For the purposes of this Ordinance, the term "Planned Area Development" (PAD) shall mean a development project comprehensively planned as a separate entity in accordance with a unitary site plan which permits flexibility in building siting, mixtures of land uses, usable open spaces, and the preservation of significant natural features.

.01

Establishment/Geographic Eligibility. Planned Area Development Districts are hereby established to be and include those areas of the City of Spring Valley respectively described in Section Four of this Chapter 12, it being the intent hereof that each tract or parcel of land within a Planned Area Development District ('PADD') be developed as a Planned Area Development ('PAD') in accordance with the rules and regulations contained herein applicable to the PADD in which the parcel is located.

.02

Size Requirement. The development of larger tracts, or the aggregation of tracts for purposes of integral land use and unified, as opposed to piecemeal, development is encouraged for a PAD. The City Council may allow the establishment of a PAD on less area than the entire tract or parcel acreage when (1) unique characteristics of the tract or parcel are present and (2) the PAD would be consistent with this Chapter 12.

.03

Reserved.

(Ordinance 2008-1 adopted 1-15-08)

The OPADD is hereby established. The territory comprising such OPADD is as set forth in Section 04:03.01 of this Chapter 12. The terms, conditions, rules, regulations, and procedures for development of a PAD within the OPADD shall be as set forth in this Section 06P:02, and Sections 06P:03 and 06P:04 below. Any reference in this Section, or in Sections 06P:03 or 06P:04 below, to the 'PAD District shall mean and refer to the OPADD unless the context clearly indicates otherwise.

Editor's note— Ord. No. 2005-18, adopted August 4, 2005, changed the title of § 06P:02 from "Purposes and Procedures - Planned Area Development (PAD) District" to "Original Planned Area Development District ('OPADD')."

The intent and purpose of the PAD District regulations is to provide a flexible zoning procedure to encourage imaginative and innovative design for the unified development of land.

The PAD District is designed to allow the planned association of uses developed as integral land use units, including retail or commercial services and sales, shopping centers, office buildings for business and professional use, one family dwellings, or any appropriate combination of these uses which may be planned, developed, or operated as a unified development.

Heavy industrial and heavy manufacturing uses or operations are not permitted. Warehouses are not permitted; provided, however a manufacturer may store or warehouse goods or products manufactured at the location where such goods or products are warehoused.

Except as provided in this subsection 2.01, a Planned Area Development shall, to the extent feasible, encompass only the uses and shall be governed by the regulations set out in the Comprehensive Zoning Ordinance. A Planned Area Development shall also be subject to the PAD zoning regulations provided in this Section Six-PAD.

It is the general purpose of the PAD District classification to:

.01

Provide for more efficient use of land, resulting in smaller networks of utilities, safer networks of streets, and promoting greater opportunities for public and private open space;

.02

Encourage compatible and coordinated development of the site, considering the natural features, community facilities, pedestrian and vehicular circulation, and land use relationship with surrounding properties and the general neighborhood;

.03

Require the application of professional planning and design techniques to achieve overall coordinated development, minimizing the potential for unplanned and piecemeal development.

The foregoing general purposes and the comprehensive plan elements, along with the standards and performance criteria provided herein, shall guide in the determination of eligibility for a PAD application.

.01

Ownership. All land included for purposes of development within a PAD shall be owned by or be under the control of the applicant for such zoning designation, whether the applicant be a corporation, or group of individuals, partnerships, or corporations. The applicant shall present proof of binding, unified control of the entire area within the proposed PAD District.

.02

Legal Description of Site. This description shall be prepared by a Texas licensed land surveyor. The legal description shall be accompanied by a map at a scale suitable for reproduction for advertising notice for public hearing.

.03

Site Condition Map. This map or series of maps shall be drawn to an acceptable scale and shall indicate:

.03.01

Title of the PAD and name of the developer.

.03.02

Scale, date, north arrow, and general location map showing relationship of the site to such external facilities as highways, roads, residential areas, and commercial areas.

.03.03

Boundaries of the subject property, all existing streets, buildings, water curses, easements, section lines, and other important physical features within the proposed project. Other information on physical features affecting the proposed project may be required.

.03.04

Existing topographic map with a contour interval of not less than one-half (½) foot, or spot grades where the relief is limited, and indicating the elevation of each property corner.

.03.05

The location and size (as appropriate) of all existing drainage, water, sewer, and other utility provisions serving or affecting the property.

.03.06

Information about existing vegetative cover and general soil types.

This plan shall be made a part of the development site plan, and shall be prepared at the same scale as the site conditions map to indicate:

.01

Sketch plan for pedestrian and vehicular circulation showing the general locations and right-of-way widths and the general design capacity of the system as well as access points. A diagrammatic flow chart demonstrating the pattern of vehicular traffic movement to, within, and through the planned development shall be included as a supplement to this plan.

.02

A general plan for the use of all land within the proposed PAD. Such plan shall indicate the location, function, and extent of all components or units of the plan; open space provisions such as buffer zones, parks, passive or scenic areas; community serving recreation or leisure time facilities.

.03

A statement indicating what proposed arrangements are made with the appropriate agencies for the provision of needed utilities to and within the Planned Area Development, including water supply, treatment, and distribution; storm drainage collection and disposal.

.04

A supportive report shall be prepared in conjunction with the above material and shall include:

.04.01

A general description of the proposed development including:

.04.02

The total acreage involved in the project.

.04.03

The number of acres devoted to the various categories of land use shown on the site development plan, along with the percentage of total acreage represented to each category of use and component of development plus an itemized list of use proposed for each of the components which shall be the range of uses permitted for that section of the PAD.

.04.04

Where appropriate, the number and type of dwelling unit lots.

.04.05

A description of the projected service areas for nonresidential uses and data to support the adequacy of these areas.

.04.06

The establishment of minimum design standards which shall govern the site development such as lot shape and size, internal streets and pedestrian ways, open space provisions, off-street parking demands, visual screens, buffer zones, and landscaped areas.

.05

A statement and/or map indicating streets or roads (and pedestrian ways as appropriate) proposed for public ownership.

.06

A statement and/or map on drainage which generally shows existing drainage conditions, wet weather areas, areas subject to flooding, points of discharge from the project and anticipated quantities of water generated from the development. Where conditions dictate, a statement on the proposed method of discharge of run-off within and from the site shall be furnished.

.07

A statement which shall indicate the proposed method of governing the use, maintenance, and continued protection of the open space and community serving facilities.

The development site plan shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. A development schedule, if adopted and approved by the City Council, shall become part of the development site plan and shall be adhered to by the owner, developer, and their successors in interest. Upon the recommendation of the Planning and Zoning Commission and for good cause shown by the owner and developer, the City Council may extend the development schedule or adopt such new development schedule as may be supported by facts and circumstances of the case.

All applications for PAD development shall be processed in the following manner:

.01

Preapplication Conference. Prior to submitting an application for approval of a Planned Area Development, the applicant or his representative shall confer with the City Planning and Zoning Commission. The applicant is encouraged to submit a proposed land use plan for review and to obtain information on any projected plans, programs, or other matters that may affect the proposed development. This information should include:

.01.01

The proper relationship between the proposed development and surrounding uses and PADs and the effect of the plan upon the comprehensive plan of the City.

.01.02

The adequacy of the existing and proposed streets, utilities, and other public facilities end services within the proposed PAD.

.01.03

The character, design, and appropriateness of the proposed land uses and their adequacy to encourage desirable living and working conditions, to provide separations and screening between uses, and to preserve the natural amenities of streams, wooded areas, and similar natural features.

.01.04

The adequacy of the land area and of the surrounding areas to accommodate future expansion, if needed.

.02

Application and Zoning Amendment Procedures. After the preapplication conference, a formal application for a Planned Area Development may be made to the Planning and Zoning Commission in the same manner as an application for zoning amendment is made. Applications for approval of a PAD shall be processed according to the amendment procedures specified in the Comprehensive Zoning Ordinance.

.03

Approval/Rejection Timetable. The following timetable will govern in the PAD development application, review, and approval process. In recognition that the needs of the applicant and/or the City may make it appropriate to vary this timetable in some circumstances, the timetable, all or part, may be varied by written agreement between the applicant and the City.

.03.01

After an applicant's written request to confer with the planning and Zoning Commission in a preapplication conference is filed with the City Secretary, the conference will be scheduled to occur within fifteen (15) business days after the filing date.

.03.02

Within a reasonable time after the preapplication conference, the applicant may file its complete, formal PAD application with the City Secretary for presentation to the Planning and Zoning Commission. The Planning and Zoning Commission shall make its report to the City Council on the complete, formal PAD application within thirty (30) days after the complete, formal application is filed. Provided, further, notice of any public hearing on the application which is required or may be held by the Planning and Zoning Commission may be authorized during such thirty (30) day period, with the public hearing to occur beyond such thirty (30) day period, but not later than sixty (60) days thereafter, and, accordingly, the making of the Planning and Zoning Commission report to City Council shall be extended to a date not later than seven (7) business days after such public hearing is held.

.03.03

The City Council shall act on the planning and Zoning Commission report within a period of time which is the later of either thirty (30) days or the next regularly scheduled Council Meeting after the report is made, in accordance with the preceding subsection; provided, however that notice of any public hearing, which is required or which may be held before approving a PAD application, may be authorized during the period of time referenced above, with the public hearing to occur beyond such period, but not later than sixty (60) days after the report is made, and, accordingly, the City Council deadline for action shall be extended to a date not later than seven (7) business days after such public hearing is held.

.03.04

The City Secretary shall maintain a record of each PAD application made to the Planning and Zoning Commission and the City Council and the action taken by each. On written request of the applicant, the Planning and Zoning Commission and/or City Council shall state in writing reasons for the action taken on a PAD application.

Deviation from the regulations established in the Comprehensive Zoning Ordinance applicable to Particular uses may be Permitted when the developer demonstrates that adequate provisions have been made in the PAD for sufficient space, light, and air, that the density of the development is compatible with surrounding land uses, that pedestrian and vehicular traffic circulation systems are safe and efficient, that the development will progress in orderly phases, and that the public health, safety, and general welfare will be protected. However, higher and more restrictive specific standards for (without limitation) use, density, height, lot area, setbacks, buffer zones, landscaping, parking, sign control, and open space may be adopted as a part of the development site plan and the PAD ordinance amendment. For the PAD District, regulations applicable to a particular use shall be the same as if such use were situated in the district in which such uses are otherwise permitted in the Comprehensive Zoning Ordinance, unless other restrictions and regulations are approved as a part of the development site plan and the PAD ordinance amendment.

The following minimum standards for PAD development shall be required as a part of any PAD application and shall become part of development site plan approved by the City Council, to be adhered to by the owner, developer, or their successors in interest.

Except as may be otherwise provided by the City Council, a proposed PAD shall provide for public street access to the site. PAD accesses shall not be permitted through any area zoned for use for one family dwellings, Dwelling District A, or through any City park. Except as may be otherwise provided by the City Council, east-west connector streets within the PAD District will be required. These east-west connector streets shall be continuous between PADs and shall be designed and laid out in a manner consistent with sound traffic flow and traffic engineering principles.

All permitted uses in the PAD District set out above in § 06P:02.01, entitled "Intent, Purpose, and Uses," of this Section Six-PAD, shall be permitted to a maximum 900 foot depth in the PAD District, measured from the northernmost line of the former railroad right-of-way running parallel to the southern boundary of the Planned Area Development District; provided, that use for one-family dwellings may extend further than the maximum 900 foot depth. This maximum depth shall include all buffer zones required between one family dwelling uses and other PAD uses. (Ordinance 2003-01 adopted 1-20-03)

Dwelling District "A" permitted use or uses permitted in the Office Building "B" regulations (either/or and not both) shall be required as a part of a PAD within a distance of 300 feet, plus or minus a five percent tolerance, measured south from the dividing line between Dwelling District "A" and the Planned Area Development District. If uses permitted in the Office Building "B" regulations, other than Dwelling District "A" permitted uses, are planned for this 300 foot +/development area, then the Office Building "B" regulations of the Comprehensive Zoning Ordinance shall be enforced therein, as provided in Section Six of the Comprehensive Zoning Ordinance.

In considering approval of any proposed PAD which borders or adjoins this 300 foot +/development area, the Planning and Zoning Commission and the City Council will give special consideration to maintaining the continuity of this development area along the north and east boundaries of the PAD District, and the extension of this development area in an east/west direction and into the proposed PAD. If sufficient land for the necessary improvements is available to provide for such extension into the proposed PAD, this 300 foot +/-development area shall be extended in the proposed PAD.

A buffer zone is required between any Dwelling District "A" use within a PAD and the remainder of the PAD which is developed for other uses; provided, however, no buffer zone is required between the area Zoned Dwelling District "A" uses within a PAD.

A buffer zone shall be laid out in one of the following configurations:

.01

A required 10 foot high wall, together with 50 feet of natural, vegetative buffer with no required landscaping; or

.02

A required 10 foot high wall, together with a 25 foot buffer with landscaping (on the PAD-other uses-side) which provides a vegetative screen, including shrubs, bushes, and trees, anticipated to screen approximately one-fifth of the required 10 foot high wall; or

.03

If a street is planned to abut the buffer zone, a required 10 foot high wall, together with a 15 foot buffer with landscaping (on the PAD-other uses-side) which provides vegetative screen, including shrubs, bushes, and trees, anticipated to screen approximately one-fifth of the required 10 foot high wall.

The required 10 foot wall shall be of solid construction and the City Council shall approve the type of wall and the specific landscape plans as part of the PAD approval process.

The FPADD is hereby established. The territory comprising such FPADD is as set forth in Section 04:03.02 of this Chapter 12. The terms, conditions, rules, regulations, and procedures for development of a PAD within the FPADD shall be as set forth in this Section.

The purpose and intent of the FPADD is to provide for a unified development scheme that creates a unique streetscape pedestrian shopping and living environment, featuring boutique window front retail uses located at ground level, with a mixture of office, residential, and professional/personal services on upper levels. The concept of the streetscape environment is enhanced with pedestrian access ways that feature art, fountains, plazas, and landscaping. The concept also encourages the use of joint parking facilities to reduce vehicular traffic along store fronts, the consolidation of tracts for unity of development, architectural consistency, and site use efficiency. Of utmost importance is the creation of an environment that facilitates a cohesive mix of retail, office, residential and professional/personal service uses that is compatible with adjacent single family residential neighborhoods.

Compliance with the purpose and intent of the FPADD set forth above, the comprehensive plan for the I-10 corridor, and the standards and performance criteria provided herein shall guide in determination of eligibility and approval of a PAD within the FPADD.

A Development Site Plan shall be required, which shall comply with the development site plan requirements set forth in Subsection 06P:02.03 above, except where clearly inapplicable due to conflicts with standards applicable to the FPADD. In addition, the Development Site Plan shall include the following:

.01

Location, height, and number of stories all proposed buildings and structures; and

.02

Location and layout of proposed parking facilities.

The Concept Plan shall comply with the concept plan requirements set forth in Subsection 06P:02.04 above except where clearly inapplicable due to conflicts with standards applicable to the FPADD. In addition, the Concept Plan shall include the following:

.01

Architectural elevations for all buildings and structures.

The Development Schedule requirements contained in Subsection 06P:02.05 above shall be applicable to proposed PADs in the FPADD.

Procedures for the approval of a Development Site Plan for a PAD within the FPADD shall be as set forth in Subsection 06P:02.06 above.

.01

Buildings: Regulations contained in this Chapter 12 applicable to the location and height of buildings and structures located in Commercial District "C" shall be applicable to buildings and structures within the FPADD except where in conflict with a regulatory standard contained in this Section 06P:05.

.02

Access: Access to a PAD shall be from a public street, and streets within a PAD may be either public or private. The width and block lengths of streets shall be as determined by the City Council based on the degree of conformance of the PAD with the comprehensive plan. Pedestrian access and safety within the FPADD is to be encouraged through limited vehicular access to store fronts and placement of strategically located project parking on an aggregate basis.

.03

Occupancies/Uses: Occupancy on the ground floor level of any building within the FPADD shall be limited to retail uses only. Permitted retail uses shall be limited to those identified as such in the Permitted Use Table contained in Section 06P:08 below. Occupancy on levels other than the ground floor level shall be for office, retail, residential, and professional/personal services only. Permitted office, retail, residential, and professional/personal service uses shall be limited to those identified as such in the Permitted Use Table contained in Section 06P:08 below.

.04

Deviation from Standards: Notwithstanding any other provision contained herein to the contrary, in any ordinance granting approval of a PAD, the City Council may impose more stringent standards or conditions than required in this Chapter 12 when necessary for the protection of adjacent properties and public interest. In addition, the City Council may waive certain of such requirements and conditions when it is demonstrated that adequate provisions have been made for space, light and air, that the density of development is compatible with surrounding land uses, that pedestrian and vehicular traffic circulation systems are safe and efficient, that the developer will progress in orderly phases, and that public health, safety, and welfare will be protected.

.05

Large Tract PADs: In order to achieve the goals and purposes of the comprehensive development plan for the FPADD, to implement the development scheme set forth therein, and to further the efficient use of a development site, creation of larger tract PADs shall be encouraged. Special consideration shall be given with regard to density, setbacks, and building height to proposed PADs that are two (2) or more acres in size, subject to and commensurate with the proposed PAD's compliance with the comprehensive development plan.

(Ordinance 2005-18 adopted 8-4-05)

Within the FPADD Overlay District, as designated on the official zoning map, the following additional or supplemental regulations shall apply. The overlay district is intended to provide appropriate design standards for the future development of property within the overlay district; provide for unified and orderly development; and promote and aid economic growth. Except as specifically provided in this section, the inclusion of an area within the overlay district governed by the provisions of this section shall not affect the underlying zoning of such areas or any provision of a planned development or other ordinance pertaining to any property within the City.

.01

Height Regulations: No building, including anything attached thereto, or anything constructed for use in conjunction therewith, and no other structure or device of any sort shall exceed eighty-five (85) feet in height.

.02

Appurtenances such as antennae, water cooling towers and mechanical equipment enclosures shall not exceed six (6) feet in height above the roof. Such six (6) feet may be in addition to the eighty-five (85) feet building height, and no closer than ten (10) feet to the building's external wall, provided, however, additional height may be used for elevator equipment. Mechanical equipment shall not cover more than twenty (20) percent of the roof area and architectural screens shall be provided for such equipment in a height equal to the top height of such equipment.

.03

Architectural features and screening elements shall not exceed the highest point of any structure by more than five (5) feet.

.04

No parking or other accessory structure shall exceed sixty (60) feet in height. No parking shall be permitted on the roof of the parking structure unless screened from view at ground level.

.05

Setbacks: All structures shall be set back at least fifty (50) feet from Interstate Highway 10, forty (40) feet from Campbell Road and (15) feet from Anne Street and West Tex Drive. No structure may be located within fifteen (15) feet of any property line.

.06

Landscaping and Screening Requirements: All structures that are not otherwise screened or concealed at street frontages on the first and second levels, must provide a densely planted landscaped yard that is a minimum of ten (10) feet in depth. Structures exceeding fifty-four (54) feet in height shall incorporate the planting of mature, field dug trees facilitate sight line screening. Landscaping shall be required for all parking garages (except fully enclosed garages).

(Ordinance 2013-14 adopted 7-23-13)

The BPADD is hereby established. The territory comprising such BPADD is as set forth in Section 04:03.03 of this Chapter 12. The terms, conditions, rules, regulations, and procedures for development of a PAD within the BPADD shall be as set forth in this Section.

The purpose and intent of the BPADD is to provide for a unified development scheme that creates a unique streetscape pedestrian shopping and living environment, featuring boutique window front retail uses located at ground level, with a mixture of office, residential, and professional/personal services on upper levels. The concept of the streetscape environment is enhanced with pedestrian access ways that feature art, fountains, plazas, and landscaping. The concept also encourages the use of joint parking facilities to reduce vehicular traffic along store fronts, the consolidation of tracts for unity of development, architectural consistency, and site use efficiency. Of utmost importance is the creation of an environment that facilities a cohesive mix of retail, office, residential and professional/personal service uses that is compatible with adjacent single family residential neighborhoods.

Compliance with the purpose and intent of the BPADD set forth above, the comprehensive plan for the I-10 corridor, and the standards and performance criteria provided herein shall guide in determination of eligibility and approval of a PAD within the BPADD.

A Development Site Plan shall be required, which shall comply with the development site plan requirements set forth in Subsection 06P:02.03 above, except where clearly inapplicable due to conflicts with standards applicable to the BPADD. In addition, the Development Site Plan shall include the following:

.01

Location, height, and number of stories all proposed buildings and structures; and

.02

Location and layout of proposed parking facilities.

The Concept Plan shall comply with the concept plan requirements set forth in Subsection 06P:02.04 above except where clearly inapplicable due to conflicts with standards applicable to the BPADD. In addition, the Concept Plan shall include the following:

.01

Architectural elevations for all buildings and structures.

The Development Schedule requirements contained in Subsection 06P:02.05 above shall be applicable to proposed PADs in the BPADD.

Procedures for the approval of a Development Site Plan for a PAD within the BPADD shall be as set forth in Subsection 06P:02.06 above.

.01

Buildings: Regulations contained in this Chapter 12 applicable to the location and height of buildings and structures located in Commercial District "C" shall be applicable to buildings and structures within the BPADD except where in conflict with a regulatory standard contained in this Section 06P:06.

.02

Access: Access to a PAD shall be from a public street, and streets within a PAD may be either public or private. The width and block lengths of streets shall be as determined by the City Council based on the degree of conformance of the PAD with the comprehensive plan. Pedestrian access and safety within the BPADD is to be encouraged through limited vehicular access to store fronts and placement of strategically located project parking on an aggregate basis.

.03

Occupancies/Uses: Occupancy on the ground floor level of any building within the BPADD shall be limited to retail uses only. Permitted retail uses shall be limited to those identified as such in the Permitted Use Table contained in Section 06P:08 below. Occupancy on levels other than the ground floor level shall be for office, retail, residential, and professional/personal services only. Permitted office, retail, residential, and professional/personal service uses shall be limited to those identified as such in the Permitted Use Table contained in Section 06P:08 below.

.04

Deviation from Standards: Notwithstanding any other provision contained herein to the contrary, in any ordinance granting approval of a PAD, the City Council may impose more stringent standards or conditions than required in this Chapter 12 when necessary for the protection of adjacent properties and public interest. In addition, the City Council may waive certain of such requirements and conditions when it is demonstrated that adequate provisions have been made for space, light and air, that the density of development is compatible with surrounding land uses, that pedestrian and vehicular traffic circulation systems are safe and efficient, that the developer will progress in orderly phases, and that public health, safety, and welfare will be protected.

.05

Large Tract PADs: In order to achieve the goals and purposes of the comprehensive development plan for the BPADD, to implement the development scheme set forth therein, and to further the efficient use of a development site, creation of larger tract PADs shall be encouraged. Special consideration shall be given with regard to density, setbacks, and building height to proposed PADs that are seven (7) or more acres in size, subject to and commensurate with the proposed PAD's compliance with the comprehensive development plan.

(Ordinance 2005-18 adopted 8-4-05)

The BWPADD is hereby established. The territory comprising such BWPADD is as set forth in Section 04:03.05 of this Chapter 12. The terms, conditions, rules, regulations, and procedures for development of a PAD within the BWPADD shall be as set forth in this Section.

The purpose and intent of the BWPADD is to provide for a unified development scheme that creates a unique streetscape pedestrian shopping and living environment, featuring boutique window front retail uses located at ground level, with a mixture of office, residential, and professional/personal services on upper levels. The concept of the streetscape environment is enhanced with pedestrian access ways that feature art, fountains, plazas, and landscaping. The concept also encourages the use of joint parking facilities to reduce vehicular traffic along store fronts, the consolidation of tracts for unity of development, architectural consistency, and site use efficiency. Of utmost importance is the creation of an environment that facilitates a cohesive mix of retail, office, residential and professional/personal service uses that is compatible with adjacent single family residential neighborhoods and that will preserve the property's unique environment. To such end, special consideration shall be given to the development's impact on adjacent residential areas and the area's natural elements, which include an urban forest and Briar Branch Creek, and the measures necessary to protect the integrity of such adjacent residential areas and natural elements.

Compliance with the purpose and intent of the BWPADD set forth above, the comprehensive plan for the I-10 corridor, and the standards and performance criteria provided herein shall guide in determination of eligibility and approval of a PAD within the BWPADD.

A Development Site Plan shall be required, which shall comply with the development site plan requirements set forth in Subsection 06P:02.03 above, except where clearly inapplicable due to conflicts with standards applicable to the BWPADD. In addition, the Development Site Plan shall include the following:

.01

Location, height, and number of stories all proposed buildings and structures;

.02

Location and layout of proposed parking facilities; and

.03

Proposed buffering and screening areas and devices pertinent to adjacent residential areas.

The Concept Plan shall comply with the concept plan requirements set forth in Subsection 06P:02.04 above except where clearly inapplicable due to conflicts with standards applicable to the BWPADD. In addition, the Concept Plan shall include the following:

.01

Architectural elevations for all buildings and structures.

The Development Schedule requirements contained in Subsection 06P:02.05 above shall be applicable to proposed PADs in the BWPADD.

Procedures for the approval of a Development Site Plan for a PAD within the BWPADD shall be as set forth in Subsection 06P:02.06 above.

.01

Buildings: Regulations contained in this Chapter 12 applicable to the location and height of buildings and structures located in Commercial District "C" shall be applicable to buildings and structures within the BWPADD except where in conflict with a regulatory standard contained in this Section 06P:06.

.02

Access: Access to a PAD shall be from a public street, and streets within a PAD may be either public or private. No access from Voss Road to a PAD shall be authorized except for emergency vehicle purposes. The width and block lengths of streets shall be as determined by the City Council based on the degree of conformance of the PAD with the comprehensive plan. Pedestrian access and safety within the BWPADD is to be encouraged through limited vehicular access to store fronts and placement of strategically located project parking on an aggregate basis.

.03

Occupancies/Uses: Occupancy on the ground floor level of any building within the BWPADD shall be limited to retail uses only. Permitted retail uses shall be limited to those identified as such in the Permitted Use Table contained in Section 06P:07.08 below. Occupancy on levels other than the ground floor level shall be for office, retail, and professional/personal services only. Permitted office, retail, and professional/personal service uses shall be limited to those identified as such in the Permitted Use Table contained in Section 06P:07.08 below.

.04

Deviation from Standards: Notwithstanding any other provision contained herein to the contrary, in any ordinance granting approval of a PAD, the City Council may impose more stringent standards or conditions than required in this Chapter 12 when necessary for the protection of adjacent properties and public interest. In addition, the City Council may waive certain of such requirements and conditions when it is demonstrated that adequate provisions have been made for space, light and air, that the density of development is compatible with surrounding land uses, that pedestrian and vehicular traffic circulation systems are safe and efficient, that the developer will progress in orderly phases, and that public health, safety, and welfare will be protected.

.05

Large Tract PADs: In order to achieve the goals and purposes of the comprehensive development plan for the BWPADD, to implement the development scheme set forth therein, and to further the efficient use of a development site, creation of larger tract PADs shall be encouraged. Special consideration shall be given with regard to density, setbacks, and building height to proposed PADs that are five (5) or more acres in size, subject to and commensurate with the proposed PAD's compliance with the comprehensive development plan..

The provisions of this Section 06P:07:08 shall apply only to the Bingle West Planned Area Development District. No use shall be allowed within the BWPADD except as specifically provided in this Section.

.01

Use of Land and Buildings: Buildings, structures, land or premises shall be used only in accordance with the uses specifically permitted for the Bingle West Planned Area Development District, together with such accessory uses as are customarily incidental to that of the primary permitted use. All permitted uses shall be subject to compliance with applicable requirements of the City, this Chapter 12, and all terms and conditions of this ordinance.

.01

Retail Uses: Except as otherwise specifically provided herein, retail uses only shall be permitted on the ground level within the BWPADD. Retail uses may also be located on levels other than the ground level. Permitted retail uses shall include only those identified and described in the permitted use list set forth below.

.02

Office and Professional/Personal Service Uses: Office and professional/personal service uses shall be permitted on upper levels only within the BWPADD, it being specifically provided that no such use shall be permitted on the ground floor of any building. Permitted office and professional/personal service uses shall include only those identified and described in the permitted use list set forth below.

.03

Residential Uses: Notwithstanding 06P:07:08.03 below, detached single family residential dwelling uses shall be permitted within the BWPADD. Provided further, only detached single family residential dwelling uses shall be permitted within one hundred (100) feet of the northern boundary of the BWPADD.

.02

Permitted Uses: Permitted uses in the BWPADD are as shown in the permitted use list set forth in Subsection 06P:08.05 below.

.03

Prohibited Uses: The following uses are specifically prohibited.

.01

Uses Not Listed: Uses not specifically identified as permitted uses in the permitted use list below are not authorized unless a specific use permit is granted therefor by the City Council, following hearing thereon, and a determination that such proposed use is equivalent to a permitted use on the permitted use list.

.02

Categorical Prohibitions: The following uses are hereby found, determined and declared to be inconsistent and detrimental to the use and development of land within the BWPADD as set forth in the comprehensive development plan and as set forth hereinabove, to wit: industrial uses; warehousing and other commercial or private storage other than the storage of inventory or supplies that are clearly subordinate and incidental to a permitted use; distribution facilities; outdoor commercial recreational facilities; any form of drive-up or drive-thru service; theaters or other places of assembly; storage, display or parking of automobiles, trucks, trailers, boats, motorcycles, or other similar devices relating or incidental to their sales, rentals, service, repair or maintenance, or for use for deliveries of any kind; storage or display of rental equipment; the storage or display of a vehicle fleet used for any purpose; any use not specifically authorized in the permitted use list set forth in Subsection 06P:07.08.05 below unless a specific use permit has been issued by the City Council in accordance with Subsection .01 next above.

.04

North American Industry Classification System. The North American Industry Classification System, 1997 Edition, as published by the Office of Management and Budget ("NAICS"), a true and correct copy of which is on file in the office of the City Secretary, is hereby adopted and incorporated herein by reference. The group descriptions and classifications shall control in determining the uses permitted hereunder. An identified classification sector or sub-sector in the permitted use list below shall mean and include only that classified use and its subcategories, as described and defined in the NAICS.

.05

Permitted Use List. The uses listed below are permitted in the BWPADD, except as otherwise limited herein. The symbol "P" in the right column means the use is permitted, while the symbol "O" means the use is permitted only for business office purposes. For instance, a manufacturing establishment would not be authorized to use a tract for manufacturing purposes, but the corporate offices for the manufacturing business would be authorized if indicated by the symbol "O."

GROUND OR FIRST FLOOR

ABOVE GROUND/FIRST FLOOR

(Ordinance 2007-25 adopted 11-13-07)

The provisions of this Section 06P:08 shall apply only to the Freeway Planned Area Development District and the Bingle Planned Area Development District. No use shall be allowed within the FPADD or the BPADD except as specifically provided in this Section.

Buildings, structures, land or premises shall be used only in accordance with the uses specifically permitted for the Planned Area Development District in which the land or premises is located, together with such accessory uses as are customarily incidental to that of the primary permitted use. All permitted uses shall be subject to compliance with applicable requirements of the City, this Chapter 12, and all terms and conditions of the ordinance authorizing the PAD in which such use is made.

.01

Retail Uses: Retail uses only shall be permitted on the ground level within each of the PADDs subject hereto. Retail uses may also be located on levels other than the ground level. Permitted retail uses shall include only those identified and described in the permitted use list set forth below.

.02

Office and Professional/Personal Service Uses: Office and professional/personal service uses shall be permitted on upper levels only within each of the PADDs subject hereto, it being specifically provided that no such use shall be permitted on the ground floor of any building. Permitted office and professional/personal service uses shall include only those identified and described in the permitted use list set forth below.

.03

Residential Uses: Residential uses shall be permitted on upper levels only within each of the PADDs subject hereto. Residential uses may include flats, lofts, townhouses, or condominiums. Provided however, single family residential uses may be permitted in the BPADD only.

Permitted uses in the FPADD and the BPADD are as shown in the permitted use list set forth in Subsection 06P:08.05 below.

The following uses are specifically prohibited.

.01

Uses Not Listed; Uses not specifically identified as permitted uses in the permitted use list below (other than residential uses as authorized by Subsection 06P:08.01.03 above) are not authorized unless a specific use permit is granted therefor by the City Council, following hearing thereon, and a determination that such proposed use is equivalent to a permitted use on the permitted use list.

.02

Categorical Prohibitions: The following uses are hereby found, determined and declared to be inconsistent and detrimental to the use and development of land within the applicable PADDs as set forth in the comprehensive development plan and as set forth hereinabove, to wit: industrial uses; warehousing and other commercial or private storage other than the storage of inventory or supplies that are clearly subordinate and incidental to a permitted use; distribution facilities; outdoor commercial recreational facilities; any form of drive-up or drive-thru service within one thousand six hundred (1,600) feet of the intersection of two (2) major thoroughfares within the City; theaters or other places of assembly; storage, display or parking of automobiles, trucks, trailers, boats, motorcycles, or other similar devices relating or incidental to their sales, rentals, service, repair or maintenance, or for use for deliveries of any kind; storage or display of rental equipment; the storage or display of a vehicle fleet used for any purpose; any use not specifically authorized in the permitted use list set forth in Subsection 06P:08.05 below unless a specific use permit has been issued by the City Council in accordance with Subsection .01 next above. (Ordinance 2012-17 adopted 8-28-12)

The North American Industry Classification System, 2002 Edition, as published by the Office of Management and Budget ("NAICS"), a true and correct copy of which is on file in the office of the City Secretary, is hereby adopted and incorporated herein by reference. The group descriptions and classifications shall control in determining the uses permitted hereunder. An identified classification sector or sub-sector in the permitted use list below shall mean and include only that classified use and its subcategories, as described and defined in the NAICS.

The uses listed below are permitted in the FPADD and the BPADD (excluding interior Pads 1, 2, and 5), except as otherwise limited herein. Ground floor or first floor only—Up to forty (40) percent of the ground floor of any building(s) within a PAD may be used for any use otherwise permitted above the ground floor (e.g., O ₂ or P ₂ ). The symbol "P ₁ " in the right column means the use is permitted on the ground floor. The symbol "P ₂ " in the right column means the use is permitted above the ground floor. The symbol "O" means the use is permitted only for business office purposes. For instance, a manufacturing establishment would not be authorized to use a tract for manufacturing purposes, but the corporate offices for the manufacturing business would be authorized above the ground floor if indicated by the symbol "O ₂ ."

(Ordinance 2005-18 adopted 8-4-05; Ordinance 2012-26 adopted 11-14-12)

The C/WPADD is hereby established. The territory comprising such C/WPADD is as set forth in Section 04:03.04 of this Chapter 12. The terms, conditions, rules, regulations, and procedures for development of a PAD within the C/WPADD shall be as set forth in this Section.

The purpose and intent of the C/WPADD is to provide for a unified single family residential development scheme that allows a higher density of use than is allowed in Dwelling District A, which is compatible with adjacent Dwelling District A uses, and which acts as an appropriate buffering zone between uses in Dwelling District A and surrounding commercial or business uses.

Compliance with the purpose and intent of the C/WPADD set forth above, and the standards and performance criteria provided herein, shall guide in determination of eligibility and approval of a PAD within the C/WPADD.

A Development Site Plan shall be required, which shall comply with the development site plan requirements set forth in Subsection 06P:02.03 above, except where clearly inapplicable due to conflicts with standards applicable to the C/WPADD. In addition, the Development Site Plan shall include the following:

.01

Location, height, and number of stories all proposed buildings and structures;

.02

Location and layout of all proposed off-street parking; and

.03

Location and layout of all proposed sidewalks, green space, screening and buffering.

The Concept Plan shall comply with the concept plan requirements set forth in Subsection 06P:02.04 above except where clearly inapplicable due to conflicts with standards applicable to the C/WPADD. In addition, the Concept Plan shall include the following:

.01

Architectural elevations for all buildings and structures.

The Development Schedule requirements contained in Subsection 06P:02.05 above shall be applicable to a proposed PAD in the C/WPADD.

Procedures for the approval of a Development Site Plan for a PAD within the C/WPADD shall be as set forth in Subsection 06P:02.06 above.

.01

Buildings: Regulations contained in this Chapter 12 applicable to the location and height of buildings and structures located in Dwelling District A shall be applicable to buildings and structures within the C/WPADD except where in conflict with a regulatory standard contained in this Section 06P:09.

.02

Access: Streets within the C/WPADD may be either public or private. The width and block lengths of streets shall be as determined by the City Council, based on the density and other features of the PAD, with consideration being given to vehicular and pedestrian safety.

.03

Occupancies/Uses: Occupancy and use within the C/WPADD shall be limited to single family residential uses.

.04

Deviation from Standards: Notwithstanding any other provision contained herein to the contrary, in any ordinance granting approval of a PAD within the C/WPADD, the City Council may impose more stringent standards or conditions than required in this Chapter 12 when necessary for the protection of adjacent properties and public interest. In addition, the City Council may waive certain of such requirements and conditions when it is demonstrated that adequate provisions have been made for space, light and air, that the density of development is compatible with surrounding land uses, that pedestrian and vehicular traffic circulation systems are safe and efficient, that the developer will progress in orderly phases, and that public health, safety, and welfare will be protected.

The limitations and conditions applicable to lots, yards, buildings, structures, and uses within Dwelling District A, as contained in Section 05.02 of this Chapter 12, shall apply to the C/WPADD except where indicated herein below to the contrary. Subsection numbers in this Section shall incorporate by reference the corresponding Subsections in said Section 05.02. For example, Subsection .01 of this Section 06P:09.08 shall incorporate Subsection .01 of Section 05.02 (shown there as 05.02.01 in this Code), except where indicated below to the contrary.

.01

Garages. (400 Square Feet)

.01

Required. Same as Dwelling District A except Carports shall not be permitted.

.02

Detached. Same as Dwelling District A.

.03

Second Story. Same as Dwelling District A.

.04

Entrance or Exit. Same as Dwelling District A except a garage may face any adjacent street or alley, but the door to any such garage shall be set back not less than nineteen (19) feet from the nearest curb of any street.

.02

Attics.

.01

Electrical. Same Dwelling District A.

.02

Access. Same Dwelling District A.

.03

Size and Area Requirements.

.01

Minimum Lot Area. On lots backing up to Lupton Court, the property lines shall align as close as reasonably possible to the existing lots (1:1 ratio desired). In addition, a minimum of three (3) ten thousand (10,000) square foot lots shall be developed on the eastern end of the PAD. Two (2) lots shall face the existing Beutel Drive (off of Westview) and one (1) lot shall face the existing Beutel to the south. All Dwelling District A provisions shall remain in effect for the above described lots. All other lots shall be subject to the lot area requirements of the applicable PAD approval ordinances.

.02

Maximum Height. Same as Dwelling District A.

.03

Maximum Stories. 2-½ stories allowed with appropriate electrical and plumbing.

.04

Height to setback ratio for a lot property line which adjoins a rear property line of another lot. Dwelling District A provisions apply for new lots adjacent to existing residential.

.05

Height to setback ratio for a lot rear setback. Dwelling District A provisions apply for new lots adjacent to existing residential.

.06

Minimum Floor Area Per Dwelling Unit. Minimum SF First Floor. As required by applicable PAD approval ordinances.

.07

Maximum Foundation Height. Same as Dwelling District A.

.08

Maximum Lot Coverage. As required by applicable PAD approval ordinances.

.09

Building Line Setbacks:

.09.01

General. Same as Dwelling District A.

.09.02

Front building line setbacks. The front yard building setback shall be not less than fifteen (15) feet.

.09.03

Side building line setback. The side yard building setback shall be not less than four (4) feet on each side for a total of not less than eight (8) feet between houses.

.09.04

Rear building line setback. Same as Dwelling District A (not less than ten (10) feet).

.04

Windows - second story and attic restrictions.

.01

Window restrictions. Same as Dwelling District A.

.02

Attic windows. Same as Dwelling District A.

.03

Second story decks. Same as Dwelling District A.

.05

Slab Elevation Requirements. Same as Dwelling District A.

.06

Garage Apartments. Same as Dwelling District A.

.07

Pool Requirements.

.01

Location. Same as Dwelling District A.

.02

Setbacks required. Same as Dwelling District A for properties facing District A.

.03

Decking. Same as Dwelling District A.

.04

Barrier required. Same as Dwelling District A.

.05.

Access secure. Same as Dwelling District A.

.08

Keeping Animals. Same as Dwelling District A.

.09

Off street Parking. Same as Dwelling District A.

.10

Storage of Motor Vehicles, Trailers and other Contrivances. Same as required in the SSPAD, as set forth in Section _______ of this Chapter 12 (not more than seventy-two [72] hours during any seven-day period), as amended.

.11

Storage of Motors or Engines. Same as Dwelling District A.

.12

Trucks-Parking Limitations. Same as Dwelling District A.

.13

Placement of Freestanding Mechanical Equipment. Same as required in the SSPAD, as set forth in Section _______ of this Chapter 12, as amended.

.14

Other Provisions. Same as Dwelling District A.

.15

Curbed Streets. Same as Dwelling District A.

.16

Uncurbed Streets. Same as Dwelling District A.

.17

Circular, Dish, and Amateur Radio Antennas. Same as required in the SSPAD, as set forth in Section _______ of this Chapter 12, as amended.

The following special limitations and restrictions shall apply to development within the C/WPADD. In the event of inconsistency between any provision contained in this Section with any provision contained elsewhere in this Chapter, the provisions of this Section shall apply.

.01

Use. No lot, tract, or parcel of land within the C/WPADD shall be used for any purpose other than single family residential.

.02

Access. No building within the C/WPADD shall front on Campbell Road or Westview Road.

.03

Screening. A ten (10) foot high decorative stone or masonry wall shall be constructed along Westview Road and Campbell Road, and at all entries to the development. Fence requirements of Dwelling District A shall apply for the remaining side and rear yards not adjacent to the streets described above.

.04

Drainage. Storm water drainage improvements shall be designed and constructed to limit storm water runoff to the property's existing design capacity (meaning, drainage design capacity of the drainage system serving the property within the boundaries of the C/WPADD prior to its redevelopment).

.05

Traffic study. A traffic and engineering study, conducted by a registered professional engineer qualified to do so, shall be prepared and submitted with each application indicating the proposed traffic circulation plan, the points of ingress and egress, and the impact and potential hazard the proposed development would have on vehicular and pedestrian traffic and safety on adjacent streets and sidewalks.

.06

Landscaping. Each application shall include a landscaping and irrigation plan for all common areas.

.07

Right-of-Way Widths. New street rights-of-way shall have a minimum width of twenty-eight (28) feet, with an eleven (11) foot wide public utility easement running adjacent and parallel to each side of the street. Easements shall not be required to be part of the street right-of-way.

(Ordinance 2005-33 adopted 12-13-05)