- P-M PLANNED DEVELOPMENT—MIXED USE
(a)
P-M zoning districts are intended to:
(1)
Encourage the development of large tracts of land as planned neighborhoods or communities.
(2)
Encourage flexible and creative concepts in site planning.
(3)
Preserve the natural amenities of the land by encouraging scenic and functional open areas within residential areas.
(4)
Create a more desirable environment than would be possible through the strict application of minimum requirements of other sections of these regulations.
(5)
Provide for efficient use of land resulting in smaller networks of utilities and streets as well as lower development and housing costs.
(6)
Provide an environment of stable character which is compatible with surrounding residential areas.
(b)
Within the planned area, a variety of land uses may be permitted in an orderly relation to one another and to existing land uses. This may be accomplished through the application of sound comprehensive planning principles.
(Ord. No. 2010-16, 11-16-10)
The factors contained in section 410 of these regulations, as well as data submitted with the development plan of the applicant for a planned development, must be thoroughly considered by the planning commission as well as the Lamar County Board of Commissioners when determining whether or not the provision of a P-M district is appropriate. This will assure that rational comprehensive planning principles are the basis upon which the decision is made. Land use decisions which are based on sound planning principles encourage the development and preservation of land use patterns that provide healthful and safe living conditions for the residents of Lamar County.
(Ord. No. 2010-16, 11-16-10)
The official zoning map (section 2301 of these regulations) shows the boundaries of all P-M districts within Lamar County. Article 23 also contains additional information concerning interpreting district boundaries, amending boundaries, etc.
(Ord. No. 2010-16, 11-16-10)
As shown in the approved development plan.
(Ord. No. 2010-16, 11-16-10)
(a)
Pre-application conference: Prior to filing a formal application for a P-M development, the applicant is encouraged to confer with the administrative officer and the planning commission in order to review the general character of the plan (on the basis of a tentative land use sketch if available), and to obtain information on development standards and ordinances affecting the proposed project.
(b)
Submission of application for P-M approval:
(1)
The applicant must file a petition with the administrative officer for approval of the proposed P-M development. This application must be supported by a development plan and a written summary of intent. The relationship between the proposed development and the surrounding area, both existing and proposed, must be shown. The following information must be presented with the application:
a.
A general location map.
b.
Existing topographic conditions, including contour intervals of no more than five (5) feet based on field surveys or photogrammetric methods; showing the location or non-existence of any special flood hazard areas (SFHA) with the base flood elevations (BFE).
c.
The existing and proposed land uses and the approximate location of all buildings and structures.
d.
The approximate location of existing and proposed streets.
e.
The approximate location of all existing and proposed utilities, including a preliminary utility and drainage plan.
f.
The present zoning pattern in the area.
g.
A legal description of the subject property.
h.
The location and use of existing and proposed public, semi-public, and community facilities such as schools, parks and open areas on the site. This includes areas proposed to be dedicated or reserved for community or public use.
i.
Perspective drawings of representative building types; however, this is not required for single-family detached dwellings.
(2)
If a proposed development creates special problems or involves unusual circumstances, additional information may be required in order to properly evaluate the proposal as follows:
a.
An off-street parking and loading plan.
b.
An economic feasibility report or market analysis.
c.
A traffic study of the area, and a circulation plan within the proposed development as well as to and from existing streets adjacent to the site.
(3)
The written summary of intent submitted with the development plan must include the following information:
a.
A statement of the present ownership of all land within the proposed development.
b.
An explanation of the character of the proposed development; this includes a summary of acres, number and types of dwelling units, and gross density by type of land use.
c.
A general statement of the proposed development schedule.
d.
Agreements, provisions, and covenants which govern the use, maintenance and protection of the development and any common or open areas.
(c)
Review and approval of P-M application:
(1)
An application for approval of a P-M development is treated administratively as an application for an amendment to these regulations (rezoning). This is because P-M districts are created only upon request of a developer, whose application materials demonstrate a firm commitment to construction of a well-designed P-M development. Upon approval of the P-M development, existing zoning must be changed to a P-M zone, which is an amendment to the ordinance. The amendment procedures contained in sections 410 and 2302 must be followed in granting the amendment to permit the P-M development.
(2)
The administrative officer will forward the application materials to the planning commission for its recommendations. The planning commission will thoroughly study the materials and make written recommendations to the Lamar County Board of Commissioners, stating the reasons for its recommendations (according to procedures contained in sections 410 and 2302).
(3)
The power to approve an amendment creating a P-M district rests with the Lamar County Board of Commissioners. After conducting the public hearing and considering recommendations from the planning commission (section 410), the Lamar County Board of Commissioners will then make an official decision on the proposed P-M development. The Lamar County Board of Commissioners may approve, disapprove, or conditionally approve the development plan.
(4)
If the development plan is approved as submitted, the official map will be changed to indicate P-M district (section 2302). If the plan is approved with modifications, the applicant must file with the administrative officer the following:
a.
Written notice of consent to the modifications.
b.
A properly revised site plan.
(5)
The official map will then be changed (section 2302). The site plan and supporting information of any approved plan will be properly identified and permanently filed with the administrative officer.
(6)
No building permits will be issued by the administrative officer until the development plan has been approved by the Lamar County Board of Commissioners.
(d)
Issuance of building permits: The administrative officer will issue building permits for buildings and structures in the area covered by the approved development plan if the proposed buildings and structures are in conformity with the approved development plan, the development schedule, and all other applicable regulations. (See section 404)
(e)
Revision of development plan after approval of plan:
(1)
Minor extensions, alterations, or modifications of existing buildings or structures may be permitted after review and approval by the planning commission: Such changes must be consistent with the purposes and intent of the development plan.
(2)
Any major or substantial change in the approved development plan which affects the intent and character of the development, the density of land use pattern, the location or dimensions of streets, or similar substantial changes must be reviewed and approved by the Lamar County Board of Commissioners after receipt of recommendations from the planning commission. A request for a revision of the development plan must be supported by a written statement indicating the nature of the revision and the reasons it is considered necessary or desirable to revise the development.
(f)
Approval of P-M revoked if construction not begun: Construction of the planned development must begin within one (1) year of the approval of the P-M. If no construction has begun by then, or if the applicant fails to maintain the approved development schedule, approval of the development plan will lapse. At its discretion and for good cause, the Lamar County Board of Commissioners may extend the period for beginning construction of any phase of the project for one (1) additional year. If approval of the development plan lapses under this provision, the subject P-M district will be removed from the official map (see section 2302) and the zoning districts and regulations which were in effect prior to the approval of the development plan will be reinstated. It is not necessary to follow section 410 amendatory procedures for this action, since its purpose is to correct an illegal situation caused by the failure of the applicant to fulfill the conditions upon which the approval of the P-M development was granted.
(Ord. No. 2010-16, 11-16-10)
In addition to the development standards contained in article 4 of these regulations, the following standards are required within P-M districts:
(a)
Development plan: Approved development plan must be carried out (see section 1205). P.M. districts must have public water and sewer services available for all lots and structures within the planned community.
(b)
Density controls: The maximum number of dwelling units per acre in residential areas of a planned development must not exceed 5.5 dwelling units per net acre of residential development within the P-M. (Net residential acreage refers only to land devoted primarily to residential purposes, exclusive of other uses, such as common open space, streets, and lakes. Gross acreage of residential development refers to land devoted primarily to residential purposes as well as open spaces, including private lakes within the P-M held under individual, common, or collective ownership for the use of residents of the residential development. Gross acreage for residential development does not include areas reserved or dedicated for street rights-of-way).
(c)
Deviation from required densities:
(1)
The Lamar County Board of Commissioners may allow higher net or gross residential densities, as well as a higher density of a particular residential use, as long as the applicant can show that such a higher density will not be detrimental to the surrounding neighborhood.
(2)
The Lamar County Board of Commissioners will consider a deviation from the specified maximum density only upon a favorable recommendation from the planning commission.
(d)
Dimensional and bulk regulations: The location of all proposed buildings and structures must be shown on the approved development plan; minimum lot sizes, setback lines, lot coverages, and floor areas shown on the development plan must be adhered to. The proposed location and arrangement of structures must not be detrimental to existing or proposed adjacent dwellings or to the development of the neighborhood.
(e)
Perimeter requirements: The Lamar County Board of Commissioners, upon recommendation of the planning commission, may impose one or both of the following requirements to protect the privacy of existing adjoining uses; structures or buildings located at the perimeter of the P-M development must be:
(1)
Setback a distance of fifty (50) feet from the boundary of the P-M development.
(2)
Permanently screened in a manner which protects the privacy of existing adjoining uses.
(f)
Control of area after completion: After completion of a planned development, the use of land and the construction, modification, or alteration of any buildings or structures within the P-M district must conform to the approved development plan. If community needs are found to be changing in the future and a revision of the approved development plan is thought to be needed, procedures contained in paragraph (e) of section 1205 must be followed.
(g)
Reserved.
(h)—(x)
Development standards common to most districts are listed under subsections 505(h)—(x).
(y)
Development standards shown in approved development plan: Other development standards shown in an approved development plan apply only to the development shown on the specific development plan. Such development standards must be maintained. (See section 1205 for related details.)
(z)
Design standards for all P-M developments:
(1)
General: Condition of soil, ground water level, drainage, and ground slope must not create hazards to the property, or to the health or safety of residents. The site must not be exposed to objectionable smoke, noise, odors, or other adverse conditions; and no part subject to flooding or erosion can be used for any purpose that would expose people or property to danger.
(2)
Soil and ground cover: Exposed ground surfaces throughout the development must be protected with a vegetative growth that prevents soil erosion, standing puddles and dust. If this is not possible, such areas may be covered with a solid material such as stone, or other permeable surfaces.
(3)
Site drainage: The ground surfaces throughout the development must be equipped to drain surface waters in a safe, efficient manner, either through grading or installation of drains. Low impact development (LID) and integrated management practices (IMP) techniques must be part of the P-M development design.
(4)
Required buffer: A buffer (see definition in article 2) is required along all lot lines of the development. This is in addition to common open space.
(Ord. No. 2010-16, 11-16-10)
- P-M PLANNED DEVELOPMENT—MIXED USE
(a)
P-M zoning districts are intended to:
(1)
Encourage the development of large tracts of land as planned neighborhoods or communities.
(2)
Encourage flexible and creative concepts in site planning.
(3)
Preserve the natural amenities of the land by encouraging scenic and functional open areas within residential areas.
(4)
Create a more desirable environment than would be possible through the strict application of minimum requirements of other sections of these regulations.
(5)
Provide for efficient use of land resulting in smaller networks of utilities and streets as well as lower development and housing costs.
(6)
Provide an environment of stable character which is compatible with surrounding residential areas.
(b)
Within the planned area, a variety of land uses may be permitted in an orderly relation to one another and to existing land uses. This may be accomplished through the application of sound comprehensive planning principles.
(Ord. No. 2010-16, 11-16-10)
The factors contained in section 410 of these regulations, as well as data submitted with the development plan of the applicant for a planned development, must be thoroughly considered by the planning commission as well as the Lamar County Board of Commissioners when determining whether or not the provision of a P-M district is appropriate. This will assure that rational comprehensive planning principles are the basis upon which the decision is made. Land use decisions which are based on sound planning principles encourage the development and preservation of land use patterns that provide healthful and safe living conditions for the residents of Lamar County.
(Ord. No. 2010-16, 11-16-10)
The official zoning map (section 2301 of these regulations) shows the boundaries of all P-M districts within Lamar County. Article 23 also contains additional information concerning interpreting district boundaries, amending boundaries, etc.
(Ord. No. 2010-16, 11-16-10)
As shown in the approved development plan.
(Ord. No. 2010-16, 11-16-10)
(a)
Pre-application conference: Prior to filing a formal application for a P-M development, the applicant is encouraged to confer with the administrative officer and the planning commission in order to review the general character of the plan (on the basis of a tentative land use sketch if available), and to obtain information on development standards and ordinances affecting the proposed project.
(b)
Submission of application for P-M approval:
(1)
The applicant must file a petition with the administrative officer for approval of the proposed P-M development. This application must be supported by a development plan and a written summary of intent. The relationship between the proposed development and the surrounding area, both existing and proposed, must be shown. The following information must be presented with the application:
a.
A general location map.
b.
Existing topographic conditions, including contour intervals of no more than five (5) feet based on field surveys or photogrammetric methods; showing the location or non-existence of any special flood hazard areas (SFHA) with the base flood elevations (BFE).
c.
The existing and proposed land uses and the approximate location of all buildings and structures.
d.
The approximate location of existing and proposed streets.
e.
The approximate location of all existing and proposed utilities, including a preliminary utility and drainage plan.
f.
The present zoning pattern in the area.
g.
A legal description of the subject property.
h.
The location and use of existing and proposed public, semi-public, and community facilities such as schools, parks and open areas on the site. This includes areas proposed to be dedicated or reserved for community or public use.
i.
Perspective drawings of representative building types; however, this is not required for single-family detached dwellings.
(2)
If a proposed development creates special problems or involves unusual circumstances, additional information may be required in order to properly evaluate the proposal as follows:
a.
An off-street parking and loading plan.
b.
An economic feasibility report or market analysis.
c.
A traffic study of the area, and a circulation plan within the proposed development as well as to and from existing streets adjacent to the site.
(3)
The written summary of intent submitted with the development plan must include the following information:
a.
A statement of the present ownership of all land within the proposed development.
b.
An explanation of the character of the proposed development; this includes a summary of acres, number and types of dwelling units, and gross density by type of land use.
c.
A general statement of the proposed development schedule.
d.
Agreements, provisions, and covenants which govern the use, maintenance and protection of the development and any common or open areas.
(c)
Review and approval of P-M application:
(1)
An application for approval of a P-M development is treated administratively as an application for an amendment to these regulations (rezoning). This is because P-M districts are created only upon request of a developer, whose application materials demonstrate a firm commitment to construction of a well-designed P-M development. Upon approval of the P-M development, existing zoning must be changed to a P-M zone, which is an amendment to the ordinance. The amendment procedures contained in sections 410 and 2302 must be followed in granting the amendment to permit the P-M development.
(2)
The administrative officer will forward the application materials to the planning commission for its recommendations. The planning commission will thoroughly study the materials and make written recommendations to the Lamar County Board of Commissioners, stating the reasons for its recommendations (according to procedures contained in sections 410 and 2302).
(3)
The power to approve an amendment creating a P-M district rests with the Lamar County Board of Commissioners. After conducting the public hearing and considering recommendations from the planning commission (section 410), the Lamar County Board of Commissioners will then make an official decision on the proposed P-M development. The Lamar County Board of Commissioners may approve, disapprove, or conditionally approve the development plan.
(4)
If the development plan is approved as submitted, the official map will be changed to indicate P-M district (section 2302). If the plan is approved with modifications, the applicant must file with the administrative officer the following:
a.
Written notice of consent to the modifications.
b.
A properly revised site plan.
(5)
The official map will then be changed (section 2302). The site plan and supporting information of any approved plan will be properly identified and permanently filed with the administrative officer.
(6)
No building permits will be issued by the administrative officer until the development plan has been approved by the Lamar County Board of Commissioners.
(d)
Issuance of building permits: The administrative officer will issue building permits for buildings and structures in the area covered by the approved development plan if the proposed buildings and structures are in conformity with the approved development plan, the development schedule, and all other applicable regulations. (See section 404)
(e)
Revision of development plan after approval of plan:
(1)
Minor extensions, alterations, or modifications of existing buildings or structures may be permitted after review and approval by the planning commission: Such changes must be consistent with the purposes and intent of the development plan.
(2)
Any major or substantial change in the approved development plan which affects the intent and character of the development, the density of land use pattern, the location or dimensions of streets, or similar substantial changes must be reviewed and approved by the Lamar County Board of Commissioners after receipt of recommendations from the planning commission. A request for a revision of the development plan must be supported by a written statement indicating the nature of the revision and the reasons it is considered necessary or desirable to revise the development.
(f)
Approval of P-M revoked if construction not begun: Construction of the planned development must begin within one (1) year of the approval of the P-M. If no construction has begun by then, or if the applicant fails to maintain the approved development schedule, approval of the development plan will lapse. At its discretion and for good cause, the Lamar County Board of Commissioners may extend the period for beginning construction of any phase of the project for one (1) additional year. If approval of the development plan lapses under this provision, the subject P-M district will be removed from the official map (see section 2302) and the zoning districts and regulations which were in effect prior to the approval of the development plan will be reinstated. It is not necessary to follow section 410 amendatory procedures for this action, since its purpose is to correct an illegal situation caused by the failure of the applicant to fulfill the conditions upon which the approval of the P-M development was granted.
(Ord. No. 2010-16, 11-16-10)
In addition to the development standards contained in article 4 of these regulations, the following standards are required within P-M districts:
(a)
Development plan: Approved development plan must be carried out (see section 1205). P.M. districts must have public water and sewer services available for all lots and structures within the planned community.
(b)
Density controls: The maximum number of dwelling units per acre in residential areas of a planned development must not exceed 5.5 dwelling units per net acre of residential development within the P-M. (Net residential acreage refers only to land devoted primarily to residential purposes, exclusive of other uses, such as common open space, streets, and lakes. Gross acreage of residential development refers to land devoted primarily to residential purposes as well as open spaces, including private lakes within the P-M held under individual, common, or collective ownership for the use of residents of the residential development. Gross acreage for residential development does not include areas reserved or dedicated for street rights-of-way).
(c)
Deviation from required densities:
(1)
The Lamar County Board of Commissioners may allow higher net or gross residential densities, as well as a higher density of a particular residential use, as long as the applicant can show that such a higher density will not be detrimental to the surrounding neighborhood.
(2)
The Lamar County Board of Commissioners will consider a deviation from the specified maximum density only upon a favorable recommendation from the planning commission.
(d)
Dimensional and bulk regulations: The location of all proposed buildings and structures must be shown on the approved development plan; minimum lot sizes, setback lines, lot coverages, and floor areas shown on the development plan must be adhered to. The proposed location and arrangement of structures must not be detrimental to existing or proposed adjacent dwellings or to the development of the neighborhood.
(e)
Perimeter requirements: The Lamar County Board of Commissioners, upon recommendation of the planning commission, may impose one or both of the following requirements to protect the privacy of existing adjoining uses; structures or buildings located at the perimeter of the P-M development must be:
(1)
Setback a distance of fifty (50) feet from the boundary of the P-M development.
(2)
Permanently screened in a manner which protects the privacy of existing adjoining uses.
(f)
Control of area after completion: After completion of a planned development, the use of land and the construction, modification, or alteration of any buildings or structures within the P-M district must conform to the approved development plan. If community needs are found to be changing in the future and a revision of the approved development plan is thought to be needed, procedures contained in paragraph (e) of section 1205 must be followed.
(g)
Reserved.
(h)—(x)
Development standards common to most districts are listed under subsections 505(h)—(x).
(y)
Development standards shown in approved development plan: Other development standards shown in an approved development plan apply only to the development shown on the specific development plan. Such development standards must be maintained. (See section 1205 for related details.)
(z)
Design standards for all P-M developments:
(1)
General: Condition of soil, ground water level, drainage, and ground slope must not create hazards to the property, or to the health or safety of residents. The site must not be exposed to objectionable smoke, noise, odors, or other adverse conditions; and no part subject to flooding or erosion can be used for any purpose that would expose people or property to danger.
(2)
Soil and ground cover: Exposed ground surfaces throughout the development must be protected with a vegetative growth that prevents soil erosion, standing puddles and dust. If this is not possible, such areas may be covered with a solid material such as stone, or other permeable surfaces.
(3)
Site drainage: The ground surfaces throughout the development must be equipped to drain surface waters in a safe, efficient manner, either through grading or installation of drains. Low impact development (LID) and integrated management practices (IMP) techniques must be part of the P-M development design.
(4)
Required buffer: A buffer (see definition in article 2) is required along all lot lines of the development. This is in addition to common open space.
(Ord. No. 2010-16, 11-16-10)