(A) Purpose.
(1) The (PD) Planned Development District is intended to provide for combining and mixing uses into integral land use units such as industrial parks; industrial, office and commercial centers; residential developments with multiple or mixed housing types; or any appropriate combination of uses which may be planned, developed or operated as integral land use units, whether by a single owner or a combination of owners.
(2) After a public hearing has been convened and proper notice to all affected property owners has been made in accordance with provisions of this chapter, and after a recommendation by the Planning Board and Zoning Commission has been submitted, the City Commission may authorize the creation of a (PD) Planned Development District on:
(a) Residential developments on tracts of 20 acres or more;
(b) Mixed use developments on tracts of 20 acres or more; or
(c) Developments on tracts of less than 20 acres when the Planning Board, Zoning Commission and City Commission have determined that the area to be rezoned cannot be rezoned to any other zoning district without creating the potential of adversely affecting adjacent properties.
(B) General provisions.
(1) Permitted uses. The uses to be permitted in any specific (PD) Planned Development District shall be enumerated in the ordinance that creates such district. Any proposed amendment to the uses permitted within a specific (PD) Planned Development District shall be submitted and processed in accordance with division (E) below.
(2) Procedure.
(a) The steps necessary to request creation of a (PD) Planned Development District shall be as follows:
1. Preapplication conference between the applicant and the Director of Transportation and Planning or his or her designee for presentation and discussion of a preliminary drawing (reference division (C) below); and
2. Submission of the formal application form for a change of zoning with all required material.
(b) Every (PD) Planned Development District approved under the provisions of this chapter shall be considered an amendment to this chapter and applicable only to the property involved.
(c) In carrying out the development of a (PD) Planned Development District, the development conditions and the development schedule shall be complied with. Such conditions as are specified for the development of a (PD) Planned Development District shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy by the city.
(C) Preapplication requirements.
(1) Preapplication conference.
(a) An applicant for a Planned Development District (PD) shall schedule a preapplication conference with the Director of Transportation and Planning or his or her designated representative prior to the formal submission of the application materials. At the preapplication conference, the applicant shall provide a preliminary drawing that includes, but is not limited to, the following:
1. Delineation of site boundaries;
2. General site layout indicating relationship of proposed land uses, parking and street layout(s);
3. Proposed residential development densities;
4. Approximate gross square footage of non-residential uses where applicable;
5. Projected building heights;
6. General topographic conditions;
7. Significant environmental features, including floodplains and watercourses; and
8. Delineation of approximate acreage for each land use specified.
(b) Based on the information provided by the applicant, the Director of Transportation and Planning or his or her designee shall provide initial comments concerning the merits of the proposed development and provide any other information necessary to aid the applicant in the preparation of the formal application.
(2) Application submission. Any person, group of persons or corporation having a proprietary interest in any property may file an application for a (PD) Planned Development District. Such application shall be submitted and processed in accordance with the provisions of this chapter.
(3) Formal public hearing.
(a) The Planning Board and Zoning Commission shall make their recommendations to the City Commission in accordance with the standard procedures for a change of zoning in the city. The Planning Board and Zoning Commission may recommend, and the City Commission may approve the request for a Planned Development District (PD) as submitted or make any modifications thereto as may be appropriate.
(b) In approving the ordinance establishing the Planned Development District (PD), the City Commission shall, after recommendation of the Planning Board and Zoning Commission, specify such height, floor area, density, site coverage, setback, landscaping, off-street parking and all other standards as are appropriate for the development which are considered necessary to protect the health, safety and general welfare, and to create a reasonable transition, to and protection from, property adjacent to the Planned Development District (PD).
(D) Development schedule.
(1) If the applicant desires, or if the Planning Board, Zoning Commission or City Commission requires, a development schedule shall be submitted indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule shall, if adopted and approved by the City Commission, become part of the ordinance creating such Planned Development District (PD), and shall be adhered to by the owner, developer and successors in the interest.
(2) The Planning Board and Zoning Commission or the City Commission may, if in their opinion the owner or owners of the property are failing or have failed to meet the approved schedule, initiate proceedings to amend the ordinance of the Planned Development (PD) District, or remove all or part of the Planned Development (PD) District from the Official Zoning Map and place the area involved in another appropriate zoning district. Such action shall occur in accordance with the provisions of this chapter. Upon the recommendation of the Planning Board and Zoning Commission, and for good cause shown by the owner or developer, the City Commission may extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case.
(E) Amendment to Planned Development (PD) District.
(1) Any major amendment, supplement, deletion or modification to the Planned Development (PD) District may be granted by the City Commission upon application by any person, group or persons or corporation having a proprietary interest therein. Any application for such amendment, supplement, deletion or modification shall contain the information specified in this chapter and shall be processed in accordance with the procedures set forth in division (C) above. The Director Transportation and Planning, Mayor or their designated representatives may authorize minor modifications that:
(a) Do not alter the basic relationship of the proposed development to adjacent property;
(b) Do not alter the uses permitted;
(c) Do not increase the maximum density, floor area, height or site coverage;
(d) Do not decrease the amount of off-street parking; and
(e) Do not reduce the minimum yards or setbacks.
(2) An applicant may appeal the decision of the Director of Transportation and Planning, Mayor or their designated representative to the Zoning Board of Adjustment for review and decision as to whether a formal amendment to the Planned Development (PD) District shall be required.
(F) Coordination with subdivision ordinance.
(1) It is the intent of this section that subdivision review under the subdivision regulations of the city be carried out simultaneously with the review of a Planned Development (PD) District under the provisions of this chapter.
(2) Both this chapter and Ch. 159 of this chapter contain regulations that apply to such matters in the design of a Planned Development (PD) District such as streets, utilities and open spaces. In any Planned Development (PD) District for which the provisions of the two ordinances are in conflict, the Director of Transportation and Planning shall submit a recommendation to the Planning Board and Zoning Commission, which shall determine which standard shall prevail.
(1998 Code, App. A, § 40-48) (Ord. 01-07, passed 3-21-2001)