Willow Park City Zoning Code

The "PD" (Planned Development) District is intended to be used for the development of large or mixed use parcels of land and for smaller parcels where dissimilar uses may require special controls to avoid interference with existing or planned uses. Commercial development may be allowed under temporary zoning controls (see article 14.13 of this chapter) with the approval of the city council; however, the approval of a specific use permit must be based on and accompanied by approval of a preliminary site plan as described in this article.

The "PD" district, through the site planning process, gives the city council control over densities, placement and other attributes of the proposed development and permits modification of certain standard district controls, such as yards or unique commercial uses, in order to produce large area development arranged to better serve community needs, reduce demands on community facilities, and create larger areas of open space than that generated under standard district controls and ensure compatibility with surrounding uses. Property may be classified under the "PD" Planned Development District only in combination with another district or districts (which shall be known as the base district) and shall be so designated by the letter "PD" affixed to the code letters of the base district or districts (e.g. "R-3 PD"). Such "PD" designation does not permit development until a site plan has been approved for the area proposed to be developed. Property may be planned for any use permitted for the base district or for uses permitted only with the "PD" designation.

The "PD" district may also be applied to Commercial, Local Retail, Office, or Agricultural districts which have been permitted and established under the temporary controls of a specific use permit (see article 14.13 of this code). The purpose of this application is to replace the temporary or interim use allowance with permanent zoning.

Persons desiring, or required, to obtain the "PD" designation should always consult the city manager prior to application. Developers of large parcels (over fifty (50) acres) are encouraged but not required to request a preliminary joint or separate meetings with the city council and planning and zoning commission prior to submission of the initial rezoning request.

The applicant for "PD" zoning must submit either a conceptual "PD" site plan or a preliminary "PD" site plan with the initial application. In each case, 15 copies of the concept and/or site plan must be submitted to city staff. Note that the "PD" site plan includes drawings and other supporting documentation necessary to provide basis for approval. Large, complex, or unique projects may require iterative development and submittal of supporting information prior to approval.

If a conceptual "PD" site plan is submitted and the zoning approved, no construction may occur until a preliminary "PD" site plan is submitted and approved by the city council. All "PD" site plan approvals require prior standard rezoning notices and hearings and must be accomplished by ordinance which adopts the plan by reference.

A scaled drawing in which not less than one (1) inch equals one hundred (100) feet, showing area and dimensioned boundaries of the property and the metes and bounds location of the property within the overall plan carrying the differing base district designations, and the location and width of streets and highways adjacent to and on the property. All proposed uses and their location on the drawing, shall be shown either in detail or by reference to the base district combined with the "PD" designation.

Elevation contours at intervals not exceeding ten (10) feet.

Existing improvements proposed to be retained when the property is developed.

Density of dwelling units if intended for residential uses.

Drawings showing proposed road access points. Dimensions are not required on these drawings.

Identifiable watercourses and defined floodplain boundaries.

Proposed maximum height of buildings.

All area or other requirements differing from that of the base district.

Location and dimensions of major thoroughfares and secondary collectors.

The "PD" application package shall include drawings, supporting documents, and proposed plans as may be necessary to provide basis for approval. A request for a "PD" site plan approval shall be processed in accordance with the same review and hearing procedure as a proposal for a zoning district change. The P&Z commission may recommend and the council may require such modification of a conceptual "PD" site plan or a "PD" site plan as will permit the project to exist harmoniously with existing and anticipated development of surrounding areas. Proposed plans, as required by section 14.10.007 herein, shall be used to establish zoning controls and use restrictions. The city council may determine that preliminary site plan approval is provided by temporary zoning controls documented through a specific use permit (see article 14.13 of this chapter). In this event, a schedule and plan for transition to permanent zoning shall be agreed to between the PD applicant and the city. Both parties shall thereby recognize that site plan revisions may be required prior to final approval. The city council may require separate approvals for:

The preliminary site plan, or final site plan shall comply with all provisions of the Uniform Building Code (UBC). Issuance of a certificate of occupancy, or a temporary certificate of occupancy, shall not be construed as an approval of a violation of any provision of the UBC or any ordinances. Certificates presuming to give authority to violate or cancel any provision of the UBC or other ordinances shall not be valid. Refer also to article 14.18 of this chapter.

All information for a conceptual "PD" site plan detailed in section 14.10.004(1) and (3) through (9) including all proposed uses.

A scaled drawing in which not less than one (1) inch equals one hundred (100) feet, showing the land area included within the site, all public and private rights-of-way and easements bounding and intersecting the site and the abutting sites which are proposed to be continued, created, relocated and/or abandoned.

The proposed finished grade of the site, shown to the contour intervals not to exceed two (2) feet.

Erosion control and abatement plans and information showing that the development as proposed will not be adversely affected by erosion and will not cause enhanced erosion to surrounding properties.

The location of each existing and each proposed structure on the site, the general category of uses to be contained therein, the number of stories and overall height, gross floor area, and the location of entrances and exits to buildings.

The location of all on-site facilities for liquid and solid waste storage or sanitary sewer improvements, as needed, or provision for collection/disposal of wastes off-site.

The location and width of all curb cuts and driving lanes.

The dimensions and capacities of parking areas and loading areas, and the character and location of illumination facilities for same.

Illumination plans and information to show that the proposed illumination will not adversely affect adjacent uses by minimizing spill-over of light or extension of glare in surrounding neighborhoods or areas of the community and information showing that all reasonable modern engineering methods have been used to ensure same.

A dust abatement and control plan and such information as may be needed to show what type(s) of surface for parking areas and other open areas is necessary to achieve a control of problems from dust or particulate matter. Unless otherwise specifically agreed in the site plan, all parking areas are to be covered with an all-weather surface which will eliminate, so far as is practicable, dust and particulate matter.

All pedestrian walks, malls and open areas for use by residents, tenants or the public.

The location, type and height of all walls, fences and screen planting, and landscaping.

A fencing and screening plan and information to show that the use will be adequately fenced and screened from surrounding areas and further information to show that such screening barriers will be useful to achieve their desired purpose. Applicants may also present evidence of waivers from adjacent land uses if such may be obtained. Generally, a visual barrier, with a minimum height of six (6) feet, will be necessary to screen surrounding uses from which no waiver has been obtained.

The location, size, height and orientation of all freestanding signs.

The types of surfacing, such as paving, turfing or gravel, to be used at the various locations.

A drainage plan and information to show that the development will not be adversely affected by the flooding action, including required off-site drainage easements.

A health and sanitation plan and information to show that the proposed development will not adversely affect public health or to create a nuisance condition, generate pollution or otherwise endanger public health and welfare. As a minimum, this plan shall provide for control of rodents, insects, and other pests.

A traffic plan and information to show that the proposed use will harmoniously integrate with and not adversely affect pre-development or planned traffic flows or patterns.

Information showing that hours of operation will not adversely affect the overall development scheme of the city or existing land uses adjacent to the site.

Size and locations of water and sewer mains and fire hydrants.

Location of all easements for drainage, utilities, fire lanes and street rights-of-way. All utilities shall be clearly identified as to intended or actual placement underground or above ground.

Location of streetlights, sidewalks, storm sewer inlets, and manholes.

Such other information as the commission or council may require, including, but not limited to, front building elevation sketches, building exterior surface materials, etc.

A noise abatement plan to reasonably ensure that the permitted use will not disturb adjacent uses.

If, during the review process it is necessary, in the reasonable judgment of the city manager to have the city engineer or other professional consultant review these plans and, upon notice to the applicant, any additional charges or expenses, incurred by the city for such review by the city engineer or other professionals will be a pass-through charge to be reimbursed by the applicant to the city under Ordinance 330-92 [section 1.09.005] concerning pass-through charges.

On approval of the preliminary "PD" site plan, all necessary permits or certificates authorized thereby may be issued. At the discretion of the city council, whenever certain items specified by the preliminary site plan are to be prepared or finished and these items are not completed at the time of the approval of the final site plan, a temporary certificate of occupancy may be granted. This temporary certificate of occupancy is to be expressly conditional upon successful completion of the preliminary site plan improvements within the time specified. If, at the time such improvements are to be finished, such improvements are not completed the temporary certificate of occupancy will be terminated. The council can extend the temporary certificate of occupancy when it finds that conditions preventing completion were not foreseeable nor self-imposed by the developer.

After the project has been finished, violations of the approved (final) site plan can place the certificate of occupancy in jeopardy. The building official shall notify the user of any violations of the site plan. Failure to correct these violations within thirty (30) days of formal notification will result in the certificate of occupancy being revoked.

Subsequent to the final approval of the site plan, minor changes may be authorized by the city manager after notice to the city council when such minor changes shall not cause any of the following circumstances to occur:

Any violation of the provisions of the approved temporary or final site plan shall constitute a violation of this code. Violations of this code shall be subject to penalties and corrective measures to the full extent permitted by state law.

The city manager shall maintain, or cause to be maintained, the "PD" site plan and associated documents. Use plans and zoning controls which are unique to a specific "PD" district shall constitute an amendment to this chapter and are applicable to the uses in the "PD" district. Violations are subject to the penalties established in article 14.22 of this chapter.