28 - P-C PLANNED COMMUNITY DISTRICT REGULATIONS
The purposes of this class of district are to:
A.
Establish appropriate zoning regulations for large tracts of land which are under unified ownership or development control, permitting the long term development of such tracts with appropriate uses of land while insuring that:
1.
The development will be consistent with the adopted general plan of the town,
2.
The tract will be planned and development executed in a manner providing an environment of stable quality and desirable character,
3.
The development when completed will be compatible with present and probable future uses in the surrounding area as a whole;
B.
Provide zoning regulations applicable to large tracts of land and a procedure for approving general development plans which will serve as a guide for preparation and filing of more specific development plans for sectional units as authorized by this title;
C.
Provide reasonable assurance to the developer that sectional unit plans will be acceptable to the town when such plans conform with the general development plan and general development schedule approved, and the terms and conditions required by the ordinance establishing the particular P-C district.
(Ord. 1967-80 § 1 (6402.1), 1967)
A P-C district may be occupied by uses as specified in Section 18.28.060. Unless specifically modified by the planned community general development plan and general development schedule for the particular P-C district, use of any parcel is subject to:
A.
The provisions governing accessory uses set forth in Chapter 18.42;
B.
Parcel area, open space and bulk requirements set forth in Chapters 18.42 and 18.48 through 18.60;
C.
The off-street parking requirements set forth in Chapter 18.60;
D.
Provisions regulating nonconforming uses set forth in Chapter 18.46;
E.
The required conditions set forth in Section 18.28.070;
(Ord. 1967-80 § 1 (6402), 1967)
Sectional units may consist of:
A.
Subdivisions conforming with the requirements of the subdivision title and amendments thereto;
B.
Planned unit developments as provided for in this title and subject to the requirements of Chapter 18.44.
(Ord. 1967-80 § 1 (6402.2), 1967)
In order to further the purposes set forth above, change of zoning district from any P-C district to any other district, or the establishment of any new P-C district or combining districts, shall be made only when in accordance with the general plan of the town and subject to the procedures and requirements of this title.
(Ord. 1967-80 § 1 (6402.3), 1967)
A planned community district prescribes the nature, design, and character of development permitted in the district by setting forth: uses to be permitted and general location; circulation; height, area, and bulk regulations; parking and other applicable regulations; and provides for development of the district only through sectional units as set forth in Section 18.28.030, which units will more particularly establish the design and character of the development. The terms of the ordinance establishing a P-C district may set forth requirements for particular uses and requirements in the P-C district, that are in addition to and more specific than those set forth in Chapters 18.24 through 18.32.
(Ord. 1967-80 § 1 (6402.4), 1967)
When in conformity with the adopted general plan of the town and subject to the limitations of the ordinance establishing the particular P-C district, the following uses are permitted when included in the approved general development plan for the particular P-C district and are subject to the conditions specified in this section:
A.
Principal uses and accessory uses permitted in R-1 and R-E districts by Chapters 18.10 through 18.16, 18.36 and 18.40;
B.
Horticulture and grazing either as permanent uses or pending the development of the lands for other purposes set forth in the general development plan approved in conjunction with the establishment of the particular P-C district;
C.
The following uses, subject to the securing of a conditional use permit:
1.
Residential planned unit development,
2.
Conditional uses permitted in R-1 and R-E districts by Chapters 18.10 through 18.16.
(Ord. 1967-80 § 1 (6402.5), 1967)
A. P-C districts may be established only on parcels of land which contain sixty or more acres and which are suitable to permit the unified development of a major section of the town for residences together with appropriate local facilities including, but not limited to, open space preserves, parks and playgrounds, trails and paths, and schools.
B.
At the time of application, the tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all the property included. The holder of a written option to purchase land shall, for purposes of such application, be deemed to be an owner of such land.
C.
Subsequent to the establishment of a P-C district, disposal of any lands, property, or estates in such district shall be only in such units and manner as prescribed in the approved general development plan, the conditions and requirements attached thereto, and the terms of the ordinance establishing the P-C district, and, in addition, shall be subject to the procedures and requirements of the town subdivision ordinance.
D.
The limitations and conditions set forth in Chapters 18.10 through 18.16 for residential districts shall apply to the size, placement, and lighting of any sign in any P-C district.
E.
Properties identified on the Flood Insurance Rate Maps shall comply with the provisions of Chapter 18.32.
F.
Properties with historic resources as identified in the historic element of the general plan shall comply with the provisions of Chapter 18.31.
(Ord. 1994-276 § 4 Exh. A (part), 1994; Ord. 1967-80 § 1 (6402.6), 1967)
An S-D district or districts shall be established in combination with each P-C district. In each case the combining density districts established shall be consistent with the adopted general plan for the town. The total number of dwelling units permissible in the entire P-C district shall be determined in the same general manner as provided in Section 18.50.050 for planned unit development. For the purpose of determining the permissible number of dwelling units, the land area used shall be the gross residential area which, for this purpose, includes: the total area of any residential planned unit development; areas designated exclusively for occupancy by single-family dwellings, uses accessory thereto, and local roads serving such areas; easements for paths and trails; open space preserves; and areas reserved for the exclusive use of residents of the P-C district and their guests.
(Ord. 1967-80 § 1 (6402.7 (A)), 1967)
The distribution of the permissible number of dwelling units on the site need not conform with the distribution which would otherwise be required within such areas established by the S-D district boundaries provided that:
A.
The resultant distribution and character of development complies with the required conditions, Section 18.28.070, and is consistent with the purposes of this ordinance and the town general plan;
B.
Property rights are offered for dedication to the town limiting the number of dwelling units on each sectional unit in the P-C district to the number set forth in the approved general development plan and general development schedule;
C.
Rights and interests in other areas are offered for dedication to the town to the extent necessary to assure that future development will be in accordance with the approved general development plan and general development schedule;
D.
Such dedications are declared to be for the purpose of preserving open space and scenic beauty pursuant to Chapter 12 of Division 7 of Title 1 of the Government Code, Sections 6950 through 6954.
(Ord. 1967-80 § 1 (6402.7 (B)), 1967)
In each P-C district hereafter established the location of all buildings and uses shall be in conformity with the requirements set forth in Chapters 18.24 through 18.32 and shall conform with the approved general development plan, the conditions and requirements attached thereto, the general development schedule, and the terms of the ordinance establishing the particular P-C district. All public uses shall be in conformity with the general plan of the town. Along all P-C district boundaries, yards shall be provided which are not less in dimension than required for yards for the abutting property in the adjoining district.
(Ord. 1967-80 § 1 (6402.7 (C)), 1967)
Application shall be made in the manner specified by Chapter 18.74 and shall be accompanied by the following:
A.
A general development plan showing: existing topographic character of the land, grading proposed, if any, with approximate indication of the extent of cut and fill; approximate location of thoroughfares and collector streets; proposed uses of the land including, but not limited to, public uses such as schools, parks and playgrounds, paths, hiking and riding trails; open space preserves; quasi-public uses such as golf courses and private club houses; and for residential uses, the approximate location of different densities of dwelling units and types of residential groupings;
B.
A report and engineering geology map with cross-sections describing the major geologic soils features by which the stability of the proposed development may be evaluated. Such features shall include any landslides and active faults, the engineering properties of soils and rocks, the nature of surface and subsurface water conditions, and such other features as are relevant to the particular site. The report shall evaluate the interaction of the proposed development with the existing features and processes and shall indicate how the proposed development accommodates itself to the existing geologic conditions;
C.
A general development schedule, indicating:
1.
The anticipated timing of development for each sectional unit of the district for which sectional unit development plans will be submitted,
2.
The approximate area of each sectional unit of the district,
3.
The approximate land area proposed for private uses by type of use for the entire district and each sectional unit,
4.
The approximate land area and number of sites proposed for public uses of each type;
5.
The approximate standards of usable private open space, building coverage, and dwelling unit density proposed for each sectional unit of the development,
6.
The number of dwelling units proposed in each sectional unit and the total number in the entire district,
7.
The approximate total population anticipated in the entire district and in each sectional unit,
8.
The amount and type of private recreation facilities proposed to be provided in conjunction with the development or any part thereof;
D.
The information required in the general development schedule may, where approximately, be stated in a range giving maximums and minimums.
(Ord. 1967-80 § 1 (6402.8), 1967)
A. The planning commission, after public hearing as provided in Chapter 18.76, may recommend the establishment of a P-C district provided it finds that the facts submitted with the application and presented at the hearing establish beyond reasonable doubt that:
1.
The proponents of the planned community development intend and are capable of commencing development of the first sectional unit within one year of the establishment of the planned community district;
2.
The proposed development will constitute an environment of sustained desirability and stability, and that it will be in conformity with the town general plan and in harmony with the character of the surrounding area;
3.
The sites proposed for public facilities, such as schools, playgrounds, and parks are adequate to serve the anticipated population and are acceptable to the public authorities having jurisdiction thereof;
4.
Local roads, thoroughfares, trails, and paths proposed are suitably located and adequate to carry the traffic anticipated thereon.
B.
The commission may recommend approval of the plan and schedule as submitted, or may recommend approval of the plan and schedule subject to specified modifications.
C.
If, from the facts presented, the planning commission is unable to make the findings set forth in subsection A of this section, it shall disapprove the application.
(Ord. 1967-80 § 1 (6402.9), 1967)
Action by the council on the application for P-C district shall be in accordance with Chapter 18.74. Action to approve the establishment of a P-C district shall include approval of the planned community development plan and general development schedule or such modifications thereof as are recommended by the planning commission. All development within the district shall thereafter be in conformity with the approved plan and schedule or such amendments thereof as may be approved.
(Ord. 1967-80 § 1 (6402.10), 1967)
An application for a conditional use permit for planned unit development or other permitted use for a section or sections of the area proposed to be encompassed by a planned community district may be submitted at the same time as an application for rezoning to establish a planned community district. Action on the conditional use permit may be taken concurrently with action on the planned community district but shall be conditioned to become effective only upon establishment of the P-C district by the council.
(Ord. 1967-80 § 1 (6402.11), 1967)
The general development plan and general development schedule for a P-C district may be amended in the manner provided for other amendments to this title.
(Ord. 1967-80 § 1 (6402.12), 1967)
28 - P-C PLANNED COMMUNITY DISTRICT REGULATIONS
The purposes of this class of district are to:
A.
Establish appropriate zoning regulations for large tracts of land which are under unified ownership or development control, permitting the long term development of such tracts with appropriate uses of land while insuring that:
1.
The development will be consistent with the adopted general plan of the town,
2.
The tract will be planned and development executed in a manner providing an environment of stable quality and desirable character,
3.
The development when completed will be compatible with present and probable future uses in the surrounding area as a whole;
B.
Provide zoning regulations applicable to large tracts of land and a procedure for approving general development plans which will serve as a guide for preparation and filing of more specific development plans for sectional units as authorized by this title;
C.
Provide reasonable assurance to the developer that sectional unit plans will be acceptable to the town when such plans conform with the general development plan and general development schedule approved, and the terms and conditions required by the ordinance establishing the particular P-C district.
(Ord. 1967-80 § 1 (6402.1), 1967)
A P-C district may be occupied by uses as specified in Section 18.28.060. Unless specifically modified by the planned community general development plan and general development schedule for the particular P-C district, use of any parcel is subject to:
A.
The provisions governing accessory uses set forth in Chapter 18.42;
B.
Parcel area, open space and bulk requirements set forth in Chapters 18.42 and 18.48 through 18.60;
C.
The off-street parking requirements set forth in Chapter 18.60;
D.
Provisions regulating nonconforming uses set forth in Chapter 18.46;
E.
The required conditions set forth in Section 18.28.070;
(Ord. 1967-80 § 1 (6402), 1967)
Sectional units may consist of:
A.
Subdivisions conforming with the requirements of the subdivision title and amendments thereto;
B.
Planned unit developments as provided for in this title and subject to the requirements of Chapter 18.44.
(Ord. 1967-80 § 1 (6402.2), 1967)
In order to further the purposes set forth above, change of zoning district from any P-C district to any other district, or the establishment of any new P-C district or combining districts, shall be made only when in accordance with the general plan of the town and subject to the procedures and requirements of this title.
(Ord. 1967-80 § 1 (6402.3), 1967)
A planned community district prescribes the nature, design, and character of development permitted in the district by setting forth: uses to be permitted and general location; circulation; height, area, and bulk regulations; parking and other applicable regulations; and provides for development of the district only through sectional units as set forth in Section 18.28.030, which units will more particularly establish the design and character of the development. The terms of the ordinance establishing a P-C district may set forth requirements for particular uses and requirements in the P-C district, that are in addition to and more specific than those set forth in Chapters 18.24 through 18.32.
(Ord. 1967-80 § 1 (6402.4), 1967)
When in conformity with the adopted general plan of the town and subject to the limitations of the ordinance establishing the particular P-C district, the following uses are permitted when included in the approved general development plan for the particular P-C district and are subject to the conditions specified in this section:
A.
Principal uses and accessory uses permitted in R-1 and R-E districts by Chapters 18.10 through 18.16, 18.36 and 18.40;
B.
Horticulture and grazing either as permanent uses or pending the development of the lands for other purposes set forth in the general development plan approved in conjunction with the establishment of the particular P-C district;
C.
The following uses, subject to the securing of a conditional use permit:
1.
Residential planned unit development,
2.
Conditional uses permitted in R-1 and R-E districts by Chapters 18.10 through 18.16.
(Ord. 1967-80 § 1 (6402.5), 1967)
A. P-C districts may be established only on parcels of land which contain sixty or more acres and which are suitable to permit the unified development of a major section of the town for residences together with appropriate local facilities including, but not limited to, open space preserves, parks and playgrounds, trails and paths, and schools.
B.
At the time of application, the tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all the property included. The holder of a written option to purchase land shall, for purposes of such application, be deemed to be an owner of such land.
C.
Subsequent to the establishment of a P-C district, disposal of any lands, property, or estates in such district shall be only in such units and manner as prescribed in the approved general development plan, the conditions and requirements attached thereto, and the terms of the ordinance establishing the P-C district, and, in addition, shall be subject to the procedures and requirements of the town subdivision ordinance.
D.
The limitations and conditions set forth in Chapters 18.10 through 18.16 for residential districts shall apply to the size, placement, and lighting of any sign in any P-C district.
E.
Properties identified on the Flood Insurance Rate Maps shall comply with the provisions of Chapter 18.32.
F.
Properties with historic resources as identified in the historic element of the general plan shall comply with the provisions of Chapter 18.31.
(Ord. 1994-276 § 4 Exh. A (part), 1994; Ord. 1967-80 § 1 (6402.6), 1967)
An S-D district or districts shall be established in combination with each P-C district. In each case the combining density districts established shall be consistent with the adopted general plan for the town. The total number of dwelling units permissible in the entire P-C district shall be determined in the same general manner as provided in Section 18.50.050 for planned unit development. For the purpose of determining the permissible number of dwelling units, the land area used shall be the gross residential area which, for this purpose, includes: the total area of any residential planned unit development; areas designated exclusively for occupancy by single-family dwellings, uses accessory thereto, and local roads serving such areas; easements for paths and trails; open space preserves; and areas reserved for the exclusive use of residents of the P-C district and their guests.
(Ord. 1967-80 § 1 (6402.7 (A)), 1967)
The distribution of the permissible number of dwelling units on the site need not conform with the distribution which would otherwise be required within such areas established by the S-D district boundaries provided that:
A.
The resultant distribution and character of development complies with the required conditions, Section 18.28.070, and is consistent with the purposes of this ordinance and the town general plan;
B.
Property rights are offered for dedication to the town limiting the number of dwelling units on each sectional unit in the P-C district to the number set forth in the approved general development plan and general development schedule;
C.
Rights and interests in other areas are offered for dedication to the town to the extent necessary to assure that future development will be in accordance with the approved general development plan and general development schedule;
D.
Such dedications are declared to be for the purpose of preserving open space and scenic beauty pursuant to Chapter 12 of Division 7 of Title 1 of the Government Code, Sections 6950 through 6954.
(Ord. 1967-80 § 1 (6402.7 (B)), 1967)
In each P-C district hereafter established the location of all buildings and uses shall be in conformity with the requirements set forth in Chapters 18.24 through 18.32 and shall conform with the approved general development plan, the conditions and requirements attached thereto, the general development schedule, and the terms of the ordinance establishing the particular P-C district. All public uses shall be in conformity with the general plan of the town. Along all P-C district boundaries, yards shall be provided which are not less in dimension than required for yards for the abutting property in the adjoining district.
(Ord. 1967-80 § 1 (6402.7 (C)), 1967)
Application shall be made in the manner specified by Chapter 18.74 and shall be accompanied by the following:
A.
A general development plan showing: existing topographic character of the land, grading proposed, if any, with approximate indication of the extent of cut and fill; approximate location of thoroughfares and collector streets; proposed uses of the land including, but not limited to, public uses such as schools, parks and playgrounds, paths, hiking and riding trails; open space preserves; quasi-public uses such as golf courses and private club houses; and for residential uses, the approximate location of different densities of dwelling units and types of residential groupings;
B.
A report and engineering geology map with cross-sections describing the major geologic soils features by which the stability of the proposed development may be evaluated. Such features shall include any landslides and active faults, the engineering properties of soils and rocks, the nature of surface and subsurface water conditions, and such other features as are relevant to the particular site. The report shall evaluate the interaction of the proposed development with the existing features and processes and shall indicate how the proposed development accommodates itself to the existing geologic conditions;
C.
A general development schedule, indicating:
1.
The anticipated timing of development for each sectional unit of the district for which sectional unit development plans will be submitted,
2.
The approximate area of each sectional unit of the district,
3.
The approximate land area proposed for private uses by type of use for the entire district and each sectional unit,
4.
The approximate land area and number of sites proposed for public uses of each type;
5.
The approximate standards of usable private open space, building coverage, and dwelling unit density proposed for each sectional unit of the development,
6.
The number of dwelling units proposed in each sectional unit and the total number in the entire district,
7.
The approximate total population anticipated in the entire district and in each sectional unit,
8.
The amount and type of private recreation facilities proposed to be provided in conjunction with the development or any part thereof;
D.
The information required in the general development schedule may, where approximately, be stated in a range giving maximums and minimums.
(Ord. 1967-80 § 1 (6402.8), 1967)
A. The planning commission, after public hearing as provided in Chapter 18.76, may recommend the establishment of a P-C district provided it finds that the facts submitted with the application and presented at the hearing establish beyond reasonable doubt that:
1.
The proponents of the planned community development intend and are capable of commencing development of the first sectional unit within one year of the establishment of the planned community district;
2.
The proposed development will constitute an environment of sustained desirability and stability, and that it will be in conformity with the town general plan and in harmony with the character of the surrounding area;
3.
The sites proposed for public facilities, such as schools, playgrounds, and parks are adequate to serve the anticipated population and are acceptable to the public authorities having jurisdiction thereof;
4.
Local roads, thoroughfares, trails, and paths proposed are suitably located and adequate to carry the traffic anticipated thereon.
B.
The commission may recommend approval of the plan and schedule as submitted, or may recommend approval of the plan and schedule subject to specified modifications.
C.
If, from the facts presented, the planning commission is unable to make the findings set forth in subsection A of this section, it shall disapprove the application.
(Ord. 1967-80 § 1 (6402.9), 1967)
Action by the council on the application for P-C district shall be in accordance with Chapter 18.74. Action to approve the establishment of a P-C district shall include approval of the planned community development plan and general development schedule or such modifications thereof as are recommended by the planning commission. All development within the district shall thereafter be in conformity with the approved plan and schedule or such amendments thereof as may be approved.
(Ord. 1967-80 § 1 (6402.10), 1967)
An application for a conditional use permit for planned unit development or other permitted use for a section or sections of the area proposed to be encompassed by a planned community district may be submitted at the same time as an application for rezoning to establish a planned community district. Action on the conditional use permit may be taken concurrently with action on the planned community district but shall be conditioned to become effective only upon establishment of the P-C district by the council.
(Ord. 1967-80 § 1 (6402.11), 1967)
The general development plan and general development schedule for a P-C district may be amended in the manner provided for other amendments to this title.
(Ord. 1967-80 § 1 (6402.12), 1967)