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PD PLANNED DEVELOPMENT DISTRICT (PD-RS, PD-MX)
The purpose of the PD Planned Development District is to achieve, to the greatest possible degree, land development that is responsive to the natural and environmental assets and liabilities of a given site. The PD provides an alternative zoning category that is intended to encourage imaginative design of development. The PD should be a well-integrated development in terms of major design elements such as roads, drainage systems, utilities, and open space. The PD allows greater design flexibility so that natural features may be protected and development concentrated in an innovative and efficient manner.
(Ord. 37-02, passed 7-10-02)
Subsequent to the approval of the City Council, the designation of PD may be applied to any existing zoning district with the limitations described herein. There are two types of PDs. A PD may be a predominantly residential development, in which case is referred to as a PD-RS. A PD-RS may only be applied to an existing residential district. A PD may also be a mixed use development, referred to as a PD-MX. A PD-MX may be applied to any existing nonresidential zoning district. Upon the approval of the final development plan according to this section, the Zoning Map shall be amended to designate the property "PD-RS" or "PD-MX." The tract of land proposed to be developed as a PD-MX must be owned, leased, or controlled by one person or single entity and must be at least five contiguous acres in size. The tract of land proposed to be developed as a PD-RS must be owned, leased, or controlled by one person or single entity and must be at least five contiguous acres in size.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
The permitted uses in both the PD-RS and PD-MX district are as set forth below:
(A) Permitted uses - PD-RS. An applicant may propose to include any mixture of permitted or conditional uses in any existing residential district, as well as permitted use in the NC Neighborhood Commercial district, provided that not more than 25% of the net acres in the development is devoted to nonresidential uses.
(B) Permitted uses - PD-MX. An applicant may propose to include any mixture of nonresidential land uses in a proposed PD-MX development, provided that at least 60% of the net acres in the development are devoted to uses permitted in the district(s) applying to the property at the time of application.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
The following standards represent broad parameters under which all PD developments must be designed:
(A) Central water and wastewater facilities. All structures in developments approved as a PD must be served by central or public water and wastewater facilities.
(B) Development layout and design. The design and layout of all PDs shall display excellence in design by properly considering significant site features such as topography, natural drainage patterns, roadway access and circulation, surrounding land uses, and general public welfare, to result in desirable land development. Attractive landscaped buffers shall be provided between incompatible land use and activities.
(C) Front, side, and rear setback standards for perimeter lots. All lots that are located along the perimeter of the PD shall have minimum front, side, and rear setbacks equal to those that would normally be specified in the zoning district prevailing at the time of application for PD approval, or 25 feet, whichever is greater.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
In addition to the general development standards described in § 155.1504, residential PDs shall meet the following development standards:
(A) Clustering residential development and required open space. Clustering residential density is encouraged to provide required common open space. A minimum of 20% of the land developed for residential purposes in a PD-RS project shall be reserved for common open space. This required amount of common space shall be established as common open space under one ownership, and provisions shall be established for maintenance and care. The legal articles relating to any organization of property owners in the development charged with such open space maintenance shall be submitted to the city. The City Council may require as a condition of final approval, any evidence deemed necessary to document that the required common space will remain in its stated condition as long as the development exists, including such legal documents as deed restrictions, conservation easements, and the like.
(B) Clustering residential density. To achieve a clustering of residential density and to provide for the required common open space, the lot area requirements for residential land uses may be reduced from the densities required under the district(s) applying to the property at the time of application by up to 20%. The lot, width, and yard requirements for residential lots may be also be reduced as needed to accommodate a variety of structural patterns, clustering designs, and housing types.
(C) Residential dwelling types. Along with clustering residential density, a PD-RS may include a mixture of dwelling types, including single-family detached dwellings, two-family units, zero lot line units, and multiple-family units, provided the maximum densities defined in each existing zoning classification is not exceeded.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
The applicant for a PD is encouraged to informally present conceptual or preliminary plans to both the City Council and the Planning and Zoning Commission for review, prior to extensive engineering and formal submission of a final development plan. Property proposed to be developed as a PD must be rezoned to PD, and the decision to approve a final development plan, and to rezone a property to PD are done concurrently.
(Ord. 37-02, passed 7-10-02)
(A) The applicant for a PD shall submit ten copies of the proposed final plan to the Zoning Inspector along with the required application fee. The final plan shall include:
(1) The specific description of permitted, conditionally permitted, and accessory uses to be allowed in each area of the development.
(2) A copy of proposed deed restrictions.
(3) The final plan shall be drawn to illustrate:
(a) A survey and legal description of the proposed development site, showing dimensions and bearings of the property lines; area in acres; topography (at two-foot contour intervals); and existing features of the development site, including major wooded areas, streets, easements, utility lines, and existing land uses.
(b) The location and dimensions of all lots, setbacks, and building envelopes.
(c) Conceptual drawings of sewer and water facilities, as well as street and drainage systems.
(d) A table indicating acreage devoted to various development types.
(4) Landscaping plan for all buffers and other common areas.
(5) Architectural guidelines to apply throughout the development.
(6) The proposed names of all interior streets proposed for the development.
(7) Layout and dimensions of all parking and loading areas along with an indication of what they are to be built to serve.
(8) A description of the expected timing of the development.
(B) In addition to the above, the City Council may require additional information, including environmental impact studies and archaeological surveys prepared by appropriate professionals to document the impacts of the development and to address potential mitigation measures. The applicant shall be responsible for reasonable expenses incurred by the city in reviewing final development plans. Such expenses are beyond application fees established by the city and may include professional service fees, such as legal expenses or fees from other professionals, such as engineers, landscape architects, planners, or environmental scientists incurred in connection with reviewing the plans submitted.
(Ord. 37-02, passed 7-10-02)
The decision to rezone land to PD and to approve the final plan are accomplished concurrently. All PD final plan submissions are deemed to be an application for amendment to the Zoning Code according to §§ 155.2701 through 155.2712. All procedures (Planning and Zoning Commission Review, public hearings, and action by the Council), shall be followed in considering an application for a rezoning of the land in question to PD. Upon approval of such plan and rezoning, the Zoning Map shall be amended to designate the project area as "PD-RS" or "PD-MX." Thereafter, with the concurrent approval of the rezoning and final plan pursuant to the criteria stated in § 155.1509, all development restrictions and conditions described in the final plan shall become official requirements of the PD.
(Ord. 37-02, passed 7-10-02)
The Planning and Zoning Commission and City Council shall review the proposed final plan according to the following criteria:
(A) That the proposed development is in conformity with the goals and objectives of the master plan.
(B) That the proposed development advances the general health, safety, and morals of the city.
(C) That the interior road system, proposed parking, and any off-site improvements are suitable and adequate to carry anticipated traffic generated by and within the proposed development.
(D) That any exception from standard district requirements can be warranted by design and other amenities incorporated in the final development plan, according to these PD requirements.
(E) That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(F) That the existing and proposed utilities including water and sewer service and drainage plan will be adequate for the population densities and nonresidential uses proposed in the PD.
(Ord. 37-02, passed 7-10-02)
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