(A) General description. The purpose of the Development Review District (DRD) is to allow development of undeveloped parcels of land that, by virtue of their visually and/or environmentally unique location, lend themselves to a blend of diverse yet compatible uses, innovative layouts or sensitive designs. Development of such parcels shall be accomplished while meeting public requirements, including preservation, promotion and protection of open space, scenic vistas and natural resources, by the application of extra administrative controls. All final plans in the Development Review District shall be recommended by the Planning Commission and approved by the Common Council under the procedure set forth herein. Final approval by the Common Council is deemed to be an administrative act not subject to referendum.
(B) Uses, generally.
(1) Uses permitted. Property and structures in the DRD may be used for the following purposes:
(a) Commercial uses;
(b) Inpatient and outpatient health care facilities and clinics;
(c) Long-term care, congregate and assisted living facilities;
(d) Religious and educational facilities and institutions;
(e) Light manufacturing and office park uses;
(f) Public and private recreation facilities and their ancillary services;
(g) Variable density housing;
(h) Public and private transportation, utility and public safety facilities;
(i) Agricultural uses;
(j) Telecommunications; and
(k) Small scale solar energy conversion facility as an accessory to a primary use.
(2) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:
(a) Small wind energy systems (SWES) for lots designated by the concept plan as being commercial, open space or other nonresidential land use;
(b) Telecommunications facilities; and
(c) Large scale solar energy conversion facility.
(C) Uses prohibited.
(1) New and used vehicle or machinery sales and service;
(2) Manufactured home sales;
(3) Building material sales;
(4) Truck terminals, stand-alone warehouse facilities;
(5) Use requiring unscreened outside storage;
(6) Industrial uses; and
(7) Advertising signs.
(D) Minimum requirements for improvements and design.
(1) General. Minimum requirements for improvements and design are not subject to modification by the procedure outlined in § 156.081. Projects that exceed the minimum requirements are encouraged.
(2) Area regulations.
(a) Front, side and rear setbacks, lot width and size are governed by the minimum requirements for parking and open space as described per divisions (D)(3) and (D)(6) below.
(b) Height restrictions:
1. Commercial uses: 12 stories;
2. Residential uses: three stories; and
(4) Lighting. All lighting shall be fully shielded, 85% full cut-off fixtures.
(6) Open space.
(a) Common open space. A minimum total area of 10% of the land included in the application shall be comprised of common open space, which shall be used for amenity or active or passive recreational use. Open space containing natural features may be left unimproved.
(b) Individual lot open space. Commercial: 20%; all other uses: 30%.
(7) Landscaping. Each application shall include a comprehensive landscaping plan showing the location and species of all plant materials and an irrigation plan, meeting the minimum requirements of Ch. 155. Additional requirements in the form of berms, open yard buffer areas, landscape islands and live and/or constructed screening are encouraged and may be imposed as conditions of landscape plan approval.
(8) Transportation system. Each application shall include a transportation plan showing points of ingress and egress, circulation pattern and integration with the system to which it relates.
(a) All streets, sidewalks, pedestrian ways and rights-of-way to be dedicated to the city shall conform to the minimum requirements of Ch. 154, as adopted and in effect when the plan is approved.
(b) All streets, sidewalks, pedestrian ways and rights-of-way to remain private shall be subject to approval as part of the overall development plan.
(E) Process overview; applying the DRD zoning for the first time. In traditional zoning districts, development standards are uniform and contained within the zoning code. However, the development standards in DRD zoning are unique and are fashioned and applied to the particular land being developed. These development standards take the form of a concept plan and a final plan. DRD zoning must always include an associated concept plan or final plan. There are two ways to secure development approval with the DRD zoning. The applicant may choose from two types of DRD review processes:
(1) Two-step approval; concept plan approval followed by final plan approval at a later point in time. Typically, the two-step process is used when a project includes any one of the following:
(a) More than one land use;
(b) More than one parcel developer;
(c) Moderate to high potential for change in the land uses and/or reconfiguration of the concept plan before build out;
(d) Build-out takes place over a period of many years; or
(e) Exact locations of site improvements is unknown at the time DRD is requested.
(2) One-step approval; final plan. If site development will commence in one clearly defined time frame following zoning approval, only a final plan approval is required at the time DRD zoning is requested. The final plan contains all of the information required to effectuate a change of zoning, and thus a separate concept plan is unnecessary. For one-step approvals, the final plan will be evaluated using both the concept plan and final plan criteria.
(F) Concept plan. The concept plan depicts a general configuration and description of proposed land uses, structures, lot sizes and street and pedestrian networks. The concept plan is intended to be flexible and will provide an overall framework within which specific development will take place through the approval of the final plan.
(1) Concept plan submittal requirements. At the time of the initial request to change zoning to DRD, or for a revision to a previously approved concept plan, the following information must be included in the concept plan:
(a) Ownership and legal description of the property included in the project and of adjoining properties;
(b) Significant topographical features, including, but not limited to, watercourses, drainages, mountains and outcroppings, forested areas and historical/archeological sites/structures listed on the National Register of Historic Places or the State Register of Historic Places;
(c) Approximate location, size, scale and use of all existing and proposed land uses, structures, improvements and facilities to be constructed/reconstructed;
(d) Schedule of minimum setbacks for each type of land use;
(e) Proposed areas to be designated as open space, landscape areas, recreation areas or areas to be held in common ownership;
(f) A conceptual street plan showing projected locations for ingress and egress and internal circulation patterns;
(g) Application form and rezoning fee according to the approved fee schedule; and
(h) Such other conceptual information that is deemed appropriate by the Planning Commission.
(2) Concept plan approval criteria. In consideration of a request for concept plan approval, the Planning Commission and City Council shall take into account factors including, but not limited to:
(a) Conformance with the goals and policies of the comprehensive plan;
(b) Compatibility with and relationship to existing and potential uses adjacent to the proposed project;
(c) Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties;
(d) Community benefit of the proposed use(s);
(e) Aesthetic considerations related to the scope and size of the proposed use(s);
(f) Adequacy of public services for the proposed use(s); and
(g) Testimony received from the public at the public hearing.
(3) Concept plan review process and public hearing notice requirements.
(a) Upon receipt of a complete application containing the required information, the Zoning Administrator shall forward the concept plan for review and comment to all city department heads, the City Historic Preservation Commission and any applicable county, state and federal highway authority if the parcel receives access not within the right-of-way permitting jurisdiction of the city.
(b) The concept plan shall be presented at a meeting of the Planning Commission, which shall set a Planning Commission public hearing date. Alternatively, the Planning Commission may require additional information be provided before setting a public hearing date.
(c) The applicant shall, by certified mail, notify all property owners in the city limits within 140 feet of the property and owners of physically adjoining property outside the city limits of the Planning Commission’s public hearing. This notice shall be postmarked a minimum of ten days prior to the Planning Commission’s public hearing and shall include the hearing date, time and location.
(d) A notice containing the date, time and place of the Planning Commission’s public hearing shall be published in the official newspaper of the city. Such notice shall appear a minimum of ten days prior to the public hearing.
(e) Upon completion of the noticing requirements, the Planning Commission shall hold a public hearing and forward its recommendation to the City Council, fully setting forth the conditions of concept plan approval in its recommendation.
(f) A notice containing the date, time and place of the City Council’s public hearing shall be published in the official newspaper of the city. Such notice shall appear once for two consecutive weeks prior to the public hearing.
(g) Upon receiving public hearing testimony, the City Council shall take action on the concept plan and, if approved, shall provide written conditions of concept plan approval.
(G) Final plan. The final plan depicts detailed site development information and is required to be submitted after the approval of a concept plan, or along with the initial request to change zoning to DRD if the one-step approval process is used. In no instance may other related approval activities such as subdivision platting or issuance of a building permit commence without the approval of the final plan.
(1) Final plan submittal requirements. All final plans must include the following information:
(a) The ownership and legal description of the property included in the project and of adjoining properties;
(b) Location and siting, size and use of all structures, building setbacks, improvements and facilities to be constructed/reconstructed by the applicant, if applicable;
(c) Architectural elevations of all commercial and multi-family (three or more attached units) structures, if applicable;
(d) Location of all points of ingress and egress and their relationship to the existing transportation system and internal traffic circulation pattern;
(e) Street widths, materials of construction and curb/gutter, sidewalk and recreation paths, if applicable;
(f) Landscape plan, if applicable;
(g) Lighting plan;
(h) Parking plan;
(i) Drainage plan;
(j) Designation of all areas to be dedicated to the public or held in common ownership;
(k) Proposed covenants and restrictions, if applicable;
(l) Such other architectural and engineering data as may be required by the Planning Commission; and
(m) A preliminary plat may be submitted as a part of the final plan.
(2) Final plan approval criteria.
(a) In consideration of a request for final plan approval, the Planning Commission and City Council shall take into account of the following factors both the one-step and two-step types of final plan approval:
1. Conformance with permitted used, prohibited uses and minimum requirements for improvement and design;
2. Site and building design compatibility with and relationship to existing and potential uses adjacent to the proposed project;
3. Aesthetic considerations related to the scope and size of the proposed use(s);
4. Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties; and
5. Testimony received from the public, and comments received by departments, agencies and commissions as provided in divisions (F)(3)(a) above or (G)(4)(a) below, as applicable.
(b) In addition to the approval criteria above, for one-step final plans, (concurrent change of zoning plus final plan approval) the following shall also be taken into consideration:
1. Community benefit of the proposed use(s);
2. Conformance with the goals and policies of the comprehensive plan and compatibility with surrounding land uses; and
3. Adequacy of public services for the proposed use(s).
(3) Two-step final plan review process and meeting notice requirements.
(a) Final plans shall require a Planning Commission recommendation to the City Council who shall approve or deny on the final plan.
(b) Property owners within 140 feet of the property where final plan approval is sought shall be notified of the time, place and date for when the final plan approval will be discussed by the Planning Commission and City Council.
(c) Such notice shall be provided by:
1. Mailed notice sent by regular first class mail by the applicant and postmarked not less than seven days before the date of the Planning Commission meeting, with the date of the meeting counted as the seventh day; and
2. A sign posted on the site where approval is sought that provides the time, place and date for when the final plan approval will be discussed by the Planning Commission and City Council. The sign shall conform to the standards established by the Zoning Administrator and shall be posted not less than seven days before the date of the Planning Commission meeting, with the date of the meeting counted as the seventh day.
(4) One-step final plan review process and public hearing notice requirements.
(a) Upon receipt of a complete application, the Zoning Administrator shall forward the final plan for review and comment to all city department heads, the City Historic Preservation Commission and any applicable county, state and federal highway authority if the parcel receives access not within the right-of-way permitting jurisdiction of the city.
(b) The final plan shall be presented at a meeting of the Planning Commission, which shall set a Planning Commission public hearing date. Alternatively, the Planning Commission may require additional information be provided before setting a public hearing date.
(c) The applicant shall, by certified mail, notify all property owners in the city limits within 140 feet of the property and owners of physically adjoining property outside the city limits, of the Planning Commission’s public hearing. This notice shall be postmarked a minimum of ten days prior to the Planning Commission’s public hearing and shall include the date, time and location.
(d) A notice containing the date, time and place of the Planning Commission’s public hearing shall be published in the official newspaper of the city. Such notice shall appear a minimum of ten days prior to the public hearing.
(e) Upon completion of the noticing requirements, the Planning Commission shall hold a public hearing and forward a recommendation to the City Council, fully setting forth its findings and conditions, if any, pertaining to the recommendation.
(f) A notice containing the date, time and place of the City Council’s public hearing shall be published in the official newspaper of the city. Such notice shall appear once for two consecutive weeks prior to the public hearing.
(g) Upon receiving public hearing testimony, the City Council shall take action on the request for rezoning to the DRD and approval of the final plan. If approved, written conditions of final plan approval shall be provided.
(H) Revisions to an approved DRD concept plan or final plan. After approval of a final plan or concept plan, no substantial change in either plan, as determined by the Zoning Administrator, may be made without obtaining the recommendation of the Planning Commission and approval of the City Council, following the same procedure of the original applicable plan approval.
(Prior Code, App. A, Art. IV, § 10) (Ord. 969, passed 8-18-2003; Ord. 999, passed 2-7-2005; Ord. 1030, passed 6-19-2006; Ord. 1122, passed 8-16-2010; Ord. 1183, passed 12-16-2013; Ord. 1266, passed 9-18-2017; Ord. 1303, passed 12-2-2019; Ord. 1354, passed 10-18-2021)