(a)
Purpose.
The planned development district is established to permit flexibility and encourage a more creative, efficient, and aesthetically desirable design and placement of buildings, open spaces, and circulation patterns by allowing a mixture or combination of uses, and utilizing special site features such as topography, size, and shape. A planned development district may be used to permit new or innovative concepts in land utilization not permitted by a single zoning district within this zoning ordinance. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow certain development to occur, the requirements established herein ensure against misuse of increased flexibility.
(b)
Permitted uses.
A planned development district may contain any use or combination of uses permitted in the zoning districts, article 14.02, and use regulations, article 14.03. Uses shall conform to the standards and regulations to the base zoning district stated in the ordinance establishing the planned development district unless otherwise spelled out in detail within adopted development standards and illustrated with a concept plan.
(c)
Modified development standards.
Development standards for each planned development shall be set forth in the granting ordinance adopting the planned development zoning and shall include standards listed in the following documents as well as related standards which the city may determine are in the public interest:
(d)
Procedure and approval.
The procedure for establishing a planned development district shall follow the procedure in section 14.01.303, zoning change process, as set forth in this code. An applicant for a planned development district shall refer to the application requirements outlined in subsection 14.02.501(f), below. Once established, a planned development may further amend the zoning within each PD tract individually and not require the entire acreage of the planned development to be reconsidered or noticed per State law.
(e)
Neighborhood meeting.
The applicant is encouraged to conduct a neighborhood meeting with the area homeowners in the vicinity of the rezoning/planned development request prior to appearing before the planning and zoning commission. The applicant shall notify the director of development services of any scheduled neighborhood meetings at least seven (7) calendar days prior to the meeting and the director or his designee may attend the neighborhood meeting to offer guidance in the process and timing of rezoning.
(f)
Application requirements.
(1)
Base zoning district.
The ordinance establishing a planned development district shall specify the base zoning district or districts and identify same on the concept plan. The land uses permitted by right in the base zoning district shall be allowed by right in the planned development district. Any additional land uses not allowed in the designated base zoning must be specified in writing in the adopting ordinance. In selecting a base zoning district, the uses allowed in the base zoning district must be similar or compatible with those allowed in the planned development district. The planned development district shall conform to all other sections of the ordinance unless expressly provided otherwise in the granting ordinance. If the standards of the base zoning district are amended (through a zoning ordinance text amendment), the most recently amended standards shall apply to the PD at the time of development.
(2)
Letter of intent.
All applications shall include a written statement of purpose that addresses the following:
(A)
Explanation of proposal and the justification for the planned development including the impact on public health, safety, and welfare.
(B)
Explanation of how the proposed planned development will be a benefit to the city.
(C)
Details of how the proposed planned development is consistent with the comprehensive plan.
(D)
Anticipated schedule of development and phasing.
(3)
Legal description.
A legal description (i.e. metes and bounds) for the property.
(4)
Concept plan.
The Concept Plan shall show shall the boundaries of the subject property, roadways, adjacent zoning districts, and the applicant’s intent for the use of the land within the proposed planned development district. (See section 14.01.305, concept plan requirements and approval for more information regarding concept plans). Receipt of the concept plan (during review and prior to approval) does not vest rights for any property.
(5)
Development standards.
The applicant shall provide a bullet point list of all development regulations that are proposed to vary from those listed in the zoning ordinance. These shall include, but are not limited to, land uses, density, lot area, lot width, lot depth, setbacks, building height, building materials, lot coverage, off-street parking and loading, open space, access, screening, landscaping, project phasing or scheduling, property or homeowner management associations, and other conditions or requirements the staff, the planning and zoning commission, and/or the city council may deem appropriate. Any development standards not listed shall be assumed to conform to the zoning ordinance, as it exists or may be amended. The development services staff shall transpose the bulleted list into written development standards, so that the development standards of all planned developments follow a prescribed format.
(g)
Homeowners association.
A homeowners’ association (HOA) shall be established for the purpose of ownership, maintenance, and management of open spaces within any planned development district for residential uses. A similar property owners association shall be established for the purpose of ownership, maintenance, and management of open spaces within any planned development district for non-residential uses.
(h)
Facilities agreements and development agreements.
The development services director may require that the owner submit a Facilities Agreement in compliance with the subdivision ordinance or a development agreement prior to or in conjunction with plat approval. This agreement shall reflect conditions of the city and the developer as to the cost sharing for the installation or oversizing of utility systems, perimeter streets, mandatory construction, dedication of park or open space area, landscaping or greenbelt development or other comparable items, phasing of the development, timing of required improvements by phase, maximum density or intensity of use during the construction process, and the maintenance of open space (see section 10.03.044 of the subdivision ordinance for more information regarding development agreements).
(i)
Reference on zoning map.
All planned development districts approved in accordance with the provisions of the zoning ordinance, by the original ordinance or by subsequent amendments thereto, shall be referenced on the zoning district map, and a list of such planned development districts, together with the category of uses and development standards permitted therein, shall be maintained as part of this code.
(Ordinance 2019-42 adopted 10/8/19)