The authority, purpose and intent for the adoption of the PD-36 (planned development zone thirty-six) zone are as follows:
A. 
Authority. The PD-36 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations, of the Brentwood Municipal Code.
B. 
Purpose. The purpose of the PD-36 zone is to permit and regulate the orderly development of the area as shown on the development plan and related exhibits in accordance with the Brentwood general plan for mixed-use business park, regional commercial, single-family residential, and open space and recreation uses. The PD-36 zone is divided into five subareas as shown in Section 17.486.008.
C. 
Intent. The PD-36 zone is intended to provide a distinguished mixed-use area in conformance with the adopted general plan. The boundaries of the PD-36 zoning district and its subareas are as shown on the map in Section 17.486.008.
(Ord. 857 § 2, 2008)
A. 
Permitted Uses for Subarea A.
1. 
Business, professional, financial, and medical offices;
2. 
Light industrial uses, including by way of example, but not limited to, computer software and biotechnology companies, medical supply companies, medical, dental, and optical laboratories, and warehouses (distribution and wholesale);
3. 
Research and development facilities;
4. 
Light manufacturing uses, such as small assembly and printing shops, which generate minimal noise, odor, smoke, waste material, and other similar impacts;
5. 
Uses that manufacture their primary product on the premises, such as a drapery shop, cabinet shop, or upholstery shop, including ancillary retail sale of these products;
6. 
General retail sales less than seventy-five thousand square feet in gross floor area, including food service, that do not exceed ten percent of the respective building area;
7. 
Financial institutions;
8. 
Commercial services, including by way of example, but not limited to, barber and beauty shops, laundry and dry cleaning facilities, copying and printing facilities, electronic repair facilities, small equipment rental and repair, technology access and telecommuting centers, messenger and stenographic services, and travel agencies;
9. 
Other similar uses as determined by the community development director.
B. 
Conditionally Permitted Uses for Subarea A.
1. 
Public and quasi-public uses such as hospitals, convalescent hospitals, and business and technical schools;
2. 
Health clubs;
3. 
Bars and lounges;
4. 
Industrial uses that would have a moderate to high impact on surrounding uses, including by way of example, but not limited to, metal fabrication, machine shops, and welding shops;
5. 
Conference facilities, meeting halls, and similar uses;
6. 
Outdoor storage yards or outdoor industrial yards;
7. 
Restaurants, excluding drive-throughs, subject to a parking analysis indicating current development and the availability of parking;
8. 
Manufacture of food products, pharmaceuticals, and similar products, excluding the production of fish or meat products, or similar products that create excessive sewage or odor problems, provided all manufacturing activities are performed completely within an enclosed building;
9. 
On-or off-site alcohol sales;
10. 
Retail uses equal to or greater than seventy-five thousand square feet in gross floor area;
11. 
Other uses that the community development director determines because of the type of operation, material stored or sold, or other special circumstances that require special consideration and conditioning through the conditional use permit process.
C. 
General Development Standards for Subarea A.
1. 
Minimum lot area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand square feet;
2. 
Minimum lot width: One hundred feet;
3. 
Minimum lot depth: One hundred feet;
4. 
All development shall comply with Chapter 17.200 of this title;
5. 
All development shall comply with the adopted city of Brentwood design guidelines;
6. 
All lighting shall incorporate cut-off designs, and shall be included in details submitted with formal development plans;
7. 
Formal development plans shall include, as part of any application and to the satisfaction of the community development director, a photomontage of existing and proposed conditions;
8. 
Appropriate city entry signage shall be designed and submitted in conjunction with formal development plans to the satisfaction of the community development director;
9. 
Maximum building height: Four stories, not to exceed sixty feet;
10. 
Building setbacks:
a. 
Sand Creek Road: Thirty feet from right-of-way,
b. 
Brentwood/Antioch city limit line: Fifty feet,
c. 
Sand Creek: Sixty feet from top of bank,
d. 
State Route 4 Bypass: Fifty feet,
e. 
Public street frontage: Thirty feet,
f. 
Interior property lines: Ten feet and clear of any utility easements;
11. 
All pavement, hardscape, or any other impervious surfaces shall be set back a minimum of sixty feet from the top of the creek bank;
12. 
These development standards shall promote, and not limit or restrict, future restoration and/or enhancement efforts of Sand Creek, in accordance with the city's general plan, the municipal code, the master plan for trails, parks, and recreation, and the Brentwood Creek trails and revegetation master plan.
(Ord. 857 § 2, 2008; Ord. 899 § 3, 2012)
A. 
Permitted Uses for Subarea B.
1. 
Large-scale regional retail sales uses less than seventy-five thousand square feet in gross floor area, including by way of example, but not limited to, big-box stores, factory outlets, discount and similar retail uses requiring or best suited for operation within a warehouse-type facility; large department stores; large-scale general merchandise, sporting goods, home furnishings, home improvement and building materials (with or without lumber sales), home appliances, nursery, garden supply, hardware, electronics, office supply, and off-sale liquor sales stores; large-scale book, video, music, and toy stores; large-scale pet and pet supply stores, including on-site veterinary clinics (excluding kennels); and large-scale automobile, motorcycle, recreational vehicle, and boat parts and accessory stores;
2. 
Temporary outdoor display and/or sale of merchandise on sidewalks that front buildings, subject to Chapter 17.850 of this title. Sales and display areas are to cover no more than fifty percent of the sidewalk area in front of a user's building or unit, and are to be maintained in an attractive, neat, and clean appearance;
3. 
General retail sales less than seventy-five thousand square feet in gross floor area, including by way of example, but not limited to, junior department stores; supermarkets; drugstores; general merchandise, sporting goods, home furnishings, home improvement, home appliance, nursery, garden supply, hardware, electronics, office supply and off-sale liquor sales stores; book, video, music, and toy stores; pet and pet supply stores, including on-site veterinary clinics (excluding kennels); and automobile, motorcycle, recreational vehicle, and boat parts and accessory stores;
4. 
Specialty merchandise and convenience sales, including by way of example, but not limited to, specialty foods, delicatessen, bakery, pastry, candy, ice cream, butcher, meat market, wine, tobacco, apparel and accessory, jewelry, cosmetics, gift, stationery, shoe, kitchenware, hobby and specialty interest stores;
5. 
Video arcades; bowling alleys; and skating rinks;
6. 
Commercial services, including by way of example, but not limited to, barber and beauty shops; electronic, appliance, watch and clock repair; small equipment rental and repair; technology and telecommuting centers; addressing and mailing service; blueprinting, photostatting, and desktop publishing service; drafting, messenger, answering, and stenographic service; telegraph office; private postal box service; and travel agency;
7. 
Financial institutions;
8. 
Business, professional, financial, and medical offices, including by way of example, but not limited to, large-scale single and/or multi-tenant office uses;
9. 
Studios and instructional facilities, such as dance studios, music studios, or similar establishments;
10. 
Health clubs, subject to a plan indicating current development and the availability of parking, to the satisfaction of the community development director;
11. 
Restaurants, excluding drive-throughs;
12. 
Other similar uses as determined by the community development director.
B. 
Conditionally Permitted Uses for Subarea B.
1. 
Liquor stores, bars, lounges, and drive-through restaurants;
2. 
New or used car, boat, or recreational vehicle sales;
3. 
Hotels and motels;
4. 
Conference facilities, meeting halls, and similar uses;
5. 
Veterinary facilities, including kennels;
6. 
Retail uses equal to or greater than seventy-five thousand square feet in gross floor area;
7. 
Other uses that the community development director determines because of the type of operation, material stored or sold, or other special circumstances that require special consideration and conditioning through the conditional use permit processed by the community development director.
C. 
General Development Standards for Subarea B.
1. 
Minimum lot area: One acre, except that a master planned development may be subdivided into parcels having a minimum lot area of ten thousand square feet;
2. 
Minimum lot width: One hundred feet;
3. 
Minimum lot depth: One hundred feet;
4. 
All development shall comply with Chapter 17.200 of the Municipal Code;
5. 
All development shall comply with the adopted city of Brentwood design guidelines;
6. 
All lighting shall incorporate cut-off designs, and shall be included in details submitted with formal development plans;
7. 
Formal development plans shall include, as part of any application and to the satisfaction of the community development director, a photomontage of existing and proposed conditions;
8. 
Maximum building height: Three stories, not to exceed forty-five feet;
9. 
Building setbacks:
a. 
Sand Creek Road: Thirty feet from right-of-way,
b. 
State Route 4 Bypass: Fifty feet from right-of-way,
c. 
Sand Creek: Sixty feet from top of bank,
d. 
Public street frontage: Thirty feet,
e. 
Interior property lines: Ten feet and clear of any utility easements;
10. 
All pavement, hardscape, or any other impervious surfaces shall be set back a minimum of sixty feet from the top of the creek bank;
11. 
These development standards shall promote, and not limit or restrict, future restoration and/or enhancement efforts of Sand Creek, in accordance with the city's general plan, the municipal code, the master plan for trails, parks, and recreation, and the Brentwood Creek trails and revegetation master plan.
(Ord. 857 § 2, 2008; Ord. 899 § 3, 2012)
A. 
Permitted Uses for Subarea C.
1. 
Those uses permitted under the R-1 zone, Section 17.130.002.
B. 
Conditionally Permitted Uses for Subarea C.
1. 
Those uses permitted under the R-1 zone, Section 17.130.003.
C. 
General Development Standards for Subarea C.
1. 
Minimum lot size: Five thousand square feet;
2. 
Minimum lot width: Fifty feet;
3. 
Minimum lot frontage: Thirty-five feet at the front property line for lots on culs-de-sac, knuckles, or curvilinear streets;
4. 
Minimum front yard setback: Twenty feet for front-facing garages; fifteen feet for building walls and porches;
5. 
Minimum side yard setback: Five feet, with the sum of both sides twelve feet; corner lots shall maintain a minimum setback of ten feet on the street side yard;
6. 
Minimum rear yard setback: Fifteen feet, with an average of twenty feet;
7. 
Maximum building height: Two stories, not to exceed thirty feet;
8. 
Corner lot fence setback: Five feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of this title;
9. 
Lots adjacent to open space shall utilize a six-foot high open space fence along the common property line(s), as approved through VTSM 8506;
10. 
Accessory structures shall be prohibited in side or rear yards for areas exceeding a 3:1 slope;
11. 
Maximum lot coverage: Forty percent for two-story homes and forty-five percent for single-story homes;
12. 
Maximum number of primary dwelling units: One hundred twenty-four.
(Ord. 857 § 2, 2008)
A. 
Permitted Uses for Subarea D.
1. 
Those uses permitted under the R-l zone, Section 17.130.002.
B. 
Conditionally Permitted Uses for Subarea D.
1. 
Those uses permitted under the R-l zone, Section 17.130.003.
C. 
General Development Standards for Subarea D.
1. 
Minimum lot size: Ten thousand square feet;
2. 
Minimum lot width: Ninety feet;
3. 
Minimum lot frontage: Forty-five feet at the front property line for lots on culs-de-sac, knuckles, or curvilinear streets;
4. 
Minimum front yard setback: Twenty feet for front-facing garages; fifteen feet for building walls and porches;
5. 
Minimum side yard setback: Five feet, with the sum of both sides fifteen feet; corner lots shall maintain a minimum setback of ten feet on the street side yard.
6. 
Minimum rear yard setback: Fifteen feet, with an average of twenty feet.
7. 
Maximum building height: Two stories, not to exceed thirty feet; except that the ten lots referenced on the approved residential site plan with Model 11 shall not exceed thirty-three and one-half feet;
8. 
Corner lot fence setback: five feet from the street side property line; all other fence regulations shall adhere to the requirements of Chapter 17.660 of this title;
9. 
Lots adjacent to open space shall utilize a six-foot-high open space fence along the common property line(s), as approved through VTSM 8506;
10. 
Accessory structures shall be prohibited in side or rear yards for areas exceeding a 3:1 slope;
11. 
Maximum lot coverage: Forty percent for two-story homes and forty-five percent for single-story homes;
12. 
Maximum number of primary dwelling units: Forty-two.
(Ord. 857 § 2, 2008)
A. 
Permitted Uses in Subarea E.
1. 
Active and passive public recreational areas including any structures incidental to such use;
2. 
Public or quasi-public rights-of-way for utility, irrigation, drainage, or similar areas utilized for or having the potential to be utilized for linear trails, bicycle, pedestrian or horse trails and similar uses;
3. 
Open space as a reserve for fire protection, seismic safety, water conservation, protection of view, or similar appropriate purposes;
4. 
Parks, playgrounds, and recreational trails;
5. 
Conservation easements for wetland and habitat preservation and mitigation related to development of SPA E.
B. 
Conditionally Permitted Uses in Subarea E.
1. 
An addition to an existing structure which will increase the coverage of the structure by five hundred square feet, or any new structure in excess of five hundred square feet, except minor recreational structures such as playground equipment, trellises, and similar uses;
2. 
Any commercial use which may be conducted on open space land without substantially detracting from its value as open space such as golf courses, riding academies or stables, tennis or swim clubs, and similar recreational-related uses of a predominantly open nature.
C. 
General Development Standards in Subarea E.
1. 
All uses are subject to the design and site development review procedures established in Chapter 17.820. The setback, building height, parking, and other design and performance criteria shall be established at the time of the proposed development and in accordance with any development standards established by resolution for the type of use proposed.
(Ord. 857 § 2, 2008)
A. 
Off-street parking, unless otherwise specifically addressed in this chapter, shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H).
B. 
The parking and storage of boats, trailers, and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016.
C. 
Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.
D. 
All signage for subareas A and B shall be in accordance with an approved master sign program.
E. 
The development of the PD-36 zone shall be substantially in accordance with the various approved plans for each subarea.
(Ord. 857 § 2, 2008)
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(Ord. 960 § 16, 2015)