(A)   The purpose of the Planned Community (P-C) Zone Overlay is to provide a regulatory tool which allows large properties in Morgan County to be developed in accordance with a specific plan designed to promote the following:

      (1)   High quality, innovative and creative development that includes a mixture of uses in accordance with the land use styles listed below, heights and setbacks, varying densities and lot sizes and sufficient diversity of housing types to meet the full life cycle of housing needs of Morgan County residents;

      (2)   Preservation of open space;

      (3)   Retail, employment and recreational uses that meet or exceed the needs of the residents of the P-C Zone Overlay;

      (4)   A bicycle and pedestrian friendly environment; and

      (5)   A desirable living and working environment with unique identity and character.

   (B)   This chapter establishes an approval and entitlement process to promote inventive and efficient land use patterns that would otherwise be difficult under typical zoning ordinances. Developments requesting the P-C zone overlay may include various mixes of non-residential and residential uses based on land use styles. Site design, including structures within the development shall be evaluated and reviewed through the site plan process contained in this code.

   (C)   The goal of this zoning district is to provide applicants an opportunity to create a tailor-made zoning district that will provide for a better development than what could be created and required by the county by using the existing specific zoning districts. Further, the rezoning process to the P-C district overlay is a legislative decision made by the County Commission. The applicant will need to demonstrate how the proposal to the P-C zoning district will create a development that exceeds the standards of the zoning ordinance to which a normal development would be held. Some examples of allowed entitlements and benefits would be additional density, variable land use standards, and increase to required amenities not normally required by the other zoning districts, protection of open space areas, and recreational infrastructure.

   (D)   Permitted densities and intensity of land use in villages and town centers may be higher than those permitted in neighborhoods, a general outline of such are included below.

(Ord. 23-19, passed 12-19-2023)

   The submittal requirements for the P-C zoning district overlay are extensive. As such, a general plan future land use map amendment shall be required prior to submittal of the formal rezoning. The future land use map amendment submittal shall be required to allow the applicant to present a draft of their proposal to the public and the applicable land use bodies. The submittal requirements shall include an application form, a preliminary concept development plan, and a preliminary narrative describing in general terms the overall goal of the project. Exception: If the overlay is proposed to be used with existing zoning in order to cluster density, then a future land use map amendment shall not be required.

(Ord. 23-19, passed 12-19-2023)

   (A)   Each P-C zone overlay shall establish land uses and development patterns, densities, and standards unique to the development's adopted ordinance. Upon approval, through the process set forth in this chapter, the established land uses and development patterns, densities, and standards shall be established pursuant to the P-C zone overlay plan, a narrative describing the proposed development patterns, zoning entitlements, densities, design criteria, and other stipulated design requirements, and one or more development agreements. The P-C zone overlay may consist of any number or combination of land use styles defined below. Each style proposed shall be identified in the applicant's community structure plan. The following general land use styles shall be incorporated into the narrative.

   (B)   Areas denoted as open space as part of clustering shall be preserved and shown on the zoning map as an indication that no further development potential shall be derived from these areas of the development.

(Ord. 23-19, passed 12-19-2023)

   Applicants for the P-C zoning overlay district shall clearly define the proposed development within a master development plan that shall be recorded as part of the zoning adoption. This development plan document shall include all of the following items and detail split into two tiers of development subject to total project size:

      (1)   General requirement:

         (a)   Narrative document;

         (b)   Preliminary development plan - types of uses;

         (c)   Proposed uses defined;

         (d)   Proposed development standards:

            1.   Lot area;

            2.   Lot coverage;

            3.   Max building height; and

            4.   Proposed setbacks;

         (e)   Design guidelines:

            1.   Architectural design;

            2.   Elevations/styles; and

            3.   Parking standards;

         (f)   Landscape and open space; and

         (g)   Photos taken from each side and corner of the development area showing both the property and surrounding area.

      (2)   Required maps and attachments:

         (a)   Vicinity map;

         (b)   Conceptual development plan;

         (c)   Conceptual landscape plan; and

         (d)   Conceptual circulation plan.

      (1)   General submittal requirements for Tier 2 projects shall include all of the requirements for Tier 1 projects plus the following items:

         (a)   Preliminary grading and drainage plans;

         (b)   Preliminary geohazards/geotech soils report;

         (c)   Preliminary infrastructure and utility plans;

         (d)   Traffic impact analysis, with proposed and anticipated infrastructure improvements to be required; and

         (e)   Slope analysis.

(Ord. 23-19, passed 12-19-2023)

   (C)   If the P-C Zone contains multiple owners, the owners may, if necessary to reach the minimum acreage requirement owners of multiple parcels may combine their properties for planning and development purposes.

   (D)   The following criteria shall be used by the County Commission to justify a reduction in required development acreage:

      (1)   The proposal would provide additional benefits to the county above the requirements of this subchapter;

      (2)   The proposed development incorporates additional inventive measures that provide for housing affordability;

      (3)   The proposed development will incorporate additional measures to promote efficient land use patterns;

      (4)   The proposed development would lessen congestion, or improve on areas of access; or

      (5)   The proposed reduction of acreage would allow for the preservation of an environmental resource or promote a more pedestrian friendly environment.

(Ord. 23-19, passed 12-19-2023)

   (A)   P-C zone overlay approval is a legislative decision of the land use authority for the county. It will require staff to review and draft a staff report for the proposed development. After which it will be placed on a Planning Commission meeting to receive a recommendation of either approval or denial and then forwarded to the County Commission for final decision.

   (B)   Approval of the development plan shall be processed concurrently with any and all development agreements associated with the project.

(Ord. 23-19, passed 12-19-2023)

   (A)   Site plans may be reviewed concurrently with a project's development plan or subdivision plat. Any proposed commercial, office, industrial, multi-family residential, open space, parks, or institutional developments and alterations to existing developments shall be located on legal lots of record created by metes and bounds conveyance with the approval of the county staff or pursuant to subdivision or condominium plats and shall meet the site plan review requirements outlined in this title. All county ordinances, including the P-C zone overlay adopted for the project and other requirements shall be met in preparing site plan applications and in designing and constructing the development. Where applicable, building permits may not be obtained nor shall any site work be performed prior to site plan approval as set forth in this title.

   (B)   All administrative applications (site plan and subdivision review) shall be required to following the approval of the P-C zone overlay. Concurrent review of the administrative applications shall not be allowed. The Land Use Authority for site plan review shall be the Zoning Administrator if the application shows that the site plan is in general conformance with the conceptual development plan that was adopted by the County Commission.

(Ord. 23-19, passed 12-19-2023)

      (1)   (a)   Open space is landscaped area, natural area, or farmland, which is established to provide and preserve recreational, agricultural, or other uses in the P-C zone overlay as approved by the County Commission. The applicable conceptual development plan and the project's development standards shall govern the use and character of the open space. Each P-C zone overlay shall contain a minimum open space area of the development as defined in the sections below.

         (b)   Open space will be recorded as a lot or lots in subdivisions or as common area in multi-family and non-residential developments and shall be maintained as open space through the creation of a conservation easement, designating the area as open space on the zoning map, or some other agreement as is approved by the land use authority in connection with project plan. This open space area shall have no further development potential as that potential was clustered within the developable area.

      (2)   Open space within rural subdivisions (those single-family residential developments with lot sizes of one acre or greater) shall preserve 50% of the total area for open space.

      (3)   Open space within all other developments (single-family less than one acre, multi- family, and all non-residential development) shall contain a minimum of 20% open space.

      (4)   Open space shall be divided into passive and active landscaped areas and amenities. The area required as defined above shall include 50% active, and 50% passive.

      (5)   The 50% active area has two main options. It shall be required to be all accessible to the public, or a 50-50 split such that all developments shall provide at least half of the active open space and amenities for public use. The other half may be set aside for private use for the residents of the development. Public use is subject to the reasonable rules and regulations imposed upon the use of the property by the development. Ownership of these open space areas shall be owned and maintained by the development (i.e. Home Owners Association).

      (6)   Active open space and amenities shall be defined as trails, club houses, pools, courts, parks, tot lots, ramadas and other similar items.

      (7)   Passive open space shall be all other areas that have native or landscape material that are part of the total required open space.

      (1)   Minimum yard areas shall be measured from the front, side and rear lines of lots, condominium private ownership yard areas (where building footprint is not recorded) or from accesses, driveways, or streets (where no property lines or private ownership yard areas exist).

      (2)   Buildings may not be located within a public right-of-way or utility easement.

      (3)   The minimum area, yard, width, frontage and other dimensional requirements of the P-C zone overlay shall be governed by the project development standards established pursuant to the requirements of this chapter.

      (1)   All mechanical equipment, antennas, loading and utility areas, and trash receptacles shall be screened from view with architectural features or walls consistent with materials used in the associated buildings as more specifically set forth in the applicable project development standards.

      (2)   Fences and landscape materials, except for mature trees which are pruned at least eight feet above the ground, shall not exceed three feet in height within a ten-foot triangular area formed by the edge of a driveway and the street right-of-way line or within a 30-foot triangular area formed by the right-of-way lines of intersecting streets.

      (1)   Architectural design of buildings and building materials shall be established in the project development standards.

      (2)   All building materials shall be high quality, durable, and low maintenance.

      (3)   The applicable project development standards shall address exterior relief of buildings, design of all sides of buildings, and architectural compatibility of buildings.

      (4)   All non-residential development shall incorporate four-sided architectural design along with building facade undulation and features to create visual interest.

      (5)   Colors and materials shall be presented in the conceptual development plan.

      (1)   The applicable project development standards shall address the landscaping and proper maintenance by the Home Owners Association of required front, side, and rear yards of lots (non- residential and residential) and private ownership areas in the P-C zone overlay.

      (2)   All areas of lots and parcels in the P-C zone overlay not designated for open space, parking, buildings, or other hard surfacing shall be landscaped and properly maintained, or in the case of large areas of preserved open space may be maintained in its natural area-scape. As such, designated open space shall remain in a natural condition, cultivated or landscaped, and properly maintained in accordance with the project development standards. If this area is disturbed during construction, then reseeding and revegetation shall occur to return it to its natural condition.

      (3)   All park strips and public right-of-way areas in the P-C zone overlay shall be landscaped and properly irrigated and maintained by the applicable property owners in the P-C zone overlay unless otherwise approved by the County Commission.

      (4)   A plan for the funding of on-going maintenance of all landscape and amenity areas by the HOA shall be presented for approval by staff at the time of site plan approval.

      (5)   Tree materials, percentages and sizes, shall be addressed in the conceptual development plan.

      (6)   Groundcover shall be addressed in the conceptual development plan, and may include alternatives other than grass, including xeriscape options.

      (7)   Rural area development may benefit from reduced infrastructure requirements such as removing curb, gutter, and sidewalks from the street design.

      (1)   Height in large lot or rural single-family residential zones shall not exceed 35 feet. Negotiated height shall not be permitted in these zones.

      (2)   Height increases within small lot, multi-family, or commercial developments may be considered. Final approvals shall not exceed 50 feet in height. View corridor plans shall be reviewed as part of the submittal and may affect the maximum height approved by the County Commission.

      (3)   Height increases for industrial developments may be considered as part of the approval process. View corridor plans shall be reviewed as part of the submittal and may affect the maximum height approved by the County Commission.

   (I)   All developments shall be graded according to the county's engineering and building requirements to provide adequate drainage. Buildings shall be equipped with facilities for the discharge of all roof drainage onto the subject lot or parcel.

   (J)   The applicable owners shall properly maintain all private areas of individual lots or parcels.

   (K)   All common area improvements including buildings, open space, recreational facilities, roads, fences, utilities, landscaping, walkways, street lights and signs not specifically dedicated to the county or accepted for ownership or maintenance by the county shall be perpetually maintained by the applicable owners or their agents through a special taxing district, owners' association with power to assess and collect fees for maintenance or other assessment and maintenance mechanisms acceptable to the County Commission. Improvements for which the county agrees to accept maintenance responsibility shall be reviewed by the applicable county agency for compliance with adopted standards prior to approval.

   (L)   A comprehensive sign package shall be included as part of the conceptual development plan. The sign package shall include the following information:

      (1)   Descriptions of each type of proposed sign;

      (2)   Proposed sizes of each type of sign;

      (3)   Colors proposed for the development;

      (4)   Materials to be used for the signs and related structures; and

      (5)   Elevation drawings showing estimated location of each type of sign.

(Ord. 23-19, passed 12-19-2023)

   In conjunction with the approval of a P-C zone overlay, conceptual site plan, and the project's conceptual development plan, the applicant and the county may need to enter into development agreements for utility and infrastructure improvements that may result from a proposed Public Improvement District (PID). This process shall be deemed to be an administrative item not requiring a public hearing.

(Ord. 23-19, passed 12-19-2023)

   (A)   Except as provided below in division (B) amendments to the P-C zone overlay, all associated development agreements, and existing PRUD subdivisions shall be treated as a rezone and shall require submittal of a new application including forms, fees, public notice requirements, public hearings, recommendation by the Planning Commission, and final decision by the County Commission.

   (B)   Minor amendments shall be allowed administratively according to the determination of the Zoning Administrator as long as the amendments or changes do not exceed the following restrictions (no more than two minor amendments may be approved):

      (1)   Less than 5% change in the total square feet of the proposed buildings, or total number of units (plus or minus);

      (2)   Less than ten% change in the building height or permitted number of stories;

      (3)   Rearrangement of the proposed lot and street layouts, structures or development elements as long as there is no change in height, square feet, or total number of units to be development that exceeds divisions (1) and (2) above; or

      (4)   Less than a 10% increase or decrease in setback requirements within the original conceptual development plan.

      (5)   No open space requirements shall be reduced.

      (6)   That no other minor amendments in excess of that allowed in division (B) above have been granted for the development. Additional minor amendment requests shall result in being treated as a major amendment requiring new submittal as detailed in division (A) above.

(Ord. 23-19, passed 12-19-2023)