The purpose of the PD zone is to provide flexibility in the city's zoning scheme in order to allow for unique, innovative and well planned developments that would not be possible under one of the city's existing zoning classifications. PD zones are not intended for use in situations where a proposed development is reasonably feasible under one of the city's existing zoning classifications or in situations where the primary purpose is to obtain a relaxation of standards applicable to similar types of development in other zones.

PD zones are intended for use primarily in the following situations:

   A.   High density residential projects near or adjacent to Highway 89, south of city limits to include parcels of land in and within the application of annexation and adjacent parcels.

   B.   Mixed use projects near or adjacent to Highway 89.

   C.   Where no existing zoning classification is both sufficiently permissive to allow uses that would be suitable on the property and sufficiently restrictive to protect the character and quality of neighboring properties. Examples of this type of situation may include the following:

      1.   Where the setbacks, building height limits or other standards of an existing zone are not necessary for the protection of neighboring properties or the general welfare of the city because of the proximity of a parcel of property to a particular landscape feature such as a cliff or a hillside where there would be no negative impact from a relaxation of such standards;

      2.   Where a few uses in an existing zone would be appropriate on a particular parcel of property, but the remainder of the uses in that zone would not be appropriate; or

      3.   Where additional setbacks, or other buffers are needed to protect neighboring properties from uses to be employed on a parcel of property.

   D.   PD zones shall not be created for residential development except in the following situations:

      1.   Subsections A and B of this section.

      2.   Residential development that is significantly different in design, layout or characteristics from the type of residential development allowed under existing zoning classifications. PD zones will not be available merely to increase density or to relax development requirements normally applicable to similar types of residential development in existing residential zones.

      3.   Parcels that are unsuitable for single-family dwellings or duplexes due to location or topography of the land.

   E.   In order to utilize TDRs in an efficient manner. (Ord. 2006-31, 11-7-2006, eff. 11-7-2006)

A concept plan shall be submitted prior to or with every application to create a new PD zone. The planning commission shall review the concept plan and shall provide its recommendation to the city council. The concept plan shall at a minimum include the following:

   A.   A layout of all parking areas, amenities, open spaces, landscaped areas and drive accesses.

   B.   The number of residential units per acre, if applicable.

   C.   The legal description of the subject property.

   D.   A topographic map of the subject property and adjacent property within fifty feet (50') of the subject property.

   E.   A tabulation of the total land area and the percentage thereof designated for various proposed uses.

   F.   A general circulation plan indicating both public and private vehicular and pedestrianways.

   G.   Any additional information that the city may deem necessary to determine whether the proposed PD zone is in the interest of the public health, safety and welfare. Information may include, but is not limited to: proposed building footprints, building heights and the orientation of all buildings; architectural renderings that illustrate the architectural style(s), materials and the designs to be employed in the development; a preliminary title report; a preliminary plan for storm drainage, sewage disposal, grading and public utilities and statement indicating the future form of ownership (e.g., sole owner, condominiums, etc.) and responsibility for maintenance of the project areas such as streets, structures and open spaces.

The text of any particular PD zone may modify the requirements of the concept plan required for that specific PD zone. All development in a PD zone shall conform to the concept plan unless as otherwise modified as noted below. (Ord. 2006-31, 11-7-2006, eff. 11-7-2006)

An approved concept plan may be modified in the same manner as an amendment to the zoning ordinance. The planning director may (but shall not be obligated to) administratively approve minor modifications to a concept plan. A modification may be considered minor if it does not:

   A.   Increase the density of residential units (if applicable) or change the approved uses;

   B.   Detract from the overall safety or aesthetics of the original concept plan;

   C.   Substantially alter the architecture of design characteristics of the original concept plan;

   D.   Create a greater adverse impact on neighboring properties than the original concept plan; and

   E.   Increase the proposed square footage of buildings by more than ten percent (10%). (Ord. 2006-31, 11-7-2006, eff. 11-7-2006)

All phases of the final approved overall phasing plan may expire and become null and void after eight (8) years from the original city council approval of the preliminary plat. The eight (8) year time period may be extended by the planning commission. The planning commission may not grant an extension unless it finds, based on substantial evidence placed in the record, that:

   A.   Substantial progress is being made toward recording of the first phase; and

   B.   The preliminary plat conditions of approval are still viable based on currently applicable requirements of this code; and

   C.   An ordinance change has not occurred or is being considered that may substantially affect the activity of the subdivision authorized by the preliminary plat approval. (Ord. 2008-03, 1-23-2008, eff. 4-2-2008)

A PD zone may only be applied to a parcel or combination of parcels totaling at least one hundred (100) acres. (Ord. 2006-31, 11-7-2006, eff. 11-7-2006)

   A.   PD zones may contain TDR sending and receiving areas. If a PD zone application requests a higher residential density than the existing general plan designation, the city council may require the applicant to utilize TDRs to achieve some or all of the increased density. (Ord. 2006-31, 11-7-2006, eff. 11-7-2006)