The specific purposes of this chapter are to:
A. 
Establish a procedure for the development of larger parcels of land in order to reduce or eliminate the rigidity, delays, and inequities that otherwise would result from application of zoning standards and procedures designed primarily for small parcels.
B. 
Ensure orderly and thorough planning and review procedures that will result in high-quality urban design.
C. 
Encourage variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenity.
D. 
Provide a mechanism for considering mixes of uses that can be made compatible by application of careful and imaginative treatment of interrelationships of activity.
E. 
Encourage allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those who will directly benefit from it.
F. 
Encourage the preservation of serviceable existing structures of historic value or artistic merit by providing the opportunity to use them imaginatively for purposes other than that for which they were originally intended.
G. 
Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
In all base districts where a Planned Development is a conditionally permitted use, the City may process an application for such Planned Development consistent with the requirements set forth herein.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A zoning amendment to rezone property to a Planned Development Overlay District may be initiated by a property owner or authorized agent, or by resolution of the Planning Commission or the City Council. If initiated by a property owner and the property is not under a single ownership, all owners shall join in the application, and a map showing the extent of ownerships shall be submitted. In addition to the plans and materials required by Chapter 5.16 Amendments to accompany an application for a zoning map amendment, an application for rezoning to a Planned Development Overlay District shall include a "Planned Development Concept Plan," which includes the following materials:
A. 
A conceptual site plan and a vicinity map showing the relationship of the site to the surrounding area.
B. 
Preliminary calculations in tabular form showing compliance with applicable density, coverage, floor area, parking, and open-space regulations.
C. 
Conceptual elevations of proposed structures and signs, with exterior materials and wall openings indicated.
D. 
Photos of the site and of existing development in the immediate vicinity.
The Zoning Enforcement Official also may require any of the following items, based on the type, location, and potential impacts of proposed development:
A.
A map showing proposed district boundaries and the relationship of the district to uses and structures directly affected by the proposed Planned Development Overlay District. Evidence establishing that the land proposed for rezone to Planned Development Overlay District is owned by one individual or that the application is filed jointly by all property owners owning property in the proposed district or that the application is filed by an agency of the City.
B.
A map or aerial photo of the proposed district and 100 feet beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; the type, location, and condition of mature trees and other natural vegetation; and the location of existing development.
C.
The proposed pattern of land use, with acreage and residential density computations.
D.
The proposed street and lot pattern.
E.
Scale models or perspective renderings of proposed development.
F.
Such other information as is reasonably necessary to describe the Planned Development and its effects on other property or the community.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
The Planning Commission shall consider an application for rezone to a Planned Development Overlay District as prescribed in Chapter 5.16 Amendments.
B. 
The Planning Commission may recommend approval of the rezone to a Planned Development Overlay District upon finding that the Planned Development Concept Plan is consistent with the adopted Land Use Element of the General Plan and other applicable policies of the General Plan and is compatible with surrounding development.
C. 
After approval by the Planning Commission or on appeal from a Planning Commission denial, the City Council shall hold a hearing as provided by Section 5.16.112 Public Hearing Scope and Notice on any application to rezone a property to Planned Development Overlay District. Following the hearing, the City Council may approve a Planned Development Overlay District for the area described in the application if the City Council makes the findings required by Subsection B above.
D. 
The City Council shall adopt each Planned Development Overlay District by ordinance pursuant to Chapter 5.16 Amendments.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A Planned Development Overlay District shall be noted by the designation "PD." This reference will follow the designation of the base district the Planned Development Overlay District modifies.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
In an area that has been zoned to include a Planned Development Overlay District, a Planned Development project, as a form of conditional use permit, may be approved by the City Council, after recommendation by or appeal from the Planning Commission, and in accordance with the following regulations:
A. 
Minimum Area. The minimum net area of a Planned Development shall be 10,000 square feet for any project. The calculation of areas necessary to qualify for Planned Development consideration shall not include the area in any street or way or public open space existing at the time of application.
B. 
Residential Unit Density. The number of dwelling units in a Planned Development Project shall be established at the time the Planned Development Project is approved. The minimum residential density in any South Area district, for a stand-alone residential development or a mixed-use development, shall be 18 units per acre. Exceptions to the minimum density requirement shall be considered as part of the Planned Development application, but shall be supported with a preliminary pro forma or other statement from the applicant/developer that indicates reasons for reduced density.
C. 
Performance Standards. The performance standards prescribed by Section 4.04.340 Performance Standards shall apply.
D. 
Additional Development Regulations Condition. Additional development conditions may be as established in the Planned Development Project approval. For Planned Developments proposed in any South Area Zoning District, additional development conditions may result to achieve consistency with the Design Guidelines that are contained in the East 14th Street South Area Development Strategy.
(Ord. 2001-015 § 1; Ord. 2004-007 § 4; Ord. 2020-002 § 4)
Every application for Planned Development Project must be accompanied by a proposed time schedule for the development. The Planned Development Project plan shall consist of a site plan of the proposed development drawn accurately to scale and correctly showing the following, as appropriate:
A. 
The boundary of the area included within the Planned Development Project;
B. 
Existing and proposed property lines and boundaries within the Planned Development Project;
C. 
Property lines of adjacent properties and the location and height of each building thereon;
D. 
Use, location, and height of all proposed structures and signs and existing structures to remain;
E. 
The width of the existing and proposed right-of-way for each adjacent street, including sidewalks;
F. 
Vehicular and pedestrian circulation systems;
G. 
Proposed grading, if site is not essentially level;
H. 
Utility plans indicating provision of services to the development including provision of underground electrical service;
I. 
Location and height of screen walls or fences;
J. 
Designation of areas to be reserved or dedicated for public purposes including but not limited to streets;
K. 
Provisions for conserving non-renewable energy resources, including but not limited to the use of solar energy;
L. 
A precise site plan accurately drawn to scale showing:
1. 
The surveyed boundary, complete with bearings, distances, and description of corner monuments shall be shown.
2. 
Plant materials and initial planting size shall be identified. Irrigation systems shall be shown.
M. 
Provisions for parking, loading, and access shall be shown in detail. Parking stalls shall be numbered and typical stalls and aisle widths shall be dimensioned;
N. 
Area and building lighting shall be identified as to its color, intensity and visibility from adjacent public streets and residential areas;
O. 
Facilities for refuse storage and pick-up, air compressors, incinerators, or other equipment constituting a potential nuisance or undesirable view from adjacent properties or streets shall be identified, and adequate provisions to minimize their undesirable aspects shall be set forth;
P. 
Detailed elevations of all signs to be erected shall be submitted for approval. Such plans shall accurately show the location of such signs in the development. Signs to be mounted flush with the wall of a building shall be shown on any elevation or rendering of such building;
Q. 
A time schedule indicating the date by which construction of the project will begin, and the completion date. This schedule, as approved, shall become a part of the Planned Development Project approval; and
R. 
Major elevations or perspective renderings of all buildings in the Planned Development Project shall be submitted. Notwithstanding any other provisions herein, such elevations or renderings must include all buildings to be built in the planned unit to enable the reviewing body to determine whether the entire development will have architectural unity and be in harmony with surrounding development.
(Ord. 2001-015 § 1; Ord. 2004-007 § 4; Ord. 2020-002 § 4)
A. 
Upon receipt of an application for a Planned Development Project as a conditional use, the application shall be set for public hearing before the Planning Commission. The public hearing on any Planned Development Project submitted with a petition to reclassify property to the Planned Development Project District shall be held before the Planning Commission on the same date and in conjunction with the hearing on said reclassification.
B. 
Notice of the public hearing shall be as specified in Section 5.08.116 Notice and Public Hearing.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
Planned Development Plan—Action by Planning Commission. Within 30 days after close of the public hearing on a Planned Development Project, the Planning Commission shall take action on the Planned Development Project unless such time limit is extended by agreement of the parties having an interest in the proceedings. Failure to take action within the time limit or any agreed extension thereof shall constitute a denial of the Planned Development Project. The Planning Commission may approve, conditionally approve, or disapprove any Planned Development Project. To recommend approval of a Planned Development Project, the Planning Commission must first make the findings provided in Subsection A of Section 5.08.124 Required Findings. The Commission must also find:
1. 
The Planned Development Project Plan will provide superior urban design in comparison with the development under the base district zoning regulations;
2. 
The Planned Development project includes adequate provisions for utilities, services, and emergency vehicle access; and that public service demands will not exceed the capacity of existing and planned systems.
B. 
Planned Development Project—Disapproval of Application. If the action of the Planning Commission is to disapprove an application for a Planned Development Project as a conditional use, its action shall be final unless appealed.
C. 
Planned Development Project—Report to City Council. If the action of the Planning Commission is to approve, or if an appeal of a disapproval is filed, the Commission shall report its findings and recommendations to the City Council.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
Upon receipt of such report or notice of appeal, the City Council shall set the matter for public hearing. Notice of time, place and purpose of such hearing shall be given in the same manner as provided in Section 5.08.116 Notice and Public Hearing. After conclusion of the public hearing, the Council may approve, conditionally approve, or deny the application for the Planned Development Project as a conditional use. Failure of the Council to act within 30 days after the conclusion of any such public hearing shall constitute disapproval of the application and shall terminate the proceedings thereon. No approval of a Planned Development Project as a conditional use may be made by the Council unless and until the substance thereof has first been referred to and reported upon by the Planning Commission. Prior to approving a Planned Development Project, the City Council must make the findings provided in Subsection A of Section 5.08.124 Required Findings. The City Council must also find:
A. 
The Planned Development Project Plan will provide superior urban design in comparison with the development under the base district zoning regulations;
B. 
The Planned Development Project includes adequate provisions for utilities, services, and emergency vehicle access; and that public service demands will not exceed the capacity of existing and planned systems.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
The Planned Development Project as authorized shall be subject to all conditions so imposed and shall be excepted from other provisions of the Zoning Code to the extent specified in the authorization.
Property in any DA Zoning District that has a PD Overlay shall be governed by the design and uses provided in the conditions of the approved PD. Any changes proposed to the property shall be subject to the uses and zoning standards of the underlying DA zone subject to the review, discretion and approval of the Community Development Director. The Director shall review additions or changes to the property relative to the design context and planning issues of the adjacent properties and to the intent of the DA zone, to the TOD strategy, and to the General Plan.
(Ord. 2001-015 § 1; Ord. 2011-003 § 1; Ord. 2020-002 § 4)
A. 
A Planned Development Project approval shall expire one year after the approval date unless a building permit has been issued and construction diligently pursued, or unless the Planned Development Project specifies an alternative development or phasing schedule. If a Planned Development Project approval expires, the Planning Commission shall initiate a zoning map amendment, as provided by Chapter 5.16 Amendments, to re-establish the prior district designation or such other district designation as it may deem appropriate.
B. 
The Planning Commission may renew a Planned Development Project approval for up to two years if it finds the renewal consistent with the purposes of this chapter and that no substantive change has occurred in conditions or circumstances pertinent to the Planned Development or its approval. The Planning Commission may attach additional conditions or require compliance with additional or new development requirements or fees, either in effect at the time of renewal or necessary to make the findings required by Section 3.04.132 Planned Development Project— Planning Commission Review to achieve the purposes of the district and comply with the General Plan. Application for renewal shall be made in writing to the Zoning Enforcement Official not less than 30 days or more than 120 days prior to expiration of the Planned Development approval. Denial of a request for renewal of a Planned Development Project approval may be appealed, as prescribed in Chapter 5.20 Appeals.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
A request for any change in conditions of approval, residential unit density, or other land use and property development regulations set forth in a Planned Development Project approval shall be treated as a new application for a Planned Development Project approval, subject to the submittal requirements of Section 3.04.124 Planned Development Project Application.
B. 
If the Zoning Enforcement Official determines that the requested changes are minor and do not include substantial alterations to the Planned Development Project approval or conditions of approval and are consistent with the intent of the original Planned Development approval, the Zoning Enforcement Official may approve the changes or may refer the proposed changes to the Planning Commission. The Planning Commission may either approve or conditionally approve the requested changes or determine that the proposed changes shall be treated as a new application for a Planned Development Project approval. Decisions of the Planning Commission may be appealed in accord with Chapter 5.20 Appeals.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)