(A) Purpose. A Planned Area Development (PAD) Overlay is intended:
(1) To provide for various types and combinations of land uses (such as single and multi-family housing, golf course developments, and public spaces) through the adoption of a development plan.
(2) To establish planning and development control parameters while allowing sufficient flexibility to permit final detailed planning at the time of actual development, and to permit flexibility in design, placement of buildings, use of open spaces, and the like.
(3) To encourage and permit unified planning to achieve a compatible mixture and variety of land uses within the PAD Overlay and with the existing and anticipated development in the surrounding area.
(4) To accomplish the purpose of zoning and other regulations to an equivalent or higher degree than where such regulations are designed to control development on individual lots.
(5) To promote economical and efficient land use, an improved level of amenities, appropriate and harmonious variety, creative design, and a better environment.
(6) PAD Overlays may be established where tracts suitable in location, area, and character for the uses and structures proposed will be planned and developed on a unified basis. Suitability of tracts for the development proposed shall be determined with reference to the general plan and to the existing and prospective character of surrounding development.
(B) Scope.
(1) A PAD may proceed by increments to be called “development units.”
(2) The PAD Overlay is intended to be overlaid onto any combination of the specified Zoning Districts included within the Town Planning and Zoning Ordinance, and the PAD designation shall control the land use regulations otherwise permitted within the Districts, as set forth herein. The permitted uses allowed, the yard, height, and area requirements, and other requirements within the Overlay shall be those permitted or required within the appropriate Zoning District with which the PAD Overlay is combined, except where modified. For example, if the PAD allows for multiple family dwellings then yards, fences, storage, etc. shall follow the regulations of the applicable Zoning District, which is R2. In another example, if a developer wishes to increase density and use the PAD Overlay, the developer would first process the zoning change for the underlying zoning density, and then bring the PAD Overlay application. Where there are conflicts between special PAD regulations and the general zoning or other regulations, these PAD regulations shall apply in the PAD Overlay unless the Commission shall find, in the particular case, at the time of rezoning application, that these provisions do not serve the public to a degree at least equivalent to such general zoning, or other regulations.
(3) Where actions, designs or solutions are not literally in accord with applicable PAD or general regulations, but the Commission makes a finding in the particular case that the public is served to an equivalent or greater degree, the Commission may recommend specific modification of the regulations.
(C) Planned area development defined. For the purpose of this section, a PAD shall:
(1) Be a single development operation or a definitely programmed series of development operations which can be one type of land use or a mixture of land uses.
(2) Be developed according to comprehensive and detailed plans that include the locations of streets, utilities, lots, building sites and other uses; also site plans and floor plans for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings.
(D) Uses permitted.
(1) Single-family dwellings, two-family, multi-family; detached, semi-detached, and attached and accessory uses except accessory dwelling units.
(2) Community facilities, such as schools, parks, and playgrounds.
(3) Clubs not operated primarily for commercial purposes.
(4) Golf courses in accordance with performance standards as set out in § 153.075.
(5) Manufactured home parks and subdivisions in accordance with the provisions of this section and any additional requirements the Commission or Council may deem necessary to fulfill the intent of these requirements.
(6) Home occupations when indicated as part of the development plan or when in accordance with the provisions of this code.
(7) Accessory uses and structures, where permitted; such uses and structures may be located in the front one-half of a lot, provided they are not nearer the front lot line than the main building or buildings.
(8) Public utility installations.
(9) Signs when submitted as part of the development plan or when in accordance with this code.
(10) In considering a proposed PAD, the Commission may approve modifications of these requirements to the Town Council. Justification for such modification shall be supplied by the applicant in written form as part of the hearing application procedure.
(E) General provisions. General provisions standards, requirements, regulations, and changes to densities are intended to ensure compatibility. The Commission may recommend to the Town Council modification of such standards, requirements, regulations, and changes to densities. The layout and design shall be subject to the following limitations:
(1) Maximum Lot Coverage. A combination of all of the proposed uses shall not exceed a maximum building coverage of 50% of the total area, except in the case of a PAD located within or abutting another Zoning District which allows a greater coverage, then the greater coverage allowances may apply.
(2) Open space.
(a) A minimum of 25% of the total gross site area, that is intended to provide light and air, and is designated and designed for resource protection, buffers, drainage ways, environmental, scenic, or recreational purposes. Common open space lands shall be clearly designated on the plan to include the character of use and development, and may be public or private or some combination of both, and shall not include private residences/structures, required yards, driveways, parking lots, streets, alleys, public rights-of-way or other surfaces intended or designed for vehicles. Decorative lakes (including those that contain treated effluent) may be included in the calculation for open space.
(b) Whether private or dedicated to the public, it shall be the responsibility of the developer to ensure that the open space is protected in perpetuity by legal arrangements, sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the open space, method of maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions and any other specifications deemed necessary by the Commission and Town Council.
(3) Zero lot line setbacks may be allowed under the following circumstances:
(a) The lot adjacent to the zero-setback side yard must be under the same ownership at the time of initial construction (ensuring that a developer does not infringe on the property rights of owners of adjacent tracts).
(b) The setback on the adjacent lot must be either zero feet or greater than ten feet.
(c) The opposite side yard of not less than ten feet must be kept perpetually free of permanent obstructions (such as a storage shed or a fence without a gate).
(d) Similar zero lot line exceptions can be made for the rear yard, but not for both the side and rear yards of the same lot.
(e) A five foot maintenance easement along the boundary of the zero lot line must be identified on the site plan.
(4) Non-motorized trails shall be considered and may be incorporated into the design of vehicular and pedestrian traffic ways where possible, and connect to off-site non-motorized trails.
(5) All public streets within or abutting the proposed PAD shall be dedicated and improved to town specifications for the particular classification of street. When the developer desires to retain any streets within the development as private streets, these streets shall be constructed to town standards, permanently reserved and maintained for their intended purpose by means acceptable to the Town Engineer. Other forms of access, such as, pedestrian ways, courts, plazas, driveways or open parking lots shall not be offered for dedication.
(6) PADs shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of watercourses, drainage areas, wooded areas, rough terrain and similar natural features and areas and shall be designed to use and retain these natural features and amenities to the best advantage.
(7) All utilities within a PAD shall be placed underground.
(a) A common central television antenna or receiver may be provided with underground cable service to all dwelling units.
(b) For the purposes of this section, appurtenances and associated equipment such as, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed conduit in an underground system may be placed above ground.
(F) Other requirements. The Commission and/or Town Council shall insure that the public welfare and safety is preserved, and that provision is made for harmonious and appropriate development of the land by requiring as needed:
(1) Declaration of public use space for parks, schools, recreation areas, and the like.
(2) Coordination of street layout with existing or planned streets.
(3) Preservation of natural features, such as trees, hilltops, watercourses, and archeological sites.
(4) Architectural plans of building design in addition to a comprehensive plan for the development.
(5) Proof of adequate sanitary sewage and water systems.
(6) Adequate fire protection.
(7) Schedule of plan implementation.
(8) Additional issues of public interest.
(9) Proof of adequate water entitlement and sustainable availability.
(G) PAD Amendments. The following procedures shall be followed for any amendment to a PAD including amendments to the Development Phasing Schedule.
(1) Major amendments:
(a) A PAD Overlay applicant or his successors in interest may file a request for a major amendment with the Community Development Department.
(b) The change will be deemed major if it involves any one of the following:
1. An increase in the approved totals of dwelling units or gross leasable area for the PAD Overlay.
2. A significant change in zoning boundaries as determined by the Zoning Administrator or designee from those approved for the PAD Overlay.
3. Any change which could have significant impact on areas adjoining the PAD as determined by the Zoning Administrator or designee.
4. Any change which could have a significant traffic impact on roadways adjacent or external to the PAD as determined by the Town Manager or designee.
(c) The Community Development Department will bring the major amendment before the Commission and Town Council and will submit background material relevant to the request.
(2) Minor Amendments:
(a) A PAD Overlay applicant or his successors in interest may file a request for a minor amendment with the Community Development Department if the Zoning Administrator or designee determines that the request is not major, as defined above.
(b) The request will be routed for comment to any affected town departments or other agencies for comment.
(c) Upon receipt of comments or no later than ten working days, the Zoning Administrator or designee will determine whether to approve or deny the requested change.
(d) If the requested change is approved, a letter of approval will be mailed to the applicant with a copy filed for public record.
(3) Interpretations. In the event that it becomes necessary to interpret stipulations within the PAD Overlay, the Commission and Town Council shall hold a hearing and make such interpretations.
(H) Procedures. Every PAD Overlay approved under the provisions of this section shall follow the procedure for a Zoning Map Change as set out in the Town Planning and Zoning Ordinance and shall comply with the requirements of this section.
(1) Application. An application to establish a PAD project shall be filed by the owner or owners having title to all of the property in the area proposed for the PAD, the agent for the owner having appropriate authorization, or the town. Every application shall be accompanied by a fee as required.
(2) Master plan.
(a) In establishing a PAD, a master plan of the entire area to be developed shall be required as part of the rezoning application. In addition to the requirements of a Zoning Map Change, the submittal requirements of the master plan shall conform to the submittal requirements of a Sketch Plan (§ 152.06 and following).
(b) If a PAD is to be developed in phases or development units, separate hearings for the platting process shall be held to review each phase according to the standards set out for plats in the Town Subdivision Regulations.
(c) Each phase/plat must be in substantial conformance to the approved master plan and sketch plan/zoning map change.
(d) An approved site plan shall be binding upon applicants and their successors or assignees. No building permit shall be issued for any building, structures or use, not in accordance with the site plan, except that temporary construction facilities shall be permitted.
(3) Application submittal requirements for a minor amendment to a PAD:
(a) A site plan depicting the existing conditions of the PAD and proposed amendment.
(b) A letter of intent, explaining the proposed amendment, along with justification as to why the request is reasonable and meets the intent of the section.
(c) Written support from the Home Owners Association, Property Owners Association, Architectural Review Committee and affected property owners for the proposed amendment.
(d) Submittal of a filing fee.
(4) Adoption of the PAD. The development plan and supporting statements and documents submitted with the application for a Planned Area Development shall be approved and adopted by the Council and included in the ordinance establishing the PAD Overlay. All development within the PAD Overlay shall comply with the sketch plans as approved and adopted by the Council.
(a) Action by the Commission. Upon completing its public hearing on the PAD application and sketch plan, the Commission shall transmit its recommendation to the Council.
1. The recommendation of the Commission shall include the reasons for approval or disapproval of the application, and if recommended for approval shall give specific evidence and facts showing that the application meets with the following:
a. That the development at the location proposed is generally consistent with the goals, objectives, densities and policies of the General Plan or specific plan for the area.
b. That the development at the location proposed and the development standards to be followed or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
c. That the development will promote or preserve environmental quality and conserve energy usage and energy resources, including the protection of adequate sunlight for use of solar energy systems.
2. The recommendations of the Commission may include reasonable additional conditions and/or modifications to established property development standards as deemed necessary to promote the purpose of this Overlay and this code.
(b) Action by the Town Council. Following conclusion of its public hearing, the Council may approve the PAD and sketch plan as recommended by the Commission or in a modified form, stipulating those conditions it deems necessary to carry out the purpose of this Overlay and this Code. If the PAD and sketch plan is approved, it shall be incorporated as part of the Zoning Map. The Council shall include the reasons for approval or disapproval of the application and shall give specific evidence and facts showing that the application meets with the following:
1. That the development at the location proposed is generally consistent with the goals, objectives, densities and policies of the General Plan or specific plan for the area.
2. That the development at the location proposed and the development standards to be followed or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
3. That the development will promote or preserve environmental quality and conserve energy usage and energy resources, including the protection of adequate sunlight for use of solar energy systems.
(I) Enforceability.
(1) The PAD Program shall continue to be implemented and maintained for the total acreage of the PAD Overlay, even though ownership may subsequently be transferred in whole or in part.
(a) It is the responsibility of the owner to notify all prospective purchasers of all or part of the property within the Overlay of the existence of the PAD Overlay amendment and the PAD Program contained therein.
(b) Conformance with the PAD shall be enforced by recordation of the appropriate deed restrictions for each parcel of property within the Overlay, prior to the issuance of building permits, for each development unit.
(c) Notification and recordation as provided above shall be required in order to retain the unitary aspect of the overlay.
(2) Application for approval of the first development unit shall be made, and required infrastructure development shall have commenced, within four years of the date upon which the PAD overlay amendment was approved. Each development unit must contain open space proportional to the size of the development unit. Applications for approval of subsequent units shall be made in accordance with the development-phasing schedule contained in the PAD Program. If a written request for additional time is received from the applicant/agent within 30 days of notification, providing justification why an extension may be warranted, a one year extension of time may be administratively approved by the Zoning Administrator or designee for the first extension. If the applicant requests additional extensions of time beyond a one year administratively approved extension, staff shall notice a hearing to determine the cause of the delay.
(a) The hearing shall be held within 60 days of the date of the written notice, and shall follow procedures for hearings.
(b) The Zoning Administrator may determine good cause for such deficiency/extension of time and may, in conjunction therewith, entertain an application to amend the development-phasing schedule.
(3) Failure to commence required infrastructure development within the required time period shall cause the PAD Overlay classification to become null and void, and any property rezoned in conformance with the PAD Overlay amendment and the PAD Program to revert to its former zoning classification by action of the Town Council.
(4) At such time that the Zoning Administrator or designee shall determine that the applicant is not proceeding to develop in accordance with the PAD Program, it shall notify the applicant in writing of such deficiency and shall, simultaneously, notice a hearing to determine the cause of the delay.
(a) The hearing shall be held within 30 days of the date of the written notice, and shall follow procedures for hearings.
(b) The Town Council may determine good cause for such deficiency and may, in conjunction therewith, entertain an application to amend the development-phasing schedule.
(c) The Town Council may determine that there is not good cause for such deficiency, and in such event may impose additional restrictions on the applicant to ensure future compliance with the PAD Program including, but not limited to, the filing of such periodic reports as the Council shall require to enforce this provision.
(J) At such time that the Town Council shall determine that the current owner of any portion of the PAD Overlay is not in compliance with a provision of the PAD Program or the public dedication or improvement schedules no further vesting of zoning or approval of final site plan or subdivision plats shall occur for that portion. Such determination of noncompliance shall be at a public hearing. The applicant and current owner(s) shall receive written notice of hearing.
(Ord. 08-41, passed 8-5-2008; Am. Ord. 08-44 § 440, passed 10-21-2008; Am. Ord. 15-110, passed 4-7-2015)