(A) Purpose. The following regulations are set forth in order that the public health, safety, morals and general welfare may be furthered in an era of increasing urbanization to encourage innovations in residential, commercial and industrial development and renewal; to stimulate opportunities for better housing and recreation, shops and industrial plants conveniently located near each other; to accommodate changes in the technology of land development; to encourage a more creative approach in the utilization of land which may be characterized by special features of the geography, topography, size or shape of a particular property; and to provide a compatible and stable environment in harmony with that of the surrounding area.
(1) The Planned Development District (PDD) may include any developments having one or more land uses or structures on a single parcel of ground or contiguous parcels; provided that, the total area is three acres or larger. The PDD shall consist of a harmonious selection of uses and grouping of buildings, parking areas, circulation and open spaces, and shall be designed as an integrated unit.
(2) Under the provisions of this district, the City Council has the right to allow deviations from any standards set forth in this chapter. However, rezonings to the Planned Development District shall not be allowed merely as a convenience or benefit to the applicant or as a means of circumventing the requirements of this chapter. Rather, the PD District shall be used to create a development having greater public benefit than would otherwise have been possible.
(B) Ownership.
(1) The tract shall be a development of land under unified control at the time of application, planned and scheduled to be developed as a whole. However, no authorizations or permits shall be granted for the development unless the applicant has acquired actual ownership of, or executed a binding sales contract for all of the property comprising the tract.
(2) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OWNERSHIP. Includes a lease of not less than 50 years’ duration.
SINGLE OWNERSHIP. Includes ownership of portions of the development by two or more wholly owned subsidiaries of a single owner, or by the single owner and one or more of its wholly owned subsidiaries.
(C) Consistency with the Comprehensive Plan. The development should be designed so that it is consistent with the city’s Comprehensive Plan.
(D) Allowable uses. There are no permitted uses in the planned development district. However, any combination of residential or non-residential land uses may be allowed through a conditional use permit as long as the project is consistent with the city’s Comprehensive Plan and other requirements of this section are met.
(E) Open space.
(1) A minimum of 20% of the land area of a planned residential development shall be devoted to private outdoor passive or active recreation. This space shall be effectively separated from automobile traffic and parking and be readily accessible. Provisions shall be made for the permanent private maintenance of this land. The term “open space” shall not include space devoted to streets and parking.
(2) This private outdoor recreation space shall not be a substitute for the dedication of land and/or cash for public parks as may be required by another city ordinance.
(F) Residential development density. A maximum density increase of 100% may be allowed for a planned residential development for the elderly based on an evaluation by the city staff and the city’s Planning Commission of the project’s degree of design excellence and public benefit.
(1) The city’s Planning Commission and City Council, in determining the reasonableness of the proposed increase in density or intensity of land use, shall consider:
(a) The location, amount and proposed use of common open space;
(b) The location, design and type of dwelling units; and
(c) The physical characteristics of the site.
(2) No increase in density shall be allowed which would adversely affect nearby land values.
(G) Setbacks. The building and parking lot setback regulations normally in force through the existing zoning district for the site shall be used as a guide in reviewing proposed setbacks, although deviations from those setback regulations may be allowed by the PDD development plan.
(H) Architecture. Architectural style of buildings shall not solely be a basis for the denial or approval of a PDD development plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review of the application.
(I) General application procedure. An applicant for a planned development district shall apply for a rezoning, a conditional use permit and (if applicable) a preliminary plat, and shall pay the application fee established by ordinance of the City Council. The review procedure includes a concept plan review, a development plan review, rezoning and a conditional use permit approval. The concept review is a strongly recommended informal review with the city staff and, possibly, the city’s Planning Commission. The rezoning of the property and the conditional use permit shall not be approved until after the development plan has been approved by the City Council (all of which may occur at the same public meeting).
(J) Development plan: submittals required. The following items are required for review and approval of a PDD development plan:
(1) Location, size and legal description of the site;
(2) A vicinity map showing the location of the site in relation to the surrounding neighborhood;
(3) A site plan or plans showing all existing features of the site, including:
(a) A boundary survey prepared by a registered land surveyor;
(b) A topographic survey (minimum contour interval of two feet);
(c) Public rights-of-way;
(d) Private road and utility easements;
(e) Existing roads;
(f) Wetlands and ponds;
(g) Utilities;
(h) Drainage courses;
(i) Major vegetation;
(j) Buildings and other structures;
(k) The present zoning; and
(l) The planned land use(s) according to the city’s Comprehensive Plan.
(4) Site plans showing the location of all proposed:
(a) Buildings and structures;
(b) Public roads and rights-of-way;
(c) Driveways and parking lots;
(d) Private open areas;
(e) Public park land;
(f) Wetlands, ponds and drainage courses;
(g) Water and sewer utility lines;
(h) Landscaping (including species and size);
(i) Signs (placement and characteristics); and
(j) Site development data.
(5) A grading and drainage plan using two-foot topographic contour intervals (prepared by a registered professional engineer);
(6) Submittals as required in Ch. 153
of this code, regarding subdivisions, for the approval of a preliminary plat;
(7) Sketches illustrating building facade design and materials;
(8) A staging plan if the project is intended to be built over a series of years; and
(9) A written statement addressing:
(a) The applicant’s ownership position in the site;
(b) The proposed method of finance;
(c) The market for any proposed commercial activities if the property is not zoned for commercial use at the time of submittal of the preliminary development plan;
(d) Provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures and open spaces; and
(e) The total anticipated population to occupy the planned development, with breakdowns as to the number of school age children, adults and families.
(K) Development plan, rezoning and conditional use permit: approval procedure.
(1) The procedure for review and approval or denial by the city’s Planning Commission and City Council of a PDD development plan, preliminary plat (if applicable), rezoning and conditional use permit shall be the same as that established for a rezoning (zoning ordinance amendment) in § 154.173 of this chapter.
(2) In conjunction with the rezoning, the development plan shall be attached to and become part of the ordinance establishing the rezoning. The Zoning Enforcement Officer shall then change the zoning classification on the official zoning map to designate the district or portion of a district as a PD District. A number shall be assigned each PD District in sequence through each year (e.g., 90-1). The development plan and all supporting documents will form the ordinance establishing the PD District.
(3) Building permits shall not be issued for any of the structures, or land alterations shall not be made, until the following conditions are met:
(a) Public open space has been deeded to the city and officially recorded;
(b) A cash payment in lieu of land donation has been made to coincide with construction of each building;
(c) The design and construction specifications for all utilities, street improvements and mass grading have been approved by the City Engineer;
(d) The homeowners’ association bylaws, covenants and deed restrictions have been approved by the City Attorney;
(e) The construction plans for proposed structures have been approved by the Building Inspector;
(f) The final plat (if necessary) has been approved by the city and recorded with appropriate governmental agency as required by law. These recorded plats shall contain a statement indicating that the plan is a part of planned development for the city; and
(g) The detailed site development plans have been approved by all appropriate city staff members and the City Council and their signatures appear on the plans.
(L) Project abandonment.
(1) In the event that a development plan is given final approval and the developer subsequently abandons the project or if the developer fails to begin the project within 18 months after final approval has been granted, final approval shall be rescinded unless that time period is extended by the City Council upon written application of the developer.
(2) After final approval, no planned development shall be amended, except by the City Council after a public hearing before the Planning Commission, in accordance with the provisions of § 154.171 of this chapter; provided, however, that, the approved development schedule of the plan may be extended for no more than two years by the City Council without any hearing or Planning Commission action.
(3) The City Council reserves the right to withhold building permits in the event that the developer is not making satisfactory progress toward completion of the development plan.
(2004 Code, § 154.070) (Ord. 464, passed 1- -1996)