[CC 1996 § 25-231; Ord. No. 891 § 25-601]
A. 
The Planned Overlay District is for the purpose of encouraging flexible development at a quality level generally exceeding, that commonly found in projects developed under conventional zoning, by permitting deviations from the normal and established development techniques. The use of the Planned Overlay District can increase compatibility and reduce negative impacts by using techniques such as: large-scale developments; efficient use of land; innovative and imaginative site planning; conservation and preservation of natural resources; urban amenities; and greater open space. The following are specific objectives of the Planned Overlay District:
1. 
Planned developments are groupings of buildings or building sites that are planned as an integrated unit or cluster under unified control or ownership. The sale, subdivision or other partition of the property after zoning approval does not exempt the project or portions thereof from complying with the development standards, architectural quality, sign concepts and other conditions that were established at the time of rezoning. The submission and approval of a development plan represents a commitment by the developer that development will follow approved plans in all respects.
2. 
Planned residential developments should be designed in a manner that will produce more usable open space, better recreational opportunities and more safe and attractive neighborhoods than by using conventional zoning techniques.
3. 
Planned commercial developments should be designed to produce attractive, viable and safe centers and clusters, as opposed to strip patterns along thoroughfares. Control of vehicular access, architectural quality, landscaping and signs will be used to lessen negative impacts on nearby residential neighborhoods and to assure minimum adverse affects on the street system and other services provided to the public.
4. 
Planned industrial developments should be designed to promote the establishment of industrial parks, to permit groups of industrial buildings with integrated design and coordinated physical plans, and to buffer adjacent residential areas with landscaped open space.
5. 
Planned mixed-use developments are intended to encourage innovative neighborhoods and communities with a mix of residential and non-residential uses, including neotraditional developments. Such developments should integrate a variety of land uses within close proximity to each other and offer variety in type, design and layout of those uses. Planned mixed-use developments are intended as an alternative to conventional, use-segregated developments.
6. 
Planned mixed-use developments are intended as the method of integrating "non-residential" uses into areas identified as "residential" by the Comprehensive Plan. A variety of other factors should always be considered in determining if a mixed-use development is appropriate for a given residential area, including site design, proposed uses, nearby zoning and land uses and the character of the surrounding area.
7. 
The developer may be given latitude in using innovative techniques in the development of land not otherwise developable with conventional zoning requirements.
[CC 1996 § 25-232; Ord. No. 891 § 25-602]
A. 
The Planned Overlay District must always be used in conjunction with one of the other zoning districts, known as the "underlying district." The requirements of the Planned Overlay District shall be in addition to the requirements of the underlying district, and the Planned Overlay District may modify one or more of the regulations of the underlying district pursuant to the procedures set forth in this Article.
B. 
A Planned Overlay District shall correspond to the underlying district based upon the following notation:
District
Planned District Equivalent
R-1 (Single- and Two-Family Residential)
RP-1 (Planned Single- and Two-Family Residential)
R-2 (Multiple-Family Residential)
RP-2 (Planned Multiple-Family Residential)
R-3 (Manufactured Home Park)
RP-3 (Planned Manufactured Home Park)
C-1 (Central Business District)
CP-1 (Planned Central Business District)
C-2 (Tourism Services)
CP-2 (Planned Tourism Services)
M-1 (Manufacturing and Industrial)
MP-1 (Planned Manufacturing and Industrial)
[CC 1996 § 25-233; Ord. No. 891 § 25-603]
A. 
The use of the Planned Overlay District shall be separate from the subdivision regulations of the City, and the development plans required by the Planned Overlay District shall not be construed as plats.
B. 
Subdivision approval shall generally follow rezoning and/or preliminary plan approval, but shall precede the approval of the final development plan.
C. 
Resubdivision may be required as a prerequisite to approval of the final development plan.
[CC 1996 § 25-234; Ord. No. 891 § 25-604]
A. 
An area may be considered for rezoning to a Planned Overlay District if:
1. 
More than one land use is proposed for development on a single parcel, where one or more of the proposed uses are not permitted in the underlying zoning district regulations.
2. 
Different land uses that would not otherwise be permitted to locate within the same zoning district are proposed for development on one or more adjacent parcels under single or separate ownership; or
3. 
An exception or variation from the size, setback, frontage, density, uses or other standards that are required by the zoning district regulations are being proposed as part of a development plan.
B. 
Any use set forth in Table 4-1 may be allowed in a Planned District, upon approval of a development plan.
[CC 1996 § 25-235; Ord. No. 891 § 25-605]
A. 
The number of copies of the preliminary development plan, as required by the Zoning Officer, shall be submitted for a proposed planned development in a Planned Overlay District.
B. 
The preliminary development plan shall be accompanied by general submission material and information set forth in Section 400.270.
C. 
The following maps shall be submitted with the preliminary development plan application and shall comply with Section 400.270:
1. 
One or more maps [at a scale of one (1) inch equals one hundred (100) feet or larger] of the proposed development that includes the following:
a. 
Existing and proposed grades or contours for the entire site at five-foot contour intervals;
b. 
Proposed location of buildings, other structures and lot arrangements;
c. 
Any land areas within the one-hundred-year floodplain or a statement that no part of the site is within the floodplain;
d. 
Parking areas, drives and walks;
e. 
Screening and buffering areas, open space and other amenities;
f. 
Drainage patterns and the approximate grade of proposed streets, with high and low points identified;
g. 
Public streets, identifying arterials, collectors and local streets; service and loading areas; points of access to public rights-of-way;
h. 
Any existing or proposed easements with labels and dimensions for all easements and right-of-way;
i. 
Preliminary proposals for connecting with existing water supply and sanitary sewerage systems, and preliminary proposals for managing a surface water runoff;
j. 
Sufficient dimensions to indicate relationships between buildings, property lines, parking areas and other elements of the development, including building setback lines, with dimensions labeled;
k. 
Location, massing and pattern of proposed landscaping;
l. 
Existing streams and other bodies of water;
m. 
An analysis of the demand for water service and discharge into the sanitary sewer receiving system.
2. 
One or more maps of the area within one hundred eighty-five (185) feet of the subject property that contains the following:
a. 
Any public streets;
b. 
Traffic patterns affecting the site;
c. 
Any drives that exist or that are proposed;
d. 
Any buildings that exist or are proposed. Single- and two-family residential buildings may be shown in approximate location and general size and shape;
e. 
The location and size of retention basins, detention basins and all stormwater conveyance systems such as culverts, paved or earthen ditches, streams and watercourses or stormwater sewers and inlets; and
f. 
Surrounding uses and adjacent properties.
D. 
Exterior Building Sketches. The preliminary development plan shall include preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan, such as apartments and commercial buildings, a separate sketch shall be prepared for each type. The sketches shall include elevation drawings, but detailed drawings and perspectives are not required.
E. 
Schedules. A schedule shall be included indicating total floor area, dwelling units, land area, parking spaces, land use intensity and other quantities specified in the appropriate zoning district regulations.
F. 
Phases Of Development. To the extent phases are applicable, phases of development must be shown on the preliminary development plan. If the development will occur in phases, the applicant shall submit a development plan that also displays the entire development at the completion of all phases. The phased development shall have the phases clearly outlined with expected dates for the beginning and completion of construction. No building permit shall be issued for any phase of development until a final development plan for that phase is approved by the Governing Body in accordance with the provisions of this Chapter.
[CC 1996 § 25-236; Ord. No. 891 § 25-606]
A. 
Planning Commission Hearing. The Commission shall hold a hearing in accordance with Section 400.410, to consider the preliminary development plan application. Notice of the hearing shall be given in accordance with Section 400.380. The Commission shall prepare a recommendation on the preliminary development plan, which shall be forwarded to the Governing Body.
B. 
Governing Body Hearing. Following review and recommendation by the Planning Commission, the Governing Body shall review the application at a hearing in accordance with Section 400.410. The Governing Body may then approve, conditionally approve or disapprove the preliminary development plan application. As a condition of approval, the Governing Body may designate itself as the entity that shall review the final development plan.
C. 
Criteria For Approval. The Planning Commission and Governing Body shall use the applicable zoning district regulations as a guide for review of the preliminary development plan. If the Governing Body imposes conditions or restrictions on a preliminary development plan, it shall designate specific requirements that must be met before an applicant may submit a final development plan application. In considering any preliminary development plan application, the Planning Commission and the Governing Body may give consideration to the criteria set forth in Section 400.460, to the extent they are pertinent to the particular application. In addition, the Planning Commission and the Governing Body may consider other factors which may be relevant to a particular application.
D. 
Modification Of Underlying District Regulations.
1. 
Any development plan proposing modification of any underlying district regulation shall be accompanied by a letter outlining the proposed modification(s) and the reason(s) therefor.
2. 
The Planning Commission may recommend, and the Governing Body may approve, a preliminary development plan that modifies one or more of the restrictions or regulations found in this Chapter, including, but not limited to, density and minimum lot size requirements, floor-to-area ratios, required minimum public improvements, building materials and color, maximum structure heights, parking, landscaping and buffering requirements.
3. 
A preliminary development plan that contains proposed modifications from one or more of the restrictions or requirements of this Chapter, as authorized by this Subsection, may be recommended for approval and approved if the Planning Commission or Governing Body concludes that the development proposed by the preliminary development plan will provide sustainable value to the City, incorporates sound planning principles and design elements that are compatible with surrounding properties and consistent throughout the proposed project, effectively utilize the land upon which the development is proposed, and furthers the goals, spirit and intent of this Chapter.
4. 
No separate vote on proposed modifications is required by this Subsection. It is the intent of this Subsection that the Planning Commission and the Governing Body evaluate the proposed preliminary development plan to determine if, as a whole, it is consistent with the approval criteria set forth herein and the purposes of this Chapter.
[CC 1996 § 25-237; Ord. No. 891 § 25-607]
Approval of the preliminary development plan shall be valid for one (1) year from the date of its approval. Upon request of the applicant and approval by the Governing Body, the duration of approval may be extended for a period of not more than one (1) year. The filing and approval of a final development plan for any phase of the area covered by the preliminary development plan shall extend the period of validity an additional two (2) years.
[CC 1996 § 25-238; Ord. No. 891 § 25-608]
A. 
Requirement. Once a preliminary development plan has been approved, changes in the preliminary development plan may be made only after approval of a revised preliminary development plan.
B. 
Procedure For Revised Preliminary Development Plan Applications.
1. 
An applicant that has received approval of a preliminary development plan may request approval of a revised preliminary development plan at least ten (10) working days prior to the scheduled consideration of the final development plan.
2. 
When an application for a revised preliminary development plan is filed, the Zoning Officer shall determine whether the revised preliminary development plan involves major or minor changes, and shall notify the applicant within fifteen (15) working days of the nature of the requested changes and of the procedure that applies to consideration of the application for a revised preliminary development plan.
C. 
Minor Changes. Minor changes shall be defined as any changes to the approved preliminary development plan that are not major changes as defined in Subsection (D). Minor changes shall be approved or denied by the Commission without a public hearing.
D. 
Major Changes. Major changes to the approved preliminary development plan may be approved only by the Governing Body after review and recommendation by the Commission. Approval of major changes to the approved preliminary development plan shall follow the procedure for original approval of the preliminary development plan set forth in Section 400.870. Major changes shall consist of any of the following:
1. 
A change in the phases as originally specified in the preliminary development plan.
2. 
Increases in the density or intensity of residential uses equal to or more than 5%.
3. 
Increases in the total floor area of all non-residential buildings covered by the plan equal to or more than 10%.
4. 
Increases of lot coverage equal to or more than 5%.
5. 
Increases in the height of any building equal to or more than 10%.
6. 
Changes in ownership patterns or stages of construction that will lead to a different development concept.
7. 
Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities.
8. 
Decreases of any setback equal to or more than 5%.
9. 
Decreases of areas devoted to open space equal to or more than 5%, or the substantial relocation of such areas.
10. 
Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.
11. 
Modification or removal of conditions in the preliminary development plan approval.
12. 
Changes to the water or sanitary sewer plans that impact these utilities outside the project boundaries.
E. 
Criteria For Revised Development Plan. In considering an application for a revised preliminary development plan, the Planning Commission or Governing Body shall apply the criteria set forth in Section 400.870. In the event that the application for the revised preliminary development plan is denied, the previously approved preliminary development plan will remain in effect.
F. 
Limitation On Revised Development Plans. No more than two (2) revised preliminary development plans may be approved that involve minor changes, as defined in this Subsection. Any further revisions to the preliminary development plan may only be approved following the procedure for major changes.
[CC 1996 § 25-239; Ord. No. 891 § 25-609]
Approval of a final development plan is required any time a preliminary development plan has been approved. No building permit shall be issued until a final development plan is approved. A final development plan application may be combined with a preliminary development plan application if all material and information required by Section 400.910 are submitted.
[CC 1996 § 25-240; Ord. No. 891 § 25-610]
A. 
The number of copies of the final development plan, as required by the Zoning Officer, shall be submitted in support of the application.
B. 
The final development plan shall be accompanied by the following supporting documents or materials:
1. 
All general application material and information set forth in Section 400.270;
2. 
Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval, if conveyance thereof is not to be made by plat;
3. 
A copy of all covenants and restrictions applicable to the development, if required by the terms of the preliminary development plan;
4. 
Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency, if required by the terms of the approved preliminary development plan; and
5. 
Evidence of satisfaction of any conditions of the preliminary development plan approval that were conditions precedent to consideration of the final development plan.
C. 
The final development plan shall consist of one or more maps that comply with Section 400.270 and that show the following.
1. 
All proposed and existing adjacent public street rights-of-way with centerline location and right-of-way widths;
2. 
All proposed and existing public street and public drive locations, widths, curb cuts and radii;
3. 
Location, width and limits of all existing and proposed easements;
4. 
Location, width and limits of all existing, and proposed sidewalks;
5. 
Location, size and radii of all existing and proposed median breaks and turning lanes;
6. 
Distance between all buildings, between buildings and property lines and between all parking areas and property lines;
7. 
Location of all required building and parking, setbacks;
8. 
Location, dimensions, number of stories and area in square feet of all proposed buildings;
9. 
Area of land on plan in square feet or acres;
10. 
The location of all oil and/or gas wells on the property;
11. 
Limits, location, size and material to be used in all proposed retaining walls;
12. 
Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks;
13. 
Location, height intensity and type of outside lighting fixtures for buildings and parking lots;
14. 
Location, size, and type of material of all proposed monument or freestanding signs;
15. 
The location of adjacent developments, alignment and location of public and private driveways and streets, medians, and public and semipublic easements;
16. 
Final stormwater collection, conveyance and detention/retention plans;
17. 
Final analysis of the capacity of the existing sanitary sewer receiving system; and
18. 
Final water and sanitary sewer plans.
D. 
One or more illustrations shall be submitted with the final development plan showing building elevations, including the following:
1. 
Elevations of all sides of proposed non-residential buildings and multiple-family residential buildings, including notation indicating building materials to be used on exteriors and roofs;
2. 
Size, location, color and materials of all signs to be attached to building exteriors;
3. 
Location, size and materials to be used in all screening of rooftop mechanical equipment, and
4. 
Building sections.
E. 
One or more illustrations shall be submitted with the final development plan showing dimensions and areas of all floors within proposed buildings for which building elevations are required.
F. 
One or more illustrations shall be submitted with the final development plan showing landscaping and tree preservation.
G. 
One copy of the proposed plan, building elevations and landscaping plan shall be reduced onto eight and one fourth (8 1/4) inch by eleven (11) inch bond paper.
H. 
A final development plan application may also constitute and be considered to be a preliminary plat application provided said application complies with all applicable requirements of Article XIV. If the applicant wishes to have the final development plan application also considered as a preliminary plat application, a written request therefor shall be submitted at the time of filing the application.
[CC 1996 § 25-241; Ord. No. 891 § 25-611]
A. 
No Changes. A final development plan that contains no changes or additions to the approved preliminary development plan may be approved by the Planning Commission without a hearing, upon a determination that all conditions of approval of the preliminary development plan, if any, have been satisfied by the applicant, and that all other submission requirements have been satisfied. If the Planning Commission does not approve the final development plan, the decision of the Planning Commission may be appealed to the Governing Body. With respect to the appeals, the Governing Body shall act in accordance with the procedure specified in Subsection (C).
B. 
Changes. A final development plan that contains changes to the approved preliminary development plan may be approved by the Governing Body without a public hearing, provided that the Governing Body determines that the proposed development will be compatible with proposed and existing adjacent development, and that all other submission requirements have been satisfied.
C. 
Governing Body Approval.
1. 
A final development plan shall be submitted for approval by the Governing Body if.
a. 
Approval of the preliminary development plan was conditioned upon the subsequent approval of a final development plan by the Governing Body;
b. 
The applicant combines a preliminary and final development plan; or
c. 
The applicant appeals the Commission's determination pursuant to Subsection (A).
2. 
Following consideration of the final development plan, the Governing Body shall approve, approve with conditions, or disapprove the plan.
D. 
Criteria For Approval. In determining whether to approve an application for a final development plan that contains changes from the preliminary plan, the Planning Commission or Governing Body shall apply the criteria set forth in Section 400.870 applicable to a preliminary development plan application.
E. 
Conditions On Approval. If the Planning Commission or the Governing Body attaches conditions to the approval of a final development plan, it shall designate specific requirements that must be met before issuance of a building permit. The Governing Body may delegate to the Zoning Officer the authority to determine whether the specifically prescribed conditions attached to the approval have been satisfied by the applicant. As a condition of approval, the applicant may be required to execute a development agreement that is satisfactory to both the applicant and the City.
F. 
Approval Of A Preliminary Plat. In all cases where the applicant has requested that final development plan approval also constitute preliminary plat approval, the application shall be submitted for approval by the Governing Body following approval by the Planning Commission. The Governing Body may elect to approve the application as a final development plan, but not approve the application as a preliminary plat.
[CC 1996 § 25-242; Ord. No. 891 § 25-612]
Construction of a planned development or the first phase of a planned development if phases are applicable shall begin within one (1) year from the date that the ordinance for the final development plan is approved. One (1) extension for no longer than one (1) year may be granted by the Governing Body. If construction does not begin within one (1) year or such period for which an extension has been approved, the final development plan shall expire and be voided.
[CC 1996 § 25-243; Ord. No. 891 § 25-613]
A. 
Allowed Uses. In any Planned Overlay District unless otherwise restricted or expanded by the Governing Body, any use permitted in the underlying zone shall be permitted. The uses permitted in a Planned Overlay District may be voluntarily restricted by the applicant, and restricted or expanded as a condition of approval of the preliminary or final development plan by the Planning Commission or Governing Body.
B. 
Preservation Of Natural Features. In any Planned Overlay District, mature trees, vegetative cover, watercourses and other natural site features shall be preserved to the greatest extent possible. Abrupt changes in natural slope shall be avoided. Preservation shall be directed toward:
1. 
Enhancing the quality of new development;
2. 
Protecting the natural environment;
3. 
Providing buffering between new development and surrounding properties; and
4. 
Preserving the character of existing neighborhoods.
C. 
Common Open Space. In any Planned Overlay District, a minimum of three percent (3%) of the gross area of every planned development containing ten (10) or more dwelling units shall be devoted to common open space for the use and enjoyment of the residents.
1. 
The following areas qualify wholly or partially as common open space:
a. 
Major Recreation Areas. The total area of an improved recreation area may be counted as common open space. An improved recreation area shall be at least 5,000 square feet in size and shall be linked to all dwelling units within the planned development by a continuous pedestrian circulation system of sidewalks or trails. A golf course may be used to satisfy a maximum of fifty percent (50%) of the common open space requirement.
b. 
Mini-Parks. The total area contained in mini-parks that have a minimum dimension of 3,000 square feet and that include benches, playground apparatus, barbecue pits, fire rings or other approved recreational amenities may be counted as common open space.
c. 
Recreational Buildings. The area occupied by a multiple-use recreation building and its attendant outdoor recreation facilities, excluding a golf course, may be counted as common open space.
d. 
Pedestrian Open Space System. The total area contained in a continuous open space pedestrian system, not less than ten (10) feet wide, consisting of permanently maintained walks and trails leading to a natural amenity, recreation facility, park or commercial use and offering circulation that is separate from roads and streets and sidewalks adjacent to roads and streets may be counted as common open space.
e. 
Environmental Features. If natural habitats of significant value or environmentally sensitive areas are determined to exist, the Governing Body may require the area so defined to be left in an undisturbed state or incorporated into the design of the planned development as a passive recreation area with a minimum of improvements. In either case, the total area contained therein may be counted as common open space.
2. 
Maintenance Of Common Open Space. Any common open space established by a final development plan shall be subject to the following requirements:
a. 
Responsibility. The landowner shall establish an organization for ownership and maintenance of common open space, and that organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the common open space to the City. The conditions of any transfer shall conform to the final development plan.
b. 
Failure To Maintain. In the event that the organization established to own and maintain common open space shall fail to maintain the common open space in a reasonable condition, the Zoning Officer shall serve written notice upon such organization, setting forth the maintenance deficiencies. The failure to correct such deficiencies within thirty (30) days shall be deemed a violation of this Chapter, subject to the penalty and enforcement provision set forth in Article I.
D. 
Phased Developments. At the time of preliminary development plan approval, the applicant may propose, or the City may require, that a phasing plan be submitted that sets forth the timing, and sequencing of development among various types of uses or subgroups of uses or structures in the development.