Willows City Zoning Code
CHAPTER 18
105 PD PLANNED DEVELOPMENT COMBINING DISTRICT
§ 18.105.010 Purpose.
The planned development or PD combining district is intended to provide a means of guiding land development or redevelopment in areas of the city that are uniquely suited for a planned coordination of land uses and to provide for a greater flexibility in land use intensity and design because of accessibility, ownership patterns, and community objectives.
(Ord. 632-91 § 24.01, 10-22-1991)
§ 18.105.020 Applicability of regulations.
The PD combining district shall overlay the district with which it is combined and permits those uses allowed in that district and any other uses approved by the planning commission.
All development proposed within areas designated PD on the zoning map must first secure approval of a use permit by the planning commission. The planning commission shall find that the proposed development is in the public interest and where application of these regulations will provide a better means of carrying out the intent of the general plan.
(Ord. 632-91 § 24.02, 10-22-1991)
§ 18.105.030 Development plans.
(1)
Preliminary Development Plan. At the option of the property owner or agent, a preliminary development plan may be filed with the city manager. The preliminary development plan is not a permit or entitlement and shall not be binding on the city in any way but is intended as a preapplication review process. Submittal of a preliminary development plan is not required but is highly recommended.
The preliminary development plan shall include all of the following unless deemed unnecessary by the city manager:
(a)
Legal boundary of the project.
(b)
Plot plan of land and area to be developed, indicating the location of adjacent streets and all private rights-of-way existing and proposed.
(c)
General topography of the land with all drainage features and location of all proposed structures.
(d)
Vehicular and pedestrian circulation within the site with connections to adjacent streets and alleys.
(e)
The extent, location, and proposed improvements of all off-street parking facilities.
(f)
Existing and proposed land uses.
(g)
The number of units proposed.
(h)
The extent, location, and general arrangement of landscaping and open space.
(i)
Architectural drawings to demonstrate the concept and character of the proposed development.
(j)
A preliminary schedule of staging, sequence, and approximate times for all proposed development.
(k)
Such additional information as may be required by the planning commission or the city council.
(2)
Final Development Plan. Submittal of a final development plan is required for all development in a PD zoning district. The final development plan shall be prepared and endorsed by a licensed land development professional including, but not limited to, an urban planner, architect, land surveyor, civil engineer, and/or landscape architect. It shall encompass all contiguous parcels under the same ownership and shall include the following:
(a)
A topographic map of the property prepared by a registered civil engineer or licensed land surveyor, with metes and bounds descriptions, which depicts in accurate detail the topography, existing buildings, land features (including area subject to flooding or ponding), and pertinent features of adjacent properties that may affect or be affected by the project.
(b)
A site plan map, at the same scale as the topographic map, showing in detail the design and location of proposed lots, proposed and existing structures, and all functional use area such as roads, trails, paths, walkways, parks, common areas, rights-of-way, public and private open spaces, parking, planting, recreation, and so forth.
(c)
A geologic soils report prepared by a licensed soils engineer.
(d)
Architectural elevations of all proposed building types.
(e)
Relationship of proposed buildings and structures to the nearest off-site improvement.
(f)
Plan of approximate grading.
(g)
Plan showing location, grades and widths of all streets, location and size of all utilities, drainage structures, parking areas, walkways, and other improvements.
(h)
Preliminary landscape plans.
(i)
Description of all open areas and statement indicating their intended disposition, i.e., how vested or to be vested, such as homeowners' association, dedicated to city, or otherwise.
(j)
Statement setting forth a program for the installation and maintenance of parking areas, lighting, landscaping, private grounds, streets, utilities, and open areas.
(k)
Indication of proposed property division, if applicable.
(l)
Such additional information as may be required by the planning commission or the city council.
(Ord. 632-91 § 24.03, 10-22-1991)
§ 18.105.040 Procedures.
(1)
Preliminary Development Plan. Once the city manager has determined that the appropriate materials have been submitted, an informational meeting(s) with the planning commission and/or city council will be held at which the project proponent is to present the conceptual plan and respond to questions and at which public input may be gathered. Notices to property owners within 300 feet, homeowner groups, and other interested parties shall be sent at least 10 days prior to said meetings.
(2)
Final Development Plan. A final development plan shall be filed along with an application for a use permit. The procedures outlined in Chapter 18.135 WMC shall then apply.
(Ord. 632-91 § 24.04, 10-22-1991)
§ 18.105.050 Development standards.
(1)
Uses Permitted. The uses permitted in any PD district shall be determined by those uses allowed with or without use permit approval in districts with which the PD district is combined. The planning commission may approve alternative uses only if those uses can be found to be in the public interest.
The number of dwellings per parcel and the number of dwellings per building may exceed the number allowed within R-1 and R-2 districts, provided the total density of the project does not exceed that designated by the general plan.
(2)
Parking Required. Off-street parking shall be provided in an amount not less than that set forth in the regulations of Chapter 18.120 WMC for the uses proposed.
(3)
Building Height Limit. The height of buildings or structures shall be limited to the height requirements in each particular zone combined with the PD districts.
(4)
Minimum Open Space. In all residential developments 40 percent of the gross property area shall be reserved for and devoted to outdoor open space area. In the case of unit or phase development of a total area, the same open space requirement shall be applicable to each phase. Of this required open space area, 25 percent may be restricted to private use by individual owners or users of the planned development; however, 75 percent of said 40 percent shall be common or a shared outdoor open area. Open space shall not be construed to include streets (public or private), parking areas, or area covered by structures of any kind. The planning commission may grant a modification where, after considering the general purposes of a planned development, including the open space requirements, a practicable result will obtain.
(5)
Underground Utilities. In any development which is primarily designed for or occupied by dwellings, all electric and telephone facilities, fire alarm conduits, street light wiring, and other wiring conduits and similar facilities shall be placed underground by the development unless waived by the planning commission.
(6)
Unit Size and Setbacks. A residential planned development may be established on parcels of land comprised of not less than three acres of contiguous land, unless the planning commission in its discretion, or the city council upon appeal, finds that the property of less than three acres is suitable, by virtue of its unique character. When a PD district abuts a residential district, the setback requirements of the adjacent residential district shall apply to that portion of the PD district along the common boundary.
(Ord. 632-91 § 24.05, 10-22-1991)
§ 18.105.060 Legal requirements – Common areas.
With respect to the common areas as set out in the development plan, there shall be provided, either in the body of the application or plan or appended thereto as exhibits, a subdivision plat showing the dedicated areas, covenants and other deed restrictions, plan of maintenance, and lot assessment procedures, which, among other things, shall include the following:
(1)
The form of document or covenant that will legally create an automatic membership nonprofit homeowners' association.
(2)
The extent and type of title of homeowners in the common property area or give definite assurance that it automatically will be so placed within a reasonable period of time.
(3)
Limitations on use of common property.
(4)
The extent and right of each lot owner to the use and enjoyment of the common property.
(5)
Responsibility for the operation and maintenance of the common property.
(6)
The amount of charge or assessment on each lot for the maintenance of common property, which will:
(a)
Assure sufficient funds to maintain the common property and provide that such assessment shall be a lien on the property; and
(b)
Provide adequate safeguards for the lot owners against undesirably high charges.
(7)
All documents required by this section shall be in a form that may be enforced by the city of Willows and a form that shall be first approved by the city attorney.
(Ord. 632-91 § 24.06, 10-22-1991)
