(a)
The “PD” (Planned Development) District is intended to
be used for the development of large or mixed use parcels of land
and for smaller parcels where dissimilar uses may require special
controls to avoid interference with existing or planned uses. Commercial
development may be allowed under temporary zoning controls (see article
14.13 of this chapter) with the approval of the city council; however,
the approval of a specific use permit must be based on and accompanied
by approval of a preliminary site plan as described in this article.
(b)
The “PD” district, through the site planning process,
gives the city council control over densities, placement and other
attributes of the proposed development and permits modification of
certain standard district controls, such as yards or unique commercial
uses, in order to produce large area development arranged to better
serve community needs, reduce demands on community facilities, and
create larger areas of open space than that generated under standard
district controls and ensure compatibility with surrounding uses.
Property may be classified under the “PD” Planned Development
District only in combination with another district or districts (which
shall be known as the base district) and shall be so designated by
the letter “PD” affixed to the code letters of the base
district or districts (e.g. “R-3 PD”). Such “PD”
designation does not permit development until a site plan has been
approved for the area proposed to be developed. Property may be planned
for any use permitted for the base district or for uses permitted
only with the “PD” designation.
(c)
The “PD” district may also be applied to Commercial,
Local Retail, Office, or Agricultural districts which have been permitted
and established under the temporary controls of a specific use permit
(see article 14.13 of this code). The purpose of this application
is to replace the temporary or interim use allowance with permanent
zoning.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
9.01; Ordinance 414-97 adopted 12/16/97; Ordinance 811-20, sec. 2(E), adopted 11/10/20)
The requirements established by article 14.06 shall apply to
individual areas within a “PD” district as established
by the underlying base district, except, however, that modifications
to those base district requirements may be otherwise established by
a properly approved “PD” site plan.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
9.02; Ordinance 414-97 adopted 12/16/97)
(a)
Persons desiring, or required, to obtain the “PD” designation
should always consult the city administrator prior to application.
Developers of large parcels (over fifty (50) acres) are encouraged
but not required to request a preliminary joint or separate meetings
with the city council and planning and zoning commission prior to
submission of the initial rezoning request.
(b)
The applicant for “PD” zoning must submit either a conceptual
“PD” site plan or a preliminary “PD” site
plan with the initial application. In each case, 15 copies of the
concept and/or site plan must be submitted to city staff. Note that
the “PD” site plan includes drawings and other supporting
documentation necessary to provide basis for approval. Large, complex,
or unique projects may require iterative development and submittal
of supporting information prior to approval.
(c)
If a conceptual “PD” site plan is submitted and the zoning
approved, no construction may occur until a preliminary “PD”
site plan is submitted and approved by the city council. All “PD”
site plan approvals require prior standard rezoning notices and hearings
and must be accomplished by ordinance which adopts the plan by reference.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
9.03; Ordinance 414-97 adopted 12/16/97)
Submittal of a conceptual “PD” site plan is strongly
recommended. Approval of a conceptual site plan does not constitute
approval of the “PD” site plan. The “PD” conceptual
site plan, as may be recommended by the commission and if approved
by the council shall become a part of the zoning change and subsequent
site plans shall conform thereto. Approval of a conceptual “PD”
site plan authorizes neither issuance of building permits nor development
construction. A conceptual “PD” site plan shall contain
at least the following:
(1)
A scaled drawing in which not less than one (1) inch equals one hundred
(100) feet, showing area and dimensioned boundaries of the property
and the metes and bounds location of the property within the overall
plan carrying the differing base district designations, [and] the
location and width of streets and highways adjacent to and on the
property. All proposed uses and their location on the drawing, shall
be shown either in detail or by reference to the base district combined
with the “PD” designation.
(2)
Elevation contours at intervals not exceeding ten (10) feet.
(3)
Existing improvements proposed to be retained when the property is
developed.
(4)
Density of dwelling units if intended for residential uses.
(5)
Drawings showing proposed road access points. Dimensions are not
required on these drawings.
(6)
Identifiable watercourses and defined floodplain boundaries.
(7)
Proposed maximum height of buildings.
(8)
All area or other requirements differing from that of the base district.
(9)
Location and dimensions of major thoroughfares and secondary collectors.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
9.04; Ordinance 414-97 adopted 12/16/97)
(a)
The “PD” application package shall include drawings, supporting documents, and proposed plans as may be necessary to provide basis for approval. A request for a “PD” site plan approval shall be processed in accordance with the same review and hearing procedure as a proposal for a zoning district change. The P&Z commission may recommend and the council may require such modification of a conceptual “PD” site plan or a “PD” site plan as will permit the project to exist harmoniously with existing and anticipated development of surrounding areas. Proposed plans, as required by section 14.10.007 herein, shall be used to establish zoning controls and use restrictions. The city council may determine that preliminary site plan approval is provided by temporary zoning controls documented through a specific use permit (see article 14.13 of this chapter). In this event, a schedule and plan for transition to permanent zoning shall be agreed to between the PD applicant and the city. Both parties shall thereby recognize that site plan revisions may be required prior to final approval. The city council may require separate approvals for:
(1)
A preliminary site plan which authorizes the applicant to begin development,
construction, or other modification to existing structures or land.
A schedule of events shall be incorporated within the approval of
a preliminary site plan to establish expiration of the approval if
action is not taken to implement planned development.
(2)
A final site plan, incorporating specific zoning controls and/or
use restrictions, and which shall include all information on the preliminary
site plan and needed modifications to reflect “as-built”
conditions.
(b)
The preliminary site plan, or final site plan shall comply with all
provisions of the Uniform Building Code (UBC). Issuance of a certificate
of occupancy, or a temporary certificate of occupancy, shall not be
construed as an approval of a violation of any provision of the UBC
or any ordinances. Certificates presuming to give authority to violate
or cancel any provision of the UBC or other ordinances shall not be
valid. Refer also to article 14.18 of this chapter.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
9.05; Ordinance 414-97 adopted 12/16/97)
All site plans approved hereunder may be amended pursuant to
the same procedure and subject to the same limitations and requirements
as any other site plan would require for original approval.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
9.06; Ordinance 414-97 adopted 12/16/97)
Every application for approval of a “PD” site plan
under the terms of a PD district shall contain sufficient information
delineating the characteristics of that site, changes in those characteristics
as may be proposed by the development including compliance with the
Willow Park tree preservation ordinance (article 14.08), how the development
will relate to public services and facilities, and what protection
features are included will relate to public services and facilities
[sic], and what protection features are included to ensure that the
development will be compatible with existing and allowable development
on adjacent property. The “PD” site plan includes drawings
and other supporting documentation necessary to provide basis for
approval. The “PD” site plan shall show and describe at
least the following items of information:
(1)
All information for a conceptual “PD” site plan detailed in section 14.10.004(1) and (3) through (9) including all proposed uses.
(2)
A scaled drawing in which not less than one (1) inch equals one hundred
(100) feet, showing the land area included within the site, all public
and private rights-of-way and easements bounding and intersecting
the site and the abutting sites which are proposed to be continued,
created, relocated and/or abandoned.
(3)
The proposed finished grade of the site, shown to the contour intervals
not to exceed two (2) feet.
(4)
Erosion control and abatement plans and information showing that
the development as proposed will not be adversely affected by erosion
and will not cause enhanced erosion to surrounding properties.
(5)
The location of each existing and each proposed structure on the
site, the general category of uses to be contained therein, the number
of stories and overall height, gross floor area, and the location
of entrances and exits to buildings.
(6)
The location of all on-site facilities for liquid and solid waste
storage or sanitary sewer improvements, as needed, or provision for
collection/disposal of wastes off-site.
(7)
The location and width of all curb cuts and driving lanes.
(8)
The dimensions and capacities of parking areas and loading areas,
and the character and location of illumination facilities for same.
(9)
Illumination plans and information to show that the proposed illumination
will not adversely affect adjacent uses by minimizing spill-over of
light or extension of glare in surrounding neighborhoods or areas
of the community and information showing that all reasonable modern
engineering methods have been used to ensure same.
(10)
A dust abatement and control plan and such information as may be
needed to show what type(s) of surface for parking areas and other
open areas is necessary to achieve a control of problems from dust
or particulate matter. Unless otherwise specifically agreed in the
site plan, all parking areas are to be covered with an all-weather
surface which will eliminate, so far as is practicable, dust and particulate
matter.
(11)
All pedestrian walks, malls and open areas for use by residents,
tenants or the public.
(12)
The location, type and height of all walls, fences and screen planting,
and landscaping.
(13)
A fencing and screening plan and information to show that the use
will be adequately fenced and screened from surrounding areas and
further information to show that such screening barriers will be useful
to achieve their desired purpose. Applicants may also present evidence
of waivers from adjacent land uses if such may be obtained. Generally,
a visual barrier, with a minimum height of six (6) feet, will be necessary
to screen surrounding uses from which no waiver has been obtained.
(14)
The location, size, height and orientation of all freestanding signs.
(15)
The types of surfacing, such as paving, turfing or gravel, to be
used at the various locations.
(16)
A drainage plan and information to show that the development will
not be adversely affected by the flooding action, including required
off-site drainage easements.
(17)
A health and sanitation plan and information to show that the proposed
development will not adversely affect public health or to create a
nuisance condition, generate pollution or otherwise endanger public
health and welfare. As a minimum, this plan shall provide for control
of rodents, insects, and other pests.
(18)
A traffic plan and information to show that the proposed use will
harmoniously integrate with and not adversely affect pre-development
or planned traffic flows or patterns.
(19)
Information showing that hours of operation will not adversely affect
the overall development scheme of the city or existing land uses adjacent
to the site.
(20)
Size and locations of water and sewer mains and fire hydrants.
(21)
Location of all easements for drainage, utilities, fire lanes and
street rights-of-way. All utilities shall be clearly identified as
to intended or actual placement underground or above ground.
(22)
Location of streetlights, sidewalks, storm sewer inlets, and manholes.
(23)
Such other information as the commission or council may require,
including, but not limited to, front building elevation sketches,
building exterior surface materials, etc.
(24)
A noise abatement plan to reasonably ensure that the permitted use
will not disturb adjacent uses.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
9.07; Ordinance 414-97 adopted 12/16/97)
(a)
If, during the review process it is necessary, in the reasonable judgment of the city administrator to have the city engineer or other professional consultant review these plans and, upon notice to the applicant, any additional charges or expenses, incurred by the city for such review by the city engineer or other professionals will be a pass-through charge to be reimbursed by the applicant to the city under Ordinance 330-92 [section 1.09.005] concerning pass-through charges.
(b)
On approval of the preliminary “PD” site plan, all necessary
permits or certificates authorized thereby may be issued. At the discretion
of the city council, whenever certain items specified by the preliminary
site plan [are] to be prepared or finished and these items are not
completed at the time of the approval of the final site plan, a temporary
certificate of occupancy may be granted. This temporary certificate
of occupancy is to be expressly conditional upon successful completion
of the preliminary site plan improvements within the time specified.
If, at the time such improvements are to be finished, such improvements
are not completed the temporary certificate of occupancy will be terminated.
The council can extend the temporary certificate of occupancy when
it finds that conditions preventing completion were not foreseeable
nor self-imposed by the developer.
(c)
After the project has been finished, violations of the approved (final)
site plan can place the certificate of occupancy in jeopardy. The
building official shall notify the user of any violations of the site
plan. Failure to correct these violations within thirty (30) days
of formal notification will result in the certificate of occupancy
being revoked.
(d)
Subsequent to the final approval of the site plan, minor changes
may be authorized by the city administrator after notice to the city
council when such minor changes shall not cause any of the following
circumstances to occur:
(1)
A change in the character of the development.
(2)
An increase in the ratio of the gross floor areas in structures to
the area of any lot.
(3)
An increase in the intensity of use.
(4)
A reduction in the originally approved separations between buildings.
(5)
An increase in the problems of circulation, safety, and utilities.
(6)
An increase in the external effects on adjacent property.
(7)
A reduction in the originally approved setbacks from property lines.
(8)
An increase in ground coverage by structures.
(9)
A reduction in the ratio of off-street parking and loading space
to gross floor area in structures.
(10)
An increase in building height.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
9.08)
(a)
Any violation of the provisions of the approved temporary or final
site plan shall constitute a violation of this code. Violations of
this code shall be subject to penalties and corrective measures to
the full extent permitted by state law.
(b)
The city administrator shall maintain, or cause to be maintained,
the “PD” site plan and associated documents. Use plans
and zoning controls which are unique to a specific “PD”
district shall constitute an amendment to this chapter and are applicable
to the uses in the “PD” district. Violations are subject
to the penalties established in article 14.22 of this chapter.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
9.09; Ordinance 414-97 adopted 12/16/97)
