The planned development category includes one zone district: PD. The purpose of the PD district is to permit planned developments, which are intended to:

(1)

Encourage the development of planned residential development of land;

(2)

Encourage flexible and creative concepts of site planning;

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open areas;

(4)

Accomplish a more desirable environment than would be possible through strict application of the minimum requirements of these land development regulations;

(5)

Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; and

(6)

Provide a stable environmental character compatible with surrounding areas.

(Ord. No. 434, § 4.13.1, 5-7-2002)

The following shall be permitted principal uses and structures in the PD district:

(1)

Residential dwellings including conventional single-family dwellings, duplex dwellings, and multiple-family dwellings.

(2)

Public or private schools offering curricula comparable to that of public schools.

(3)

Churches and other houses of worship.

(4)

Golf courses, country clubs, and racquet and tennis clubs.

(5)

Public buildings and facilities.

(6)

Homes of six or fewer residents which otherwise meet the definition of a "community residential home" (see article II of this chapter).

(7)

Community residential homes within multiple dwelling unit areas of planned residential developments (see article II of this chapter).

(Ord. No. 434, § 4.13.2, 5-7-2002)

The following shall be permitted accessory uses and structures in the PD district:

(1)

On-site signs (see also article II of this chapter).

(2)

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures;

b.

Are located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership; and

c.

Do not involve operations or structures not in keeping with the character of the district.

(Ord. No. 434, § 4.13.3, 5-7-2002)

The following are special exceptions in the PD district:

(1)

Home occupations (see section 44-10).

(2)

Uses permitted in the C-1 district.

See also chapter 46, article V.

(Ord. No. 434, § 4.13.4, 5-7-2002)

In addition to the definitions contained in section 44-10, the following terms, phrases, words, and derivations shall have the following meaning:

Applicant means a landowner or the landowner's agent who files a petition for a zoning amendment to a planned development district.

Common open space means an area of land, or an area of water, or a combination of land and water within the area of a planned development in common. Common open space may contain such recreational structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents of the planned development.

Development plan means the proposal for development of a planned development, including a plat of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of building, density of development, common open space, and public facilities.

Gross density means the total number of dwelling units divided by the total number of acres within the perimeter boundaries of a planned development.

Net residential acreage means the total number of acres within the perimeter boundaries of a planned development excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space, recreation, and other permitted nonresidential uses.

Planned development or (PD) means (i) a concept which requires land to be under unified control, planned and developed as a whole in a single development or approved, programmed series of developments for dwelling units and related uses and facilities; (ii) a plan which, when adopted, becomes the land development regulations for the land to which it is applied; (iii) includes principal and accessory structures substantially related to the character of the development itself and the surrounding area of which it is a part; and (iv) is a concept which, when implemented, allows for development according to comprehensive and detailed plans which include not only streets, utilities, building sites, and the like, but also site plans and elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses, and improvements on the land as related to the buildings.

(Ord. No. 434, § 4.13.5, 5-7-2002)

Cross reference— Definitions generally, § 1-2.

The procedure for obtaining a change in zoning for the purpose of undertaking a planned development shall be as follows:

(1)

Planned development zoning and preliminary development plan approval. The applicant shall submit to the land development regulations administrator a request for change to a planned development zoning district containing the following exhibits:

a.

A statement of objectives describing:

1.

The general purpose of the proposed development; and

2.

The general character of the proposed development.

b.

A vicinity map showing the location of the proposed planned development in relation to:

1.

Surrounding streets and thoroughfares;

2.

Existing zoning on the site and surrounding areas; and

3.

Existing land use on the site and surrounding areas.

The vicinity map shall be drawn at a scale to show an area of no less than 1,000 feet surrounding the property. A greater area may be required if the planning and zoning commission determines information on a larger vicinity is needed.

c.

A boundary survey and legal description of the property.

d.

A topographic survey for the most recent NAVD 88 topographic survey may be used if more detailed topographic information is not available.

e.

A site analysis map at the same scale as the preliminary development plan described below shall be submitted indicating floodprone areas, areas with slopes greater than five percent, areas of soils which are marginally suited for development purposes and tree cover.

f.

A preliminary development plan drawn at a scale suitable for presentation, showing:

1.

Proposed land uses;

2.

Lot size indicated either by lot lines drawn in their proposed location or a statement on the face of the preliminary development plan concerning proposed lot sizes, including minimum lot sizes;

3.

Building setbacks defining the distance buildings will be set back from:

i.

Surrounding property lines;

ii.

Proposed and existing streets;

iii.

Other proposed buildings;

iv.

The centerline of streams and creeks;

v.

The high water line of lakes; and

vi.

Other manmade or natural features which would be affected by building encroachment;

4.

Maximum height of buildings;

5.

Common open spaces;

6.

Arterial and collector streets and thoroughfares; local access streets and interior circulation should be shown on the preliminary development plan for planned developments which have no planned arterial or collector streets within the projects;

7.

Common outside storage areas; and

8.

Screening, buffering, and landscaped buffer areas.

Special provisions:

The location of any structure (except permitted docks, walkways and piers) shall be set back a minimum of 35 feet from wetlands.

The location of any structure (except permitted docks, walkways and piers) shall be set back a minimum of 35 feet from perennial streams and creeks.

g.

A table showing acreage for each category of land use.

h.

A statement concerning gross density and net residential acreage (see section 60-495 for definition of gross density and net residential acreage).

i.

A statement concerning proposed floor area ratios (percent of lot in relation to building floor area) and the maximum building coverage expressed as a percent of the total site area.

j.

A preliminary utility service plan including sanitary sewers, storm drainage, and potable water supply, showing general locations of major water and sewer lines, plant location, lift stations, and indicating whether gravity or forced systems are planned. Size of lines, specific locations, and detailed calculations are not required at this stage.

k.

A statement indicating the type of legal instruments that will be created to provide for the management of common areas and any private roads.

(2)

Processing the planned development zoning application and preliminary development plan submittals. When the land development regulations administrator has received the application and submittals, and is satisfied that the application and submittals are complete, the application shall be processed as any other zoning application in accordance with the provisions of these land development regulations. The planning and zoning commission shall make a recommendation to the city council. The city council's actions shall be one of the following:

a.

Approval as submitted.

b.

Conditional approval.

c.

Disapproval.

(3)

Final development plan. If the preliminary development plan for the planned development is approved, the applicant shall submit a final development plan covering all or part of the approved preliminary development plan within 12 months to the land development regulations administrator. Thirty days prior to any lapse date, the land development regulations administrator shall notify the city council and the applicant of such date. Such notice to the applicant shall be mailed via certified mail, return receipt requested. If a final development plan is not submitted within this 12-month period or an additional 12-month period granted by the city council, the land development regulations administrator shall cause the planned development district to be removed from the official zoning atlas and reinstate the zoning district in effect prior to approval of the planned development. The city council may extend this lapse date for a period not to exceed an additional 12 months, provided the request for extension is made in writing to the land development regulations administrator by the applicant prior to the expiration of the initial approval period. The final development plan shall include the following exhibits:

a.

A statement of objectives:

1.

The general purpose of the proposed development.

2.

The general character of the proposed development.

b.

A topographic map drawn at a scale of 100 feet to one inch by a survey or engineer registered in the state showing:

1.

The location of existing private and public property rights-of-way, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts, and drain pipes, water mains, and any public utility easements;

2.

Wooded areas, streams, lakes, marshes, and any other physical conditions affecting the site; and

3.

Existing contours at intervals of two feet.

c.

A final development plan drawn at a scale of 100 feet to one inch and showing:

1.

The boundaries of the site, topography, and proposed grading plan;

2.

Width, location, and names of surrounding streets;

3.

Surrounding land use;

4.

Proposed streets and street names and other vehicular and pedestrian circulation systems including off-street parking;

5.

The use, size, and location of all proposed building sites; and

6.

Location and size of common open spaces and public or semipublic areas.

d.

A utility service plan showing:

1.

Existing drainage and sewer lines;

2.

The disposition of sanitary waste and stormwater;

3.

The source of potable water;

4.

Location and width of all utility easements or rights-of-way; and

5.

Plans for the special disposition of stormwater drainage when it appears that said drainage could substantially harm a body of surface water.

e.

A landscaping plan showing:

1.

Landscaped areas;

2.

Location, height, and material for walks, fences, walkways, and other manmade landscape features; and

3.

Any special landscape features such as, but not limited to, manmade lakes, land sculpture, and waterfalls.

f.

Statistical information:

1.

Total acreage of the site;

2.

Maximum building coverage expressed as a percent of the area;

3.

Area of land devoted to landscaping and/or common open space usable for recreation purposes expressed as a percent of the total site area; and

4.

Calculated gross density and net residential acreage for the proposed development (see section 44-10 for definition of gross density and net residential acreage).

g.

The substance of covenants, grants, easements, or other restrictions to be imposed on the use of the land, buildings, and structures, including proposed easements for public and private utilities. All such legal documents, including homeowners associations and deed restrictions, shall be approved by the city attorney before final approval of the plan.

(Ord. No. 434, § 4.13.6, 5-7-2002)

No building permit shall be issued for any portion of a proposed planned development until the final development plan has been approved.

(Ord. No. 434, § 4.13.7, 5-7-2002)

(a)

A proposed substantial change in the approved preliminary development plan which affects the intent and character of the development, the density or land use patterns, proposed buffers, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the planning and zoning commission and the city council in the same manner as the initial application. A request for a revision of the preliminary development plan shall be supported by a written statement and by revised plans demonstrating the reasons the revisions are necessary or desirable. All revisions to the approved preliminary development plan shall only be approved if they are consistent with the original purpose, intent, overall design, and integrity of the approved preliminary development plan.

(b)

Minor changes, and/or deviations from the preliminary development plan which do not affect the intent or character of the development shall be reviewed by the land development regulations administrator and shall be approved only if they are consistent with the original purpose, intent and overall design and integrity of the approved preliminary development plan. Upon approval of the revision, the applicant shall make revisions to the plans and submittals and file the revised plans with the land development regulations administrator within 30 days.

(c)

Examples of substantial and minor changes are:

(1)

Substantial changes:

a.

Perimeter changes.

b.

Major street relocation.

c.

Change in building height, density, land use patterns, or buffers.

(2)

Minor changes:

a.

Change in alignment, location, or length of local street.

b.

Adjustments or minor shifts in dwelling unit mixes, not resulting in increased overall density.

c.

Reorientation or slight shifts in building locations.

(Ord. No. 434, § 4.13.8, 5-7-2002)

If substantial construction, as determined by the land development regulations administrator, has not begun within two years after approval of the final development plan, the approval of the planned development will lapse. Thirty days prior to any lapse date, the land development regulations administrator shall notify the city council and the applicant of such date. Such notice to the applicant shall be mailed via certified mail, return receipt requested. The city council may extend the period for beginning construction, at the request of the applicant for a period not to exceed an additional two years, provided the request for extension is made in writing to the land development regulations administrator prior to the expiration of the initial approval period. If the planned development lapses under this provision, the land development regulations administrator shall cause the planned development district to be removed from the official zoning atlas and reinstate the zoning district which was in effect prior to the approval of the planned development.

(Ord. No. 434, § 4.13.9, 5-7-2002)

Any unapproved deviation from the accepted final development plan shall constitute a breach of agreement between the applicant and the city council. Such deviation may cause the city to immediately revoke the final development plan until such time as the deviations are corrected or become a part of the accepted final development plan.

(Ord. No. 434, § 4.13.10, 5-7-2002)

The city council may permit or require the phasing of a planned development. When provisions for phasing are included in the final development plan, each phase of development shall be so planned and so related to previous development, surrounding properties, and available public facilities and services so that a failure to proceed with subsequent phases of development will have no adverse impact on the planned development or surrounding properties.

(Ord. No. 434, § 4.13.11, 5-7-2002)

Development standards for planned developments shall be as follows:

(1)

Minimum size parcel. The minimum size parcel for planned development shall be one acre.

(2)

Reserved.

(3)

Relationship to zoning district. An approved planned development is a separate zoning district in which the final development plan, as approved, establishes the restrictions and regulations according to which the development shall occur. Upon approval, the official zoning atlas shall be changed to indicate the area as a planned development.

(4)

Residential density and housing types. Any combination of residential density and housing types is permitted for a planned development, as long as the overall gross density remains compatible with the densities of surrounding developments.

(5)

Dimensional and bulk restriction. The location of all proposed building sites shall be shown on the final development plan subject to minimum lot sizes, setback lines, lot coverage, and floor area specified by the preliminary development plan as approved by the city council.

(6)

Internal compatibility. All land uses proposed within a planned development shall be compatible with other proposed uses; that is, uses shall be able to coexist in relative proximity to other uses in a stable fashion over time such that no other uses are unduly, negatively impacted, directly or indirectly by such uses. An evaluation of the internal compatibility by a planned development shall be based on the following factors:

a.

The existence or absence of and the location of common open spaces and recreational areas;

b.

The use of existing and proposed landscaping;

c.

The treatment of pedestrian ways;

d.

The use of topography, physical environment, and other natural features;

e.

The traffic and pedestrian circulation pattern;

f.

The use and variety of building setback lines, separations and buffering;

g.

The use and variety of building groupings;

h.

The use and variety of building sizes;

i.

The separation and buffering of parking areas and sections of parking area;

j.

The variety and design of dwelling types;

k.

The proposed land uses and the conditions and limitations thereon;

l.

The form of ownership proposed for various uses; and

m.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of any proposed use within the planned development.

(7)

External compatibility. All land uses proposed within a planned development shall be compatible with existing and planned uses of properties surrounding the planned development; that is, internal uses shall be able to coexist in relative proximity to existing or planned surrounding uses in a stable fashion over time such that neither internal nor surrounding uses are unduly, negatively impacted, directly or indirectly by such uses. An evaluation of the external compatibility of a planned development should be based on the following factors:

a.

All of these factors listed in this section, with particular attention to those areas of the planned development located on or near its perimeter;

b.

The uses proposed near the planned development perimeter and the conditions and limitations thereon;

c.

The type, number, and location of surrounding external uses;

d.

The comprehensive plan designation and zoning on surrounding lands; and

e.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of lands surrounding the planned development and any existing or planned use of such lands.

(8)

Intensity of development. The residential density and intensity of use of a planned development shall be compatible with the physical and environmental characteristics of the site; shall be able to coexist in relative proximity to existing or planned surrounding uses in a stable fashion over time such that neither internal nor surrounding uses are unduly, negatively impacted, directly or indirectly by such densities and intensities of use. Specific densities and intensity of uses within a planned development shall be determined based on the following factors:

a.

The locations of various proposed uses within the planned development and the degree of compatibility of such uses with each other and with surrounding uses;

b.

The amount and type of protection provided for the safety, habitability, and privacy of land uses both internal and external to the planned development;

c.

The existing residential density and intensity of use of surrounding lands;

d.

The availability and location of utility services and public facilities and services;

e.

The amount and size of common open spaces and recreation areas;

f.

The existence and treatment of any environmentally sensitive areas on the planned development property or surrounding lands;

g.

The access to and suitability of transportation arteries proposed within the planned development and existing external transportation systems and arteries; and

h.

Any other factor deemed relevant to the limitation of the intensity of development for the benefit of the public health, safety and welfare.

(9)

Common open space. At least 15 percent of the area covered by a final development plan shall be usable, common open space owned and operated by the applicant or dedicated to a homeowner association or similar group, provided that in establishing the density per gross acre, the city council may increase the percentage of common open space in order to carry out the intent and purpose set forth in this article and provided that any planned development which only consists of one-family dwellings with individually deeded lots shall only be required to have five percent usable, common open space. Not more than one-half of the total common open space area may be in a floodplain, buffer area, and/or water bodies.

Special provisions:

The location of any structure (except permitted docks, walkways and piers) shall be set back a minimum of 35 feet from wetlands.

The location of any structure (except permitted docks, walkways and piers) shall be set back a minimum of 35 feet from perennial streams and creeks.

(10)

Access and parking. All streets, thoroughfares, and access ways shall be designed to relate to the traffic circulation plans of the area. Adequate off-street parking shall meet the requirements specified for the uses found in the district regulations and article II of this chapter.

(11)

External transportation access. A planned development shall provide direct access to, a major street (arterial or collector) unless, due to the size of the planned development and the type of uses proposed, it will not adversely affect the traffic on adjoining minor (local) streets.

(12)

Internal transportation access. Every dwelling unit or other use permitted in a planned development shall have access to a public street either directly or by way of a private road. Permitted uses are not required to front on a dedicated public road. Private roads shall be constructed according to city specifications as found in chapter 56, subdivision regulations. If the planned development contains private roads, such private roads shall be owned and maintained by the applicant or dedicated to a homeowners' association or similar group.

(13)

Perimeter requirements. Structures, buildings and streets located at the perimeter of the development shall be permanently screened by a landscaped buffer area (see article II of this chapter).

(14)

Control of area following completion. After completion of a planned development, the use of the land and/or modification or alteration of any buildings or structures within the area covered by the final development plan shall continue to be regulated in accordance with the approved final development plan except as otherwise provided for herein.

a.

Minor extensions, alterations or modifications of existing buildings or structures may be permitted after review and approval by the land development regulations administrator provided they are substantially consistent with the original purpose, intent, overall design, and integrity of the final development plan.

b.

Substantial change in permitted uses, location of buildings, or other specifications of the final development plan may be permitted following public hearing and approval by the city council upon receipt of the recommendation of the planning and zoning commission, as long as such changes are consistent with the original purpose, intent, overall design, and integrity of the final development plan.

(Ord. No. 434, § 4.13.12, 5-7-2002; Ord. No. 547, § 1(Att. A) 12-5-2006)