(A)
Purpose.
The purpose of a Planned Development zoning district (PD district)
is to provide for the development of land as an integral unit for
single or mixed uses in accordance with special conditions or a Concept
Plan that may include uses, regulations and other requirements that
vary from the provisions of other zoning districts. PD districts are
generally intended to encourage flexible and creative planning, to
ensure the compatibility of land uses, to allow for the adjustment
of changing demands to meet the current needs of the community, and
to result in a higher quality development for the community than would
result from the use of standard zoning districts.
(B)
Applicability.
A PD district may only be established in one of the following
circumstances:
(1)
The
land is located in proximity to established residential neighborhoods
where conventional zoning classifications may not adequately address
neighborhood concerns regarding the quality or compatibility of the
adjacent development, and therefore it would be desirable to the neighborhood
for the developer and the City to develop and implement mutually-agreed
upon, enforceable development standards;
(2)
The
land, or adjacent property that would be affected by the development
of the land, has sensitive or unique environmental features requiring
a more flexible approach to zoning and clustering of uses, or special
design standards, in order to afford the best possible protection
of the unique qualities of the site or the adjacent property;
(3)
The
land is proposed for development as a mixed-use development or a non-traditional
development requiring more flexible and innovative design standards
or employing new design concepts not regulated by this GDC;
(4)
The
land serves as transition between different and seemingly incompatible
land uses;
(5)
The
land is proposed for development as a major office, retail, commercial
or industrial employment center, and special design standards may
be warranted given the size, complexity, mix of uses, or intensity
of uses in or of the proposed development;
(6)
The
land is of such a character that it is in the community’s best
interest to encourage high-quality development through flexible development
standards to further the goals and objectives of the City’s Comprehensive Plan; or
(7)
The
land consists of unusually configured parcels that cannot be developed
efficiently under the base district standards.
(C)
Nature
of the District.
Each PD district is based on the standard
zoning district(s) that most closely resembles the development anticipated.
Development in a PD district must be generally consistent with the
Concept or Detail Plan (where required) submitted in the application
or approved for a Planned Development.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 20, adopted 8/20/19; Ordinance 7524 adopted 4/16/2024)
(A)
Base
Zoning District Uses.
(1)
Any
use allowed by right in the Land Use Matrix in Article 5 of this Chapter 2 for the base district(s) of the PD is allowed in the PD district, unless the use is prohibited or otherwise conditioned in the regulations adopted for the PD district.
(2)
Uses
designated as specific uses in the Land Use Matrix in Article 5 of this Chapter 2 for the base district(s) of the PD may be authorized in the PD district unless such uses are otherwise conditioned in the regulations adopted for the PD district.
(B)
Planned
Development Zoning District Uses.
The PD district may
provide for uses not normally allowed in the base zoning district(s)
provided that the uses are compatible with the other uses allowed
in the district. The ordinance establishing the PD district shall
expressly state any uses that are allowed in the PD district but are
not allowed uses in the base zoning district.
(C)
Location
and Arrangement of Buildings.
The location and arrangement
of all buildings in the PD district must be generally consistent with
the Detail or Concept Plan, if any, approved with the district.
(D)
Consistency
Required.
All development applications within a PD district
must be generally consistent with the Detail or Concept Plan that
is part of the PD. Failure of a subsequent development application
to generally conform to the approved Detail or Concept Plan will result
in denial of the application, unless the PD district regulations are
amended through incorporation of a revised Concept or Detail Plan
with which the development application is consistent.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 21, adopted 8/20/19; Ordinance 7524 adopted 4/16/2024)
(A)
Base
District and Supplemental Standards.
In a PD district,
development must conform to all development standards in the base
zoning district (including, but not limited to, those pertaining to
lot area, building size, building and height requirements, and parking),
unless expressly stated otherwise in the PD district adopting ordinance.
(B)
Planned
Development Zoning District Standards.
Special development
standards applicable to certain uses in the base zoning district or
pursuant to this GDC will apply to the PD district, unless expressly
stated otherwise in the PD district adopting ordinance.
(1)
Standards that may be modified in the PD ordinance include (but are not limited to) lot area, lot width, lot depth, yard depths and widths, building height and size, building exterior construction, lot coverage, floor area ratio, parking, access, screening, fencing, alternative paving, landscaping, accessory buildings, signage, lighting, and residential density (subject to Section 2.08 in this Chapter 2).
(2)
A
PD ordinance may increase or decrease the development standards or
other requirements otherwise applicable to particular uses.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 13, adopted 12/3/19)
(A)
Responsible
Official.
The Planning Director is the responsible official
for processing a PD district application.
(B)
Contents
of Application for PD Zoning.
Detailed requirements for
the format and contents of an application for a PD district must be
in accordance with requirements in the Development Application
Packet, as may be amended from time to time.
(Ordinance 6773 adopted 5/19/15)
(A)
Requirement
for Concept Plan.
The Planning Director shall determine
whether a Concept Plan is required as part of an application for a
PD or SUP. If a Concept Plan is determined to be required, such Plan
must be included with the PD or SUP change of zoning application and
is, if the application is approved, incorporated as part of the PD
or SUP ordinance.
(B)
Purpose
of Concept Plan.
The purpose of a Concept Plan is to
provide a general layout of the proposed development. The City's approval
of a Concept Plan will allow the applicant to determine whether the
City is generally in agreement with the land usage and development
proposed, and will provide the City with an overall impression of
the development proposed. A Concept Plan shall be construed to be
an illustration of the development concepts only and not an exact
representation of the specific development proposed.
(C)
Contents
of Concept Plan.
Requirements for the format and contents
of a Concept Plan must be in accordance with requirements in the Development
Application Packet, as may be amended from time-to-time.
(D)
Planning
Director Review.
The planning director is authorized
to require the applicant to make additions and corrections to Concept
Plans before moving the application forward to the public hearing
stage.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 22, adopted 8/20/19; Ordinance 7524 adopted 4/16/2024)
(A)
Existing
PD Containing Requirement for Detail Plan.
When amending
an existing PD that contains a requirement for a Detail Plan, a Concept
Plan may be used in place of the Detail Plan.
(B)
Purpose
of Detail Plan.
The purpose of a Detail Plan is to specifically
illustrate the proposed location and arrangement of uses and structures,
the relationship of such uses to base zoning districts, development
phasing, planned public improvements, open space, proposed amenities,
and the overall design of the development.
(C)
Contents
of Detail Plan.
Detailed requirements for the format
and contents of a Detail Plan must be in accordance with requirements
in the Development Application Packet, as may be amended from time
to time. The Detail Plan shall be incorporated into the regulations
of the PD ordinance, shall be construed in conjunction with the authorized
uses and development standards set forth in such regulations.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 23, adopted 8/20/19; Ordinance 7524 adopted 4/16/2024)
(A)
Factors.
The following criteria will be used by the City in deciding
whether to approve, approve with modifications, or deny an application
for a PD district:
(2)
The
extent to which the proposed PD district furthers City planning policies
and formally adopted planning documents;
(3)
The
extent to which the proposed PD district will result in a more desirable
development than could be achieved through conventional zoning classifications;
(4)
The
extent to which the proposed PD district will resolve or mitigate
any compatibility issues with surrounding development;
(5)
The
extent to which proposed uses and the configuration of uses depicted
in the Concept Plan are compatible with existing and planned adjoining
uses; and
(6)
The
extent to which the proposed open space and recreational amenities
within the development provide a more desirable living environment
and enhanced recreational opportunities for residents of the district
and for the public generally.
(B)
Approval
Process.
(C)
Conditions.
The Plan Commission and City Council may impose such conditions
to the PD district regulations and Concept Plan (as applicable) as
are necessary to assure that the purpose of the PD district is implemented
and to safeguard the public health, safety, and welfare.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 24, adopted 8/20/19; Ordinance 7524 adopted 4/16/2024)
Items Specific to the Ordinance. The
ordinance establishing a PD district shall incorporate an approved
Concept Plan as part of the district regulations and shall set forth
the following:
(A)
The base
zoning district(s), together with the boundaries of the PD district;
(B)
A statement
as to the purpose and intent of the PD district;
(C)
The allowed,
conditional and accessory uses authorized in the PD district if any
such differ from the base zoning district(s);
(D)
The development
and design standards (such as landscaping, building materials, parking
restrictions or arrangements, etc.) applicable to development within
the district that differ from those in the base zoning district(s);
(E)
Provisions
stating that all zoning and development standards not expressly set
forth for the PD district in the adopting ordinance are the same as
the base zoning district(s), and that the provisions of this GDC,
unless expressly modified in the adopting PD ordinance, will be applicable
to all subsequent development applications for land within the PD
district;
(F)
Any special
use-related or operational standards (such as hours of operation,
access restrictions, etc.) applicable to development and use operations
within the district that differ from those in the base zoning district(s);
(G)
Anticipated
dedications of land or public improvements; and
(H)
Any additional
conditions established by the City Council.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 25, adopted 8/20/19; Ordinance 7107, sec. 14, adopted 12/3/19; Ordinance 7524 adopted 4/16/2024)
(A)
Minor
Deviations from Approved Planned Development (PD).
In
determining whether development applications are consistent with the
approved PD, minor deviations from the PD may be approved by the Planning
Director. Unless otherwise specified in the PD adopting ordinance,
the Planning Director has the discretion to determine whether deviations
from the PD are minor deviations, upon a determination that the deviations
meet the intent of the PD conditions, and meet or exceed the requirements
of the PD.
(B)
Major
Deviations from Approved Planned Development (PD).
All
other deviations from the approved PD that the Planning Director has
not determined to be minor, will be considered major and must be submitted
for approval as a change of zoning application to amend the PD district
to the Plan Commission and City Council.
(Ordinance 6773 adopted 5/19/15; Ordinance
7524 adopted 4/16/2024)
(A)
Planned
Development Ordinances Approved Prior to the Adoption of the GDC.
Prior to adoption of this GDC, the City Council previously established certain Planned Development districts which may have full or partially vested rights under the zoning and land use regulations in effect at the time of the original development permit application, unless the project is determined to be dormant (see Section 5.21 of this GDC). The PD ordinances or parts thereof approved prior to this GDC are depicted on the Zoning Map. Each prior PD ordinance is identified with a unique number with a PD prefix, and subsequent PD ordinances adopted after the effective date of this GDC shall be similarly and sequentially numbered for identification purposes.
(B)
Planned
Development Ordinances Approved After Adoption of the GDC.
All Planned Development zoning districts approved after adoption
of this GDC, as may be amended, are prefixed by a “PD”
designation and assigned a unique identification number and are referenced
on the Zoning Map.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 15, adopted 12/3/19)
