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- Zoning
Planned Development District
Sec. 31-85. District P-D - Planned Development (PD)
A. INTENT AND PURPOSE OF DISTRICT It is
the intent of the Planned Development (PD) regulations is to permit greater flexibility and consequently more creative and imaginative design than generally is possible under conventional zoning regulations.
It is hereby intended to permit upon application and upon approval of site and use plans, the creation of Planned Development (PD) Districts. Suitability of such tracts for the PD District designation shall be determined by and shall be made in accordance with the comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the over-crowding of land, to avoid undue concentration of population, to preserve features of historical significance, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, other public requirements, and with a reasonable consideration being given to among other things, the character of the District and its peculiar suitability for particular uses and with a view to conserving the land throughout the City.
In PD Districts, the regulations which are adopted are intended to accomplish the same purposes as do zoning and other applicable regulations in districts which are developed on a lot by lot rather than a unified basis.
B. APPLICATION OF PLANNED DEVELOPMENT (PD) DISTRICT PROVISIONS A PD District may be proposed for any location in the City if it is in accordance with the provisions of this Article.
C. EFFECT OF PLANNED DEVELOPMENT (PD) DISTRICT APPROVALApproval of a Planned Development (PD) District shall constitute an amendment to the zoning ordinance. Designation of a property as a Planned Development (PD) District in accordance with an approved development plan shall supersede all existing and prior zoning classifications. Such property shall for zoning purposes be identified by the letters PD followed by an identifying number.
D. STANDARDS All Planned Development Districts shall at a minimum satisfy the following standards and requirements.
E. HEIGHT REGULATIONS The Development Plan shall specify both for the project as a whole and/or for sub-areas within the project, as appropriate, those principal and accessory uses that are to be permitted. The City Council may include or exclude uses from the Development Plan or include uses with attached conditions as appropriate to achieve the intent of these provisions.
In making its determination of the uses to be permitted within the PD District, the Council may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity of the PD District, the appropriateness of permitted uses for the area in general and their overall impact on the community, and the consistency of the permitted uses with the Master Plan and other adopted plans and policies.
F. INTENSITY OF DEVELOPMENT The Development Plan shall contain provisions to regulate the intensity of development within the Planned Development (PD) District. Such provisions may apply to the project as a whole or to sub-areas within the project as appropriate.
- For nonresidential development, the intensity of development may be regulated:
- By specifying an appropriate Floor Area Ration(s) (FAR).
- By specifying maximum square footage or gross leasable area.
- By specifying setbacks, height and bulk restrictions.
- By a combination of such restrictions for the project as a whole or for components or sub-areas within the project.
In addition, nonresidential Development Plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial, and other nonresidential activities. The City Council may impose such standards and restrictions as necessary to achieve the intent of the Article. In making its determination regarding the intensity of development and appropriate performance standards, the Council may consider the character and scale of similar development, the character and scale of surrounding development and the area in general, the real or anticipated impact on public facilities and services, and consistency with the Master Plan and other adopted plans and policies.
- The residential density of a project shall be computed in accordance with the following formula:
Maximum Number of Dwelling Units = Entire area of the property to be utilized for residential purposes multiplied by the maximum density as shown by table 1 below permitted within the zoning district(s) in effect for the property at the time of (PD) District application.
| TABLE 1 |
| Zoning District |
Maximum Residential Density |
| R-1 Single Family |
7 DU/Acre |
| R-2 Two-Family |
14 DU/Acre |
| R-3 Multi-Family Dwelling |
30 DU/Acre |
| C-1 Central Business |
40 DU/Acre |
| C-2 Highway Business |
40 DU/Acre |
| I-L Light Industrial |
Residential Not Permitted |
| I-H Heavy Industrial |
Residential Not Permitted |
The permitted number of dwelling units may be distributed in any manner over the residential portions of the project consistent with the intent and provisions of this article. The Development Plan shall specify distribution of residential density for the project as a whole or for sub-areas within the project as appropriate. In making its determination regarding the distortion of residential densities, the Council may consider the compatibility of residential densities on public facilities and services and the consistency with the Master Plan and other adopted plans and policies.
G. PARKING REGULATIONS The Development Plan shall specify b bulk, area and height restrictions for the project as a whole or for sub-areas and/or components of the project as appropriate.
The City Council may impose alternate or additional standards or restrictions to achieve the intent of the Article. In making its determination regarding such standards or restrictions, the Council may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, the general character and scale of the similar development within the area of the proposal and the consistency with the Master Plan and other adopted plans and policies.
H. PUBLIC FACILITIES The Development Plan shall specify conditions, restrictions and standards relating to the timely provisions of necessary public facilities as appropriate. The City Council may impose conditions, restrictions and standards as appropriate to achieve the intent of this ordinance. In making its determination regarding such conditions, restrictions and standards, the Council may consider the adequacy of existing facilities, the timely provision of adequate facilities, the impact of the proposed development on existing and/or planned facilities and the overall cost to the community.
I. ACCESS TO PUBLIC THOROUGHFARES The Development Plan shall specify the location and general design of ingress and egress to the project along with access restrictions as appropriate. The City Council may imposed such access standards and restrictions as necessary to protect the integrity and function of the City's thoroughfare system and to otherwise achieve the intent of this Article. In making its determination regarding such access standards and restrictions, the Council may consider the classification and function of the thoroughfare system, existing and projected traffic volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns and the consistency with the Master Plan and other adopted plans and policies.
J. OFF-STREET PARKING AND LOADING REQUIREMENTS Unless specifically modified by the Development Plan, the off-street parking and loading req2uirements contained within this Article shall apply. Reductions in off-street parking and loading standards shall be approved only if it can be demonstrated that parking demand will be less due to design and/or occupancy characteristic s of the project and/or the availability of public transportation.
G. SIGNS Unless specifically modified by the Development Plan, the sign regulations contained within this Article shall apply. Modifications to the sign regulations shall be approved only if the general intent of the sign regulations regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.
L. PERIMETER TREATMENT The Development Plan shall specify any special treatment of perimeter areas designed to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The City Council may impose those standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.
M. PROCEDURE Applications for Planned Development (PD) District designation shall be processed pursuant to a three-step review process as specified in this section. The three-step procedure shall include: (1) a pre-application conference; (2) a preliminary development plan; and (3) a final development plan.
N. PRE-APPLICATION CONFERENCE The Pre-application Conference is an informal procedure to assist the applicant in meeting various requirements of the City and to provide and early preview of the application. To obtain further information, each applicant shall confer with the Director of Planning and interested department heads in connection with the preparation of the PD application. It shall be the responsibility of the Director of Planning to coordinate pre-application review. Upon review, the Director of Planning shall furnish the applicant with his written comments regarding the proposal including appropriate recommendations to inform and assist the applicant in preparing the PD application.
O. PRELIMINARY DEVEOPMENT PLAN Upon satisfying the pre-application conference requirement, an applicant may submit a Preliminary Development Plan. The following information shall as a minimum be included in the application:
- A legal description of the site proposes for (PD) designation, including a statement regarding present ownership and present zoning.
- A Master Conceptual Plan that indicates parcel, tract or lot locations and dimensions; density per gross and per net acres in the development and in each land use component, if appropriate; amount of land in common area open space, recreation use or public use, if appropriate; the location, dimension and classifications of streets and drives, pedestrian movement systems; water areas, and flood prone areas, if appropriate; and the treatment of project boundaries.
- A Written Text which includes supporting graphics describing the overall concept of the plan; the uses included and any limitations upon uses; building types and prototypical site layouts, if appropriate; provisions for maintenance of common areas; and proposed agreement, dedications or easements; any proposed private covenants and restrictions; and any other information required by this Article or pertinent to a determination of compliance with this Article.
- A Circulation Plan that indicates roads adjoining the property, the location of access from public roads into the project; and vehicular and pedestrian circulation systems within the project. The Circulation Plan may be included as a part of the Master Conceptual Plan.
- An Improvements Plan that indicates water supply and distribution facilities as well as the source of the water supply; sewage collection and disposal including the method and location of sewage discharge; methods and facilities for the management of storm water runoff; improvements to streets and roads; and any other physical improvements required to support the project.
- A Statistical Summary that indicates the number of acres in the project; the number of acres allocated to each land use within the project, the gross and net residential density within the project and within each land use component of the project; and floor area, floor area ratios, open space ratios and other data relating the intensity of development to the site size and location.
- The Following Elements are Optional:
- A Sign Plan which indicates the location, size, design and other pertinent provisions relating to signs within the project.
- A Parking Plan which shows the number of parking spaces as well as their general location and design.
The Preliminary Development Plan shall be reviewed as a zoning amendment and shall be processed in the manner specified by this Article.
P. FINAL DEVELOPMENT PLAN Due to diversity in size and character of proposals considered under this section, flexibility in the form, content and approval procedure of the Final Development Plan should be retained. Toward this end, the City Council shall specify, as part of its approval of the Preliminary Development Plan, the form, content and approval authority of the Final Development Plan.
In exercising this provision, the City Council may waive the Final Development Plan in its entirety or for specified portions of the project. Such waiver shall be granted only if the Preliminary Development Plan offers sufficient detail and assurances normally required by other regulations would offer adequate review to safeguard the public interest. Such waiver shall not be construed to waive review procedures otherwise required by City ordinances.
In the event the City Council considers a submission of a Final Development Plan necessary for all or part of the District, it shall so specify in its approval of the Preliminary Development Plan. The City Council may retain its authority to approve the Final Development Plan or may delegate its approval authority to the Planning and Zoning Commission or to specified administrative officials. In the event the approval authority is delegated, the City Council shall specify the limits of discretion to be exercised by the approving authority.
Q. SUBDIVISION PLATS AND SITE PLANS REQUIRED Nothing in this Section shall be construed to prevent an applicant from submitting, at his option, a subdivision plat or site plan for simultaneous review with the Development Plan.
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