The council may approve, from time to time, the development
and use of land pursuant to a planned development process, by approving
the superimposing (“overlay”) of conditions or standards
on certain of the zoning districts. No such development and use, however,
shall be approved except in accordance with a development plan adopted
by the city pursuant to the procedures established in this division.
For a development to be eligible for submission to the planned development
process, the following criteria must exist:
(1)
The minimum area requirements, as herein provided, must be met.
(2)
The intended development shall not exceed the density or intensity
of use permitted in the underlying base district.
(3)
The planned development shall be of such design that the resulting
development will achieve the purposes of zoning in a manner superior
to the conventional development of the same property under base district
regulations.
(4)
The development shall efficiently utilize the available land and
shall protect and preserve all scenic assets and natural features,
such as trees and topographic features, to the greatest extent possible
consistent with reasonable development of the land.
(5)
The planned development shall be located in an area where transportation,
public safety, public facilities and utilities are or will be available
and adequate for the proposed uses of the development.
(2005 Code, sec. 17.7.01)
(a)
Application.
Application for submission of land to the planned development process shall be made in the same manner as any other application for a change in zoning classification. The application may seek a PD designation on land without a change in the base district classification; or, the application may seek a PD designation on land concurrently with a change in the base district classification. The application shall be made to the zoning administrator and shall be accompanied by the fees prescribed therefor in the fee schedule in appendix A of this code.
(b)
Approval procedure.
A PD application shall be processed
in the following sequence:
(1)
The applicant shall submit the application with the concept plan.
(2)
The zoning administrator and other relevant city staff persons shall
review the application and the concept plan, may conduct a pre-hearing
conference thereon (one or more, as the zoning administrator may require)
with the applicant, and may require data from the applicant supplementing
the concept plan.
(3)
The zoning administrator shall prepare a staff report to the commission
on the application bearing on conformance of the plan and the proposed
development with the standards, spirit and intent of this article.
(4)
The commission shall conduct a public hearing on the application
in the same manner as any other request for zoning change, and shall
make its recommendation to the council as required by law.
(5)
After receiving a report of the commission’s recommendation
on the application, the city council shall hold a public hearing to
consider the approval of the plan.
(6)
If the application is approved, the zoning map shall be amended so
that the base district designation of the property shall bear a suffix
of PD or PD-R, as the case may be.
(7)
The applicant shall submit a final development plan and obtain council
approval thereof as a prerequisite to any development of the property.
(c)
Concept plan.
The concept plan shall include a site
plan drawing, prepared to a scale of not less than one inch equaling
one hundred feet (1:100), depicting at least the following:
(1)
The dimensioned boundaries of the property, the location and widths
of streets and highways adjacent to and on the property, and any other
easements thereon or adjacent thereto;
(2)
The topography of the property showing elevations at 5-foot intervals;
(3)
The general location and description of existing utility services,
including size of water and sewer mains;
(4)
Existing improvements proposed to be retained when the property is
developed;
(5)
Undimensioned location and approximate size of proposed buildings;
(6)
Undimensioned proposed locations of parking and points of access;
(7)
All proposed uses and their approximate locations on the site;
(8)
Identifiable watercourses and low areas;
(9)
Proposed maximum height of buildings;
(10)
Proposed landscaped areas;
(11)
Height and elevation of all buildings.
(d)
Final plan.
The final plan for PD development shall
comply with the following standards:
(1)
The final plan shall clearly indicate all significant features of
the proposed development, on an accurate scaled drawing, to include:
(A)
A location map showing the location of the site in reference to existing
streets.
(B)
The boundaries of the area included in the plan, surveyed by a competent
licensed surveyor, showing the total gross acreage of the plan.
(C)
All recorded or physically existing public and private rights-of-way
and easement lines located on or adjacent to the plan area.
(D)
The approximate topography of the plan area, major watercourses and
100-year floodplains.
(E)
The proposed land uses and the approximate location of proposed buildings
and other structures on the plan area site and structures and existing
uses adjacent to the site.
(F)
The character and approximate density of all proposed uses in the
plan area. For dwelling units, a table showing type by size, number
of bedrooms, number of each type; and, floor plans for each type unit.
(G)
The approximate location and dimensions of all parking areas, malls,
water bodies, open areas and recreational areas.
(H)
All proposed streets, alleys, ways, including walkways, dedicated
to public use, and the location and size of all utilities.
(I)
The maximum percentage of site coverage.
(J)
All areas reserved for common ownership with an indication of the
properties.
(K)
The location and type of walls, fences, screen planting and landscaping.
(L)
A plan, including elevation drawings, showing location, size, height,
orientation and design of all signs.
(M)
In multifamily and commercial sections of the plan, the location
of each outside facility for solid waste disposal.
(N)
Development schedule, indicating the following:
(i)
The estimated date when development construction in the plan
area shall commence;
(ii)
The stages, if any, in which the plan area will be developed
and the estimated date development of each stage will commence;
(iii)
The estimated date of completion of each stage in the development;
(iv)
The area and location of common open space that will be developed
at each stage; and
(v)
The area and location of nonresidential uses that will be developed
at each stage.
(2)
The city council may, at the request of the applicant, limit the
proposed PD uses to less than all of the uses otherwise permitted
by the base district regulations. Such limitation of uses shall be
recited in the approved plan and placed of record as herein provided.
(3)
A preliminary drainage study, as outlined in article 10.02 of this code and/or a preliminary plat shall be submitted concurrently with any final plan.
(4)
The final plan shall clearly indicate that the proposed development
will be in complete accordance with the provisions of the applicable
plan approval district zoning.
(5)
Upon receipt of a mylar reproducible of the approved final plan reflecting
all stipulations approved by the city council, the zoning administrator
shall record a copy thereof.
(6)
All final plans recorded hereunder shall be binding upon the applicant
thereof, his successors and assigns, and shall limit and control the
issuance of all building permits within the plan area.
(e)
Development implementation.
(1)
Except as provided in subsection (2) below, no building permit or certificate of occupancy shall issue for any building or use within a PD or PD-R district unless: the final plan therefor shall have been approved; and, the proposed building or use complies with such final plan.
(2)
When property carries a PD designation but a final plan has not been
approved therefor, it may be developed without plan approval only
in accordance with the base district regulations. Any such development
shall constitute an abandonment of the concept plan and the PD suffix
shall be removed from the zoning map designation for such property.
(3)
When the base district zoning classification of a property is changed as part of or concurrently with approval of a PD overlay under this division and the plan thereafter expires pursuant to subsection (g) of this section because either: the final plan is never approved; or, the final plan is never implemented, the base district zoning classification of the property shall revert to its zoning classification existent prior to the approval of the PD overlay. Until such time as the plan is implemented, the rezoned property shall be designated on the zoning map as “(base district)-PD-C (conditional)”.
(f)
Plan amendments.
(1)
No material change shall be made to an approved final plan unless the same shall have first been approved as described in subsection (3) below.
(2)
A change in an approved final plan may be initiated by the zoning
administrator if the same is not a material change. A change is not
a material change if it will not result in any of the following:
(A)
A change in the character of the development;
(B)
An increase in the ratio of the gross floor areas in structures to
the area of any lot;
(C)
An increase in the intensity of use;
(D)
A reduction in the approved separations between buildings;
(E)
An increase in the problems of circulation, safety, and utilities;
(F)
An increase in the external effects of the development on adjacent
property;
(G)
A reduction in the approved setbacks from property lines;
(H)
An increase in lot coverage by structures;
(I)
A reduction in the ratio of off-street parking and loading space
to gross floor area in structures;
(J)
A change in the subject, size, lighting, or orientation of approved
signs; or
(K)
A change in the location or character of approved landscape features.
(3)
Proposal of a plan amendment shall be made to the zoning administrator by the applicant on mylar of the approved plan. Upon receipt of such a proposed plan revision, copies of the proposed revised plan shall be submitted to the council for its review and determination as to whether the proposed revision constitutes such a significant change in land use or structures that a public hearing should be called regarding said revision. If, in the council’s determination, the proposed revised plan does not constitute a significant change, no public hearing shall be called and the revision shall be deemed approved. If such revision is determined by the council to be a significant change, a public hearing shall be scheduled regarding such revision, proper notice shall be given, and thereafter the proposed revision shall be considered by the council for approval or denial; provided, however, the council in its sole discretion may direct any development plan revision to the commission for its review and recommendation and, in such event, said revision shall follow the procedures set out in division 13 of this article herein regarding amendments. No proposed revision shall be effective until the same is approved by the council.
(g)
Plan expiration.
If development of property pursuant
to a final plan has not commenced within two (2) years of the date
of a plan approval, the plan shall be deemed to have expired, and
a review and reapproval of the plan by the council shall be required
before any building permit may be issued for development pursuant
to the plan. Any review and reapproval shall be made in the context
of conditions existing, as to the property, at the time of such review.
(2005 Code, sec. 17.7.02)
(a)
Use regulations.
A building or premises in this zoning
district shall be used only for the purposes permitted in the base
district or districts or which the PD designation has been overlaid
by an approved final plan. When made a part of the PD application
and after notice and hearing as provided for the “PD”
process, the city council may approve a use which would otherwise
be a special exception in the base district as if it were a permitted
use as a matter of right and without the necessity of a separate special
exception application and proceeding.
(b)
Height regulations.
The maximum height requirement for
permissible uses in this district shall conform to the maximum height
requirements which would be applicable to such uses if the same were
situated in the most restrictive base district in which such uses
are permitted.
(d)
Density and coverage regulations.
(1)
Density of development and maximum site coverage shall be established
on the approved final plan with due regard to site and general area
characteristics including land use, zoning, topography, thoroughfares
and open space opportunity. In no case, however, shall maximum density
and site coverage exceed the maximum percentages prescribed therefor
in the applicable base district regulations.
(2)
When common open space is provided for recreational purposes, the developer may propose that the percentage of the gross site area in common open space be added to the maximum site coverage percentages referred to in subsection (1) above. In no case, however, shall the additional percentage points added to the maximum site coverage regulations total more than the total percentage of the site in common open space. Such proposal shall be evaluated as part of the plan.
(e)
Open space regulations.
Provisions for public, private
and common open space shall be evaluated with due regard to density,
site coverage, and physical characteristics of the site and, if deemed
necessary, required as part of the plan. When common open space, common
recreational areas or common area containing some other amenity to
the development are approved as a part of a final plan, such areas
shall be retained and owned by the owner or owners of the residential
units contained within the development or an owners’ association
of which they are members, and shall be perpetually maintained by
the owner or owners or the association as a part of the development
for the use and benefit of the residents of the development.
(f)
Setback regulations.
Minimum setbacks shall be approved
as a part of the development plan; provided however, that the minimum
setbacks on the boundaries of a PD district shall not be less than
the requirements of the least intensive zoning district in which the
use is permitted.
(g)
Off-street parking regulations.
(h)
“PD-R” planned development-redevelopment district.
(1)
Development regulations.
The regulations of this district as to use, height, density, coverage, open space, setback and parking, shall be the same as provided in section 14.02.273 hereof.
(2)
Area regulations.
The minimum gross land area which
may be developed in this district is two (2) acres.
(3)
Development standards and procedures.
The standards
and procedures for development in this district shall be as provided
in this division for PD district development, but shall include also
the following:
(A)
In any PD-R district where substandard streets or utilities are in
existence, the property owner or developer shall install, rebuild,
or improve all necessary streets and utilities at his sole expense,
including off-site streets and utilities which are determined by the
council to be necessary to serve the redevelopment, subject to the
standard cost-sharing policies and ordinances which determine the
development costs which the city may pay, and subject to any agreements
for cost sharing which are mutually agreed upon by the property owner
and the city. The city’s participation in redevelopment shall
in every instance be conditioned upon the determination by the council,
in its sole discretion, of the availability of public funds therefor
at the time of such development.
(B)
Installation, rebuilding, or improvement of necessary streets and
utilities shall be required when new buildings are constructed within
the PD-R district.
(C)
Uses conducted in existing buildings shall not require the construction
of streets and utilities unless: additional construction, such as
additional paved parking, must be done on the site; a change or expansion
in use would require increased utility service; or, the council finds
that such construction is necessary at the time the PD-R plan is approved.
(2005 Code, sec. 17.7.03)
(a)
Purpose.
The purpose of the mixed-use zoning overlay
district is to allow higher density, mixed use, pedestrian-oriented
development.
(b)
Intent.
The mixed use overlay district is required as
the traditional zoning districts (SF, GH, B1, B2, B3, PD) are not
sophisticated enough to address the complicated growth and development
requirements. The intent of the mixed use overlay district is to promote
pedestrian oriented urban form (sustainability and health). The overlay
district encourages architectural diversity, creativity and exceptional
design. Furthermore, the purpose is to create memorable and outdoor
gathering spaces.
(c)
Bed and breakfast.
Boutique hotel.
Civic/open space.
Commercial or mixed-use building.
Commercial ready.
Cottage industrial.
Encroachment.
Farmer’s market.
Hotel.
Live-work dwelling.
Vertical mixed-use.
Veterinary.
Definition.
Mixed-use development is characterized as
pedestrian-friendly development that blends two or more residential,
commercial, cultural, and/or institutional.
A lodging use that has no more than five guest rooms; provides
accommodations for periods not to exceed five nights; and meals are
provided.
A lodging facility with 30 or fewer guest rooms that are
rented to occupants on a daily basis for not more than 14 consecutive
days; provides food that is prepared on-site; and more than 50 percent
of the guest rooms are internal-entry.
Publicly accessible open space in the form of parks, courtyards,
forecourts, plazas, greens, playgrounds, squares, etc. Civic/open
space may be privately or publicly owned and maintained.
A building in which at least the ground floor of the building
is built for commercial use and any of the floors above the ground
floor are built to commercial ready standards and occupied by nonresidential
or residential uses.
Space constructed above the ground floor height as established
in character district which may be used for noncommercial uses and
can be converted into retail/commercial use. Prior to the issuance
of certificate of occupancy for a retail/commercial use in a commercial
ready space, the space must comply with all building and construction
codes for that use. The intent of commercial ready space is to provide
the flexibility of occupying space in accordance with market demand
and allowing the use in such space to change to retail/commercial
uses accordingly.
Small scale and individualized (i.e. not mass produced) assembly
and light manufacturing/fabrication of commodities fully enclosed
within a building (building must be less than 20,000 square feet).
This category shall include workshops and studios for cottage industries
such as pottery, glass-blowing, metal working and fabrication, screen
printing, weaving, etc.
Any structural or nonstructural element such as a sign, awning,
canopy, terrace, or balcony that breaks the plane of a vertical or
horizontal regulatory limit, extending into a setback, into the public
right-of-way, or above a height limit.
The retail sale of farm products by individual vendors for
the primary purpose of selling fruits, vegetables, herbs, spices,
edible seeds, nuts, live plants, flowers, and honey. Sale of new and
used household goods, personal effects, small household appliances,
and similar merchandise is not included in this definition.
Shall be defined as a building with habitable rooms or suites
which are reserved for transient guests for compensation who rent
the rooms or suites on a daily basis, and with controlled access to
the rooms via a lobby or interior hallway. The establishment shall
furnish customary hotel services such as linen, maid service, telephone,
use and upkeep of furniture. It shall also include either a full-service
restaurant with full kitchen facilities providing service to the general
public; or a concessionaire of the management for room service delivery.
The establishment shall be required to have on-site staff seven (7)
days a week, twenty-four (24) hours per day.
A mixed-use building type with a dwelling unit that is also used for work purposes, provided that the ‘work’ component is located on the street level and (1) is constructed as separate units under a condominium regime or as a single unit. The ‘live’ component may be located above the ground floor. Live-work dwelling is distinguished from a home occupation otherwise defined by section 14.02.092 of the City of Dalworthington Gardens Zoning Regulations in that “work” component is not required to be incidental and secondary to the “live” component. Additionally, the “work” component may employ more than one (1) individual who is not an occupant of the “live” component.
Defined as combination of different uses in the same building.
Generally, lower floors have more public uses with more private uses
on the upper floors.
A doctor of veterinary medicine who holds a valid license
to practice veterinary medicine in the state.
(d)
Mixed use application process.
The application procedure for the mixed-use development will be done in the same manner as planned development administration (section 14.02.272 of the code). However, in addition to the concept plan, the city may require traffic impact study or land use compatibility study.
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Figure 1. Application Process
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(e)
Traffic impact study.
A traffic impact study report
should, at the minimum, address the following:
(1)
State the purpose and scope of the report and identify the study
area of the project.
(2)
State all assumptions used in analysis and make reference to and/or
include all supporting documents used to prepare the report.
(3)
Describe, in detail, proposed land use type(s) and size(s).
(4)
Identify number, location and type of proposed access drive(s) to
the development site.
(5)
Evaluate intersection sightline distances from proposed driveways.
(6)
Provide a detailed summary of data collection efforts and results.
(7)
Estimate number of trips generated by the development site.
(8)
Identify most critical analysis period.
(9)
Determine anticipated directional distribution of site-generated
traffic.
(10)
Intersection assignment of site traffic including through and turning
movements.
(11)
Internal circulation of site traffic and parking
(12)
Need for turning lanes or bypass options at proposed driveway location(s)
(13)
Traffic control needs and warrants
(14)
Determine anticipated future non-site (background) traffic volumes.
(15)
Identify other “nearby approved” developments within
the study area.
(16)
Evaluate “existing + site + nearby approved developments”
traffic operating conditions to assess cumulative impact of traffic
for pre-specified target year.
(17)
Recommend on-site and/or off-site road improvements for each traffic
conditions separately (i.e. “existing,” “existing
+ site,” “existing + site + nearby approved developments,”
and “future long-term”).
(18)
It is useful to address percent contribution to off-site road improvements
by individual development sites (i.e. proposed and other nearby development
site), based on number of new trips each and every one of these development
sites generate and add to adjacent street network primarily during
critical peak-hour.
(19)
Include findings and recommendations using nontechnical jargon to
help planning and zoning commission with their decision making. A
letter of opinion from a qualified professional is recommended.
(f)
Additional requirements for mixed use development.
(1)
Permitted uses.
To find the list of permitted uses,
please see the matrix of permitted uses. Land uses not listed in the
matrix but are substantially similar may be considered through the
application process.
(2)
Parking facilities.
For off-street parking facility,
the parking demand calculation can be done in the following manner:
(3)
Height.
The height of the building is restricted to
3 stories/floors or 40 feet (whichever is less).
(5)
Sidewalk.
A minimum of 12' sidewalk is required in the
district with a minimum of 6' throughway zone.
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Figure 3. Ideal Sidewalk Diagram (Source: ITE Manual)
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(6)
Sign standards.
Directory, monumental and wall sign
shall be allowed in the mixed use overlay district. The height of
directory sign is be restricted to 15'. One monument sign per lot
per lot street frontage limited to a maximum of 75 sq. ft. per sign
face and 6 ft. in height. An applicant has the option to install unique
sign including size, color, type, design, and location, subject to
approval from the city staff.
(7)
Landscape requirements.
In addition to complying with
the requirements of division 11 of this article, each lot in this
district shall have not less than 20% landscaped open space.
(8)
Outdoor gathering spaces.
Open space regulations. Provisions
for public, private and common open space shall be evaluated with
due regard to density, site coverage, and physical characteristics
of the site and, if deemed necessary, required as part of the plan.
When common open space, common recreational areas or common area containing
some other amenity to the development are approved as a part of a
final plan, such areas shall be retained and owned by the owner or
owners of the residential units contained within the development or
an owners’ association of which they are members, and shall
be perpetually maintained by the owner or owners or the association
as a part of the development for the use and benefit of the residents
of the development.
(9)
Building material.
To promote architectural diversity,
city may consider less than 80% masonry, exceed the use of glass percent
and allow use of more surface colors. However, all the designs and
colors will require approval through the application process. The
application will also be reviewed on the basis of harmony with the
surrounding building types.
(10)
Design exception.
A design exception means a requested
deviation from any building material, open gathering space standards,
sign standards, matrix of permitted uses, or parking requirements.
All requests for design exceptions shall go before the Dalworthington
Gardens Planning and Zoning Commission for action and then to city
council for final approval.
(g)
Matrix of permitted uses.
If a use is not listed on
the land use matrix that use is considered a prohibited use within
the City of Dalworthington Gardens Mixed Use Overlay District, unless
the use is allowed by right or by specific use permit under the regulations
applicable to the underlying or base zoning district.
Uses requiring a specific use permit “S” in a cell indicates that the use is allowed only if issued a specific use permit, in accordance with the procedures of section 14.02.325, specific use permits. Uses requiring a specific use permit are subject to all other applicable regulations of this code, including the supplemental use standards in this article and the requirements of this article.
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P = Permitted use
|
|
S = Specific use permit use
|
|
Animal grooming
|
P
|
|
Artist work or sales space
|
P
|
|
Bed and breakfast
|
P
|
|
Boutique hotel
|
P
|
|
Brewpub
|
S
|
|
Building materials sales, no lumber yard
|
S
|
|
Carpentry or sign fabrication (no outdoor storage)
|
S
|
|
Cleaning and pressing shop (small shop and pickup) (no drive-through
or drive-up service)
|
S
|
|
Cleaning and pressing shop (small shop and pickup) (with drive-through
or drive-up service)
|
S
|
|
Cottage industrial
|
S
|
|
Dwelling units located above the ground floor
|
S
|
|
Farm implement or machinery sales, service, repair or storage
|
S
|
|
Farmers market
|
S
|
|
Fitness club, gymnasium, gymnastics, or similar use
|
P
|
|
Food and beverage retail sales
|
P
|
|
Garden home
|
S
|
|
Greenhouse or plant nursery
|
S
|
|
Hotel, full service
|
S
|
|
Live-work dwelling
|
P
|
|
Museum, art gallery (public)
|
S
|
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Office and medical office use
|
S
|
|
Office/retail/warehouse flex space
|
S
|
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Pet store, kennel, animal boarding (no outside runs)
|
S
|
|
Private club
|
S
|
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Repair service, consumer, including bicycles
|
P
|
|
Restaurant or cafeteria (carry-out only) (no drive-through window
or drive-in service)
|
P
|
|
Restaurant or cafeteria (indoor service) (no drive-through window
or drive-in service)
|
P
|
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Restaurant or cafeteria (with drive-through window or drive-in
service)
|
S
|
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Retail store (no drive-through service)
|
P
|
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Retail store (with drive-through service)
|
S
|
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Studios, photo, music, art, dance, dojo, health, etc.
|
P
|
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Tavern
|
S
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Upholstery shop
|
P
|
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Veterinarian (no outside runs)
|
P
|
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Veterinarian (with outside runs)
|
S
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Winery
|
S
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(h)
Contradictions.
Where contradictions exist between the
mixed use (MU) zoning overlay district and other zoning districts,
requirements outlined in the MU zoning overlay district shall take
precedence.
(Ordinance 2018-13 adopted 9/20/18; Ordinance 2018-20 adopted 11/15/18; Ordinance
2018-13 adopted 9/20/18; Ordinance 2019-05, sec. 5, adopted 7/18/19)
(a)
Purpose. The purpose of the Bowen Road zoning
overlay district is to allow additional uses by planned development
in appropriate SF districts to create a mixed-use community that integrates
predominantly agricultural and food service commercial businesses,
with medium density residential uses, and open spaces. Appropriate
areas would be adjacent to principal arterials to allow commercial
uses compatible with nearby single-family residential to take advantage
of large traffic volumes while helping maintain the vision and character
of the city.
(b)
Use regulations. A building or premises in
this zoning district shall only be used for the purposes permitted
in the base district or overlaid by an approved final PD-BR plan from
additional uses allowed in base districts residential district ("GH"),
business districts 1, 2, and 3, ("B-1," "B-2," and "B-3," respectively).
The mixed use overlay district, ("MU"); special exceptions, or an
agricultural use without a principal structure. Any portion of the
PD-BR adjacent to a street, other than a principal arterial, across
which exists single-family ("SF") zoning, shall be restricted to SF
zoning for 200 feet from the street's right-of-way line with no vehicular
access to the principal arterial.
(c)
Height regulations. Structures, other than
SF, shall not exceed two stories.
(d)
Applicability. All development, other than
SF development, along Bowen Road between California Lane and Roosevelt
shall be governed by this overlay district.
(f)
Density and coverage regulations.
(1)
Density of development and maximum site coverage shall be established
on the approved final plan with due regard to site and general area
characteristics including land use, zoning, topography, thoroughfares
and open space opportunity. In no case, however, shall maximum density
and site coverage exceed the maximum percentages prescribed therefor
in the applicable base district regulations.
(2)
When common open space is provided for recreational purposes, the developer may propose that the percentage of the gross site area in common open space be added to the maximum site coverage percentages referred to in subsection (f)(1) above. In no case, however, shall the additional percentage points added to the maximum site coverage regulations total more than the total percentage of the site in common open space. Such proposal shall be evaluated as part of the plan.
(g)
Open space regulations. Provisions for public, private, and common open space shall be evaluated with due regard to density, site coverage, and physical characteristics of the site and, if deemed necessary, required as part of the plan. When common open space, common recreational areas, or common areas containing some other amenity to the development are approved as a part of a final plan, as defined in section 14.02.272, such areas shall be retained and owned by the owner or owners of the residential units contained within the development or an owners' association of which they are members, and shall be perpetually maintained by the owner or owners or the association as a part of the development for the use and benefit of the residents of the development. Garden home developments shall include a minimum of 10 percent open space, not including platted lots and streets.
(h)
Screening. An orderly transition from commercial
uses to the large lot residential uses will incorporate suitable separation
barriers with a preference to vegetated barriers in lieu of hardened
barriers such as fences.
(i)
Setback regulations. Minimum setbacks shall
be approved as a part of the development plan; provided however, that
the minimum setbacks on the boundaries of a PD-BR district shall not
be less than the requirements of the zoning district it abuts.
(j)
Off-street parking regulations.
(k)
"PD-BR" planned development-redevelopment district.
(1)
Development regulations. The regulations of this district as to use, height, density, coverage, open space, setback and parking, shall be the same as provided in section 14.02.275 hereof.
(2)
Area regulations. The minimum gross land area which may be developed in this district is two (2) acres for SF properties. If the property does not fall under SF, then this subsection (j)(2) does not apply.
(3)
Development standards and procedures. The standards and procedures
for development in this district shall be as provided in this division
for PD district development, but shall include also the following:
(A)
In any PD-BR district where substandard streets or utilities are
in existence, the property owner or developer shall install, rebuild,
or improve all necessary streets and utilities at his sole expense,
including off-site streets and utilities which are determined by the
council to he necessary to serve the redevelopment, subject to the
standard cost-sharing policies and ordinances which determine the
development costs which the city may pay, and subject to any agreements
for cost sharing which are mutually agreed upon by the property owner
and the city. The city's participation in redevelopment shall in every
instance be conditioned upon the determination by the council, in
its sole discretion, of the availability of public funds therefor
at the time of such development.
(B)
Installation, rebuilding, or improvement of necessary streets and
utilities shall be required when new buildings are constructed within
the PD-BR district.
(C)
Uses conducted in existing buildings shall not require the construction
of streets and utilities unless: additional construction, such as
additional paved parking, must be done on the site; a change or expansion
in use would require increased utility service; or, the council finds
that such construction is necessary at the time the PD-BR plan is
approved.
(Ordinance 2023-18 adopted 11/16/2023)
