(A) Intent and purpose. The Planned Development Overlay District ("PD") is intended allow site and building design flexibility which may not otherwise be allowed through conventional base zoning. The intent of this district is to enable the following:
(1) Provide opportunity for mixed-use development that may include a combination of different dwelling types and/or a variety of land uses which complement each other and which are compatible with existing and proposed land uses in the vicinity.
(2) Promote the most appropriate land use.
(3) Facilitate adequate and economical provision of streets and utilities.
(4) Facilitate flexible building design, site design, and amenities that create a unique and more sustainable alternative to conventional development.
(B) General provisions. The PD overlay district may be used in conjunction with one or more base zoning districts. The Council's conditions of approval associated with adoption of a PD ordinance shall be memorialized in the PD ordinance and shall run with the land unless otherwise stated.
(C) Development standards.
(1) Minimum site area. There is no minimum site area for use of the PD overlay district.
(2) Modified zoning and development standards. Zoning and development regulations regarding setback, attached versus detached residences, building height, lot coverage, parking, lighting, landscaping and signage may be modified by the Council as conditions of the PD approval subject to the Council's determination of the following criteria:
(a) A better design can be achieved by not applying the strict provisions of the zoning district.
(b) Adherence to the strict provisions of the zoning district is not required in order to ensure health, safety and welfare of the inhabitants of the development.
(c) Adherence to the strict provisions of the zoning district is not required in order to ensure that property values of adjacent properties will not be reduced.
(3) Land uses. In approving a PD ordinance, the Council may restrict the types of uses otherwise allowed in the base zoning district by requiring a limited pallet of uses as a condition of approval.
(4) Mixed-uses. The Council may approve a PD ordinance that allows a mixture of multi-family residential and non-residential uses with modified zoning and development standards. Mixed-use development is intended to integrate office, commercial, recreational, civic, institutional and/or residential uses to promote a broader range of service, employment and housing options.
(5) Residential density.
(a) Density (i.e., units per acre) for residential development shall not exceed the residential base district's maximum density identified in Tables 5-2 and 5-4 (see Vol. II, §§ 1-5-2 and 1-5-4), nor exceed densities provided in the General Plan's Land Use Plan Map.
(b) If the planned development is proposed for more than one zoning district, the number of allowable dwelling units must be separately calculated for each portion of the planned development that is in a separate zone, and must then be combined to determine the number of dwelling units allowable in the entire planned development.
(D) Application and approval. Requests for PD overlays shall follow the same procedures specified for zoning amendments in Vol. II, § 1-16-6. In addition, applications requesting PD overlays shall follow the same procedures specified for preliminary development review and approval in Vol. II, § 1-16-8.
(E) PD plan changes.
(1) Minor modifications or alterations of the approved PD development plan shall be reviewed and approved by the Director or designee. Major modifications or alterations require Council approval and shall be processed in accordance with Vol. II, § 1-16-6.
(2) The Director or designee shall interpret the proposed modification to be major if, in the Director's opinion, the modified project density (i.e., units per acre), setbacks or height is proposed to be increased by more than 10%, the quality of project design is diminished, the types of proposed land uses are significantly altered and/or the overall character of the project is contrary to the intent and spirit of the original City Council PD ordinance approval.
(F) Phased development. An approved development plan may be built in phases as part of the project's plan, if the construction and provision of all necessary elements, including parking, drainage, common open spaces, and public and recreational facilities, which are shown on the approved plan, proceed at a rate commensurate with the construction of buildings.
(G) Dedication and maintenance of facilities. The city may require, as a condition of approval, those portions of the tract under consideration be set aside, improved, conveyed or dedicated for the following uses:
(1) Streets. That the rights-of-way widths as designated on the city's Street Classification Plan be dedicated for streets and utility purposes. Other streets necessary for access or development of adjacent properties may also be required.
(2) Easements. That the owner shall grant to the city such easements as will be required to ensure the necessary and orderly extension of public utilities, including easements over all non-dedicated private streets over which the city may need ingress or egress for the purpose of protecting the health, safety and welfare of the public, and for the provision of municipal services.
(3) Underground utilities. All electric and telephone facilities, cable, streetlight wiring and other wiring, conduits and similar utilities and facilities shall be placed underground by the developer.
(4) Recreation facilities. The city may require that suitable area for parks and playgrounds be set aside, improved or permanently reserved for the public, owners, residents, employees or patrons of the development.
(H) Transfer and assignments. If, during any stage of the development, the property under application or any portion thereof is assigned to another, then the assignee shall be bound to the requirements and design of the approved development plan.
(I) Revocation for non-compliance. Failure to comply with the approved final development plan or any prescribed condition of approval shall constitute a violation of this Article. The Commission may, after giving notice, hold a public hearing and recommend revocation of a base zoning district to the City Council who may consider the recommendation and act in the same manner as in considering any zoning request.
(J) Reversion. Approval of rezoning constitutes authorization for the development of property under granted zoning. PD rezoning approval is valid for a period of 24 months from the date of the City Council decision or for the period of time approved by the City Council as a condition of rezoning. If approval expires prior to substantial development upon the rezoned property, the zoning may be subject to reversion to its former zoning classification.
(K) Termination. An approved planned development may not revert to any base district upon completion unless, and until, all requirements of the base district are satisfied. Should the applicant of an approved planned development wish to discontinue the planned development use upon completion, including the continuation of the Planned Development Zoning District designation, the process shall follow the procedure required for zoning amendments in Vol. II, § 1-16-6.
(Ord. 1402, passed 5-6-2014)