Oakland City Zoning Code
ARTICLE VII
Planned District Procedures
Section 405.600 Petition to Board of Aldermen.
[CC 1997 §26-16.1; Ord. No. 616 §2, 6-11-2001]
A.
A Planned Residential District may be established by application or petition. The owners or option holders of any tract of land may submit to the Board of Aldermen a plan for the use and development of all or part of such tract for the purposes of and meeting the requirements set forth in this Article.
B.
In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities of each tract so zoned shall be in single ownership or under the management or supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this Article.
Section 405.605 Planning and Zoning Commission Review.
[CC 1997 §26-16.2]
A.
The proposed plan shall be referred to the Planning and Zoning Commission for study, a public hearing thereon and recommendation and report to the Board of Aldermen.
B.
The Planning and Zoning Commission shall not act on the recommendation of any proposed plan before holding a public hearing thereon and prior to holding a public hearing on any proposed plan, at least fifteen (15) days' written notice thereof shall be given to all property owners within one hundred eighty-five (185) feet of the boundary of the premises under consideration and at least fifteen (15) days' written notice thereof shall be given in a newspaper of general circulation.
C.
After holding a public hearing on any proposed plan, the Planning and Zoning Commission shall act on the recommendation of such proposed plan and shall submit its report of such action to the Board of Aldermen for its consideration and action. Said report shall include, but not by way of limitation, all documents comprising the proposed plan referred to the Planning and Zoning Commission, the recommendation of the Planning and Zoning Commission with respect to such proposed plan, the reasons for approval or disapproval of such proposed plan and how such proposed plan meets the requirements of the Planned Residential District as set forth in this Chapter.
D.
If no report is transmitted by the Planning and Zoning Commission within ninety (90) days of the date of referral of such proposed plan to the Planning and Zoning Commission for study, public hearing and recommendation and report pursuant hereto, the Board of Aldermen may take action with respect to such proposed plan without further awaiting such report.
Section 405.610 Final Action by the Board of Aldermen.
[CC 1997 §§26-16.3 — 26-16.33]
A.
The Board of Aldermen may approve the plan and amend the Zoning District Map in accordance with Section 405.750. In case of an adverse report by the Commission, such amendment, supplement, change, modification or repeal shall not become effective except by an affirmative vote of three (3) members of the Board of Aldermen.
B.
The applicant shall file a surety bond or escrow cash or equivalent to insure the removal of any improvements which are started but not completed in accordance with the approved plan or to complete and carry out the construction plan of the planned residential development within three (3) years from the date of the approval of the plan by the Board of Aldermen or as extended by the Board. Such bond or escrow shall provide that the same is enforceable by the City for the purposes set out above if the applicant does not complete the development in accordance with the approved plan within the specified time. The amount of such bond shall be equal to three percent (3%) of the estimated cost of construction of residential development improvements. The form and conditions of the surety bond or escrow agreement shall be approved by the City Attorney.
Section 405.615 Compliance With Plan.
[CC 1997 §26-16.4]
Structures, improvements and landscaping shall be built or installed and maintained in accordance with the plan as approved herein by the Board of Aldermen. This will be in respect to all requirements of said plan and shall include, but not be limited to, the location of the structures, layout and improvement of off-street parking and loading areas, location and width of driveways, ingress and egress to and from the site, grading, location and planting of landscaped areas and fencing and location and design of lighting and signs. Once said structures, improvement and landscaping have been built or installed, it shall be the duty of the owner or agent of the property, buildings or premises to maintain said structures, improvements and landscaping in accordance with the plan approved herein.
Section 405.620 Criteria for Reviewing Applications.
[CC 1997 §§26-16.5 — 26-16.57]
A.
In considering whether or not such application for a planned district should be granted, it shall be the duty of the Commission and the Board to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the City generally. In considering the planned use or uses, the Commission and the Board should consider the following:
1.
The appropriateness of the proposed use or uses for the site in terms of land patterns in the entire City.
2.
The compatibility with surrounding uses and compatibility with the surrounding neighborhood.
3.
The comparative size, floor area and mass of the proposed structures in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.
4.
The general appearance of the neighborhood will not be adversely affected by the location of the proposed use on the parcel.
5.
The capacity of adjacent streets to handle increased traffic in terms of traffic volume.
6.
The number of traffic movements generated by the proposed use or uses and the relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood, not in terms of the street's capacity to absorb the additional traffic, but rather in terms of any significant increase in hourly or daily traffic levels.
7.
The requirements for public services where the demands of the proposed use is in excess of the individual demand of adjacent land uses in terms of Police and fire protection, the presence of any potential or real fire hazards created by the proposed use.