Newman City Zoning Code
CHAPTER 5
12 P-D PLANNED DEVELOPMENT DISTRICT
§ 5.12.010 Purpose.
The purpose of the P-D Planned Development District is to provide a zoning district that affords the opportunity for diverse development which is not otherwise possible under more traditional zoning regulations. The intent is to allow flexibility in the design of a project and a mix of densities and/or uses within the parameter of quality design and consistency with the General Plan.
(Ord. 97-17, 10-28-1997)
§ 5.12.020 Generally.
The following regulations shall apply in all P-D Districts and shall be subject to the provisions of Chapter 5.02 NCC and other provisions of this title not inconsistent with the following specific regulations:
A.
No P-D District zoning shall be adopted for any area of less than two acres except that an application for such zoning shall be allowed for properties of less than two acres; provided, that the properties existed in that configuration at the time of the effective date of the ordinance codified in this chapter.
B.
Connection to sanitary sewer and approved public water systems shall be mandatory in all P-D Districts prior to occupancy.
C.
All uses, when consistent with the General Plan, shall be allowed in P-D Districts subject to the approval of the development plan by the Planning Commission.
D.
Minimum lot size, setback and parking requirements, and maximum height, density, and percentage of coverage shall be established for each P-D District by the development plan approved by the Planning Commission.
E.
P-D District zoning shall be adopted or changed in the same manner prescribed by this title concerning zoning district amendments. No P-D District zoning shall be adopted unless a development plan has been approved for the area.
F.
Each P-D District map shall be numbered, the first adopted being shown on the zoning map as P-D(1) and each map subsequently adopted being numbered successively.
(Ord. 97-17, 10-28-1997)
§ 5.12.030 Development plan required.
An application for P-D zoning shall be made to the Planning Commission and shall include and be accompanied by a development plan. The development plan shall be adopted by resolution and the P-D District, when established, shall become part of the zoning map of the City as provided in this title.
A.
The development plan shall include:
1.
A map showing any street system and lot design proposed within the area. Any areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and other such uses must be shown. Compliance with this requirement shall not be construed to relieve the applicant from applicable regulations of the City.
2.
A plot plan for each building site in the proposed P-D District as required by the Planning Commission. The plot plan shall show the approximate location of all proposed buildings, indicating maximum and minimum distances between buildings, and between buildings and property or building site lines, and the location of all active or abandoned wells, septic systems, and irrigation lines.
3.
Elevations and, where necessary, perspective drawings of all proposed structures except single-family residences and their accessory buildings. Such drawings need not be the result of final architectural decisions and need not be in detail. The purpose of such drawings is to indicate within stated limits the height of proposed buildings and the general appearance of the proposed structures to the end that the entire development will have architectural unity and be in harmony with surrounding developments.
4.
Any or all of the following plans and diagrams may also be required by the Planning Commission or similar information may be required to be included on the plot plan or appended thereto:
a.
Off-street parking and loading plan.
b.
A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the P-D District and to and from adjacent public thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern shall be shown.
c.
Landscaping and tree plan.
d.
A map showing the existing and proposed topography of the area at one-foot intervals, and trees over six inches in diameter measured four feet above ground.
e.
An economic feasibility report or market analysis.
f.
Solid waste systems:
i.
Type of storage.
ii.
Collection accessibility.
iii.
Franchise collector, ability.
g.
In areas of industrial development:
i.
Prevailing wind direction, air currents and adjacent development, existing or proposed.
ii.
Total contribution of air contaminants.
h.
Noise factor of the proposed development.
B.
Any subsequent changes proposed in the development plan shall be submitted to the City Manager and shall be treated as follows:
1.
If the proposed changes do not involve new uses, the Planning Director shall have the authority to approve such changes; provided, that the proposed changes conform in principle and character to the approved plan.
2.
If the proposed changes do not in the opinion of the Planning Director conform to the development plan, the proposed changes shall be referred to the Planning Commission and may be approved in accordance with the procedure set forth in this title for use permits.
3.
If, in the opinion of the Planning Director, the proposed changes are of such a size or nature as to change the character of the development plan, such changes will be referred to the Planning Commission and City Council as a request for adoption of a new development plan.
(Ord. 97-17, 10-28-1997)
§ 5.12.040 Development schedule.
A.
An application for P-D District zoning shall be accompanied by a development schedule indicating to the best of the applicant's knowledge the approximate date when construction of the project can be expected to begin, the anticipated rate of development, and the completion date. The development schedule, if approved by the Commission, shall become part of the development plan and shall be adhered to by the owner of the property and successors in interest. Cash shall be deposited with the City or a savings and loan certificate or letter of credit or a performance bond issued by a corporate surety company, in an amount to be determined by the Director of Public Works, to cover the cost of public improvement adjacent to the proposed development prior to the issuance of the building permit for first-phase construction. The Planning Commission shall have authority to compare, from time to time, the actual development accomplished in the various P-D Zone Districts with the approved development schedules.
B.
If the approved development schedule is not met, the Planning Commission may initiate proceedings under Chapter 5.26 NCC to rezone the property back to the zone classification it held immediately prior to being zoned P-D, or other appropriate zone classification.
C.
Upon request by the property owner and for good cause shown, the Planning Commission may extend the time limits of the development schedule, provided that any request for an extension shall be on file in the office of the City Planning Director prior to the expiration of any time limit required by the development schedule.
(Ord. 97-17, 10-28-1997)