make appropriate accommodations for access by public transportation, bicycles, and pedestrians.	■	■

		Applies to
Public Facilities	Criteria for Findings of Fact	PD-1	PD-2
Utility Service	Project is adequately served by public utilities and infrastructure.	■	■
Storm Drainage	Project should handle storm water adequately to prevent overloading of public storm water management system.
	Project should not inhibit development of other properties or create adverse effects on other sites.
	Development should not increase probability of erosion, flooding, landslides, or other run-off related effects.	■	■
	Project should maximize preservation and enhancement of natural drainage features on site and should facilitate storm water storage techniques consistent with the policies of the City.
Public Safety	Project can be adequately served with police and fire protection.	■	■
Comprehensive Plan
Consistency with Development Objectives	Project must be consistent with the City's Comprehensive Plan, including applicable special area or specific plans. Project design should be consistent with the development standards and objectives of these plans.	■	■