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CHAPTER A
Procedures for Planned Community Development Districts (PCD)

A.01 Purpose and Intent
A.02 Scope of Planned Community
A.03 Preliminary Plan of Development
A.04 Referral for Review and Reports
A.05 Report to Council
A.06 Action by Council
A.07 Authority to Proceed
A.08 Change in Zone Map
A.09 Final Plan of a Development Area
A.10 Conditions for Approval
A.11 Action by Council on Final Development Plan
A.12 Building Permit
A.13 Progressive Development
A.14 Amendments to Plans
A.15 Transfer of Land from Standard Zoning Dist. to Planned Community Development Dist.

A.O1 PURPOSE AND INTENT.
To encourage skillful planning of parts of the community in accordance with the objectives of the Master Plan; to provide for the utilization of design criteria in the arrangements of buildings related to open space; and to utilize topography and other site features to best advantage to obtain creative and coordinated designs, it is necessary to expand the scope of land planning and development from a concept of individual lots and structures thereon to the planning and development of areas with permanent open space and various housing types arranged as a total coordinated entity.

Therefore, procedures, supplementary to those applicable in standard zoning districts created by this Zoning Code, are established under which a developer may prepare development plans particularly designed to meet these objectives. Procedures are also established for review of such development plans, action thereon by the City and the implementation thereof. Unless specifically stated herein, the development of PCD districts shall be governed by the terms and conditions of this section only.

The provisions of the PCD district are also intended to enhance the City's growth in a unified manner by:
preservation of natural site amenities;
providing varying housing types which address the functional and social needs of the residents; and
coordination of such planning with neighboring development.

It is the further intent of these regulations that the specific relationships of buildings to one another, to adjacent properties and streets are to be predicated upon the ingenuity and quality of the project's land planning and building design.

A.02 SCOPE OF PCD DISTRICTS.

A developer seeking to develop a parcel or parcels of land as a PCD district shall submit development area plans, including preliminary and final development applications, in accordance with the provisions of this chapter and other applicable parts of this Zoning Code in order to insure a unified design within the development area and coordination with surrounding areas.

Development area plans designed in accordance with the standards and design criteria set forth herein and in other applicable sections of this Zoning Code may include the following uses:

1) Single Family Dwellings
2) Cluster Single Family Dwellings (Attached & Detached)
3) Neighborhood Business Uses As Permitted In The B-l Zoning District
4) Other uses deemed appropriate and compatible by Planning Commission and Council

A.03 PRELIMINARY PLAN OF DEVELOPMENT AREA

An application for preliminary PCD approval shall be filed with the Clerk of Council by the owner(s) of the property for which the PCD is proposed. The application shall comply with the requirements of Section 1246.03(a) of the Codified Ordinances. The application shall further include a preliminary development plan indicating the location and arrangement of all uses proposed and, unless waived by the Planning Commission as not being applicable, the following:

A. Topography at two-foot contour interval, including property lines, easements, street right of ways, structures, and landscape features existing thereon;
B. The proposed vehicular traffic patterns, including the proposed location and design of public streets, the directional flow and location of proposed storm and sanitary sewers and sewers connecting with existing or proposed sewers outside of the development area, the proposed storm water management program, the location and design of parking and service areas and an estimate of traffic volumes to be generated, including the assignment of traffic to proposed entrances and exits;
C. The location of all proposed uses in the development area and all structures lying outside of the boundaries of the development area, located within 200 feet thereof; and
D. Such other relevant information as the Planning Commission may require.

The preliminary plan of a development area shall be prepared by professional persons qualified in the planning of land development. The engineering services required for the preparation of the preliminary plan shall be rendered by licensed professional persons.

A.04 REFERRAL FOR REVIEW AND REPORTS

Upon receipt of an application for preliminary PCD approval, the Clerk of Council shall transmit and refer a copy of the application to the Planning Commission, City Engineer and City Planner (or Planning Consultant) for their review, report and recommendation. The Clerk of Council shall also transmit a draft copy of all covenants, restrictions and easements to be recorded and covenants for maintenance to the Law Director for his review, report and recommendation.

The Law Director, Engineer and Planner shall each, within 15 days from the date of receiving a preliminary plan of the development area, provide and furnish to the Planning Commission a report upon their respective jurisdictions. Copies of each such report shall be filed with the Planning Commission, one copy shall be submitted to the Mayor and one copy shall be filed with the Council Clerk.

A.05 REPORT TO COUNCIL.

Within 60 days after an application has been filed with the Clerk of Council, the Planning Commission shall evaluate the application and reports issued by the City Engineer, City Planner (or Planning Consultant) and Law Director and issue its own report to City Council. The report of the Planning Commission shall include a finding either that the application complies with the design standards and criteria prescribed by this Zoning Code for a PCD District or a finding of any failure of such compliance and a recommendation that the application be approved, disapproved or modified. If; in any such evaluation, the Planning Commission finds that any standard or criteria prescribed by this Zoning Code is inapplicable because of unusual conditions of the development area or the nature and quality of the proposed design, it may recommend to Council that an adjustment in such standards or criteria be made, provided, however, that such adjustment will not be in conflict with the promotion of the public health and safety and the general welfare of the City.

If the Planning Commission does not act on the application within 60 days from the date of referral, it shall be deemed approved. (See Section 8.8 of the City Charter.)

A.06 ACTION BY COUNCIL.

Council, at its next regular meeting following receipt of the Planning Commission report, shall, in compliance with all requirements of Section 9.1 of the City Charter and Section 1246.03(d) of the Codified Ordinances, set a date for a public hearing on the preliminary plan of the development area, including the report of the Commission thereon, and give at least 30 days notice of the time, place and purpose of such hearing by publication in a newspaper of general circulation in the City.

Following Council's receipt of the Planning Commission's report and recommendation and the public hearing, Council shall either approve, disapprove or modify the preliminary plan. Council may affirm any report of the Planning Commission or disapprove a favorable report of the Planning Commission by a majority vote of its members. If Council reverses a report of the Commission recommending disapproval of a preliminary plan, it shall only do so by the affirmative vote of not less than two-thirds of its members.

A.07 AUTHORITY TO PROCEED.

Following approval by Council, the Clerk shall no' notify~ the applicant of such action, by registered or certified mail, and authorize said applicant to proceed with the preparation of the final plan of a development area, in accordance with the procedures and criteria set forth in the Zoning Code and any special conditions under which the application was approved.

A.08 CHANGE IN ZONING MAP.

Following approval of the application by Council, the Clerk shall cause a notation to be made on the Zoning Map to reflect the area which is included in the approved preliminary plan in a PCD District. If the developer does not complete and file a final plan of a phase of the development area within one (1) year, the approval of the preliminary plan shall lapse and the notation of such approval shall be removed from the Zoning Map.

Following approval of the application by Council and the notation of the Zoning Map, the legislative process for rezoning the PCD shall be complete. Review and approval of the PCD's final development application shall be solely administrative in nature.

A.09 FINAL plan OF DEVELOPMENT AREA.

The developer of any parcel or parcels of land for which a preliminary plan has been approved by Council shall submit a final development plan of a phase or area to be developed within the PCD district to the Planning Commission.

The final plan of the development area shall conform with Section 1224.02 of the Codified Ordinances and contain and be accompanied by the following:

A. A site plan, including all proposed uses, parking areas and drives, the proposed public and private street system with rights of way and easements, and the use of all land including common and private land;
B. Detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination, parking areas and drives, storm water management, and all other site features of the development area or that portion of the development to be developed, designed in accordance with the applicable municipal codes;
C. A grading and landscape plan showing all site features, and facilities;
D. All covenants running with the land, deed restrictions, (including the use of common land), covenants, restrictions or easements to be recorded, declaration of covenants, restrictions and bylaws of a homeowners' association and its incorporation, declaration of condominium ownership and other covenants, if any, for maintenance.

The Planning Commission may require additional drawings to supplement the above when more information is needed or special conditions occur.

A.1O CONDITIONS FOR APPROVAL BY COMMISSION.

If the Planning Commission finds that a proposed final plan of a development area is in accordance with and represents a detailed expansion of the preliminary plan heretofore approved by Council, that it complies with all of the conditions which may have been imposed in the approval of such preliminary plan, that it is in accordance with the design criteria and provisions of this Zoning Code which apply particularly to any plan of a development area, that all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed, the Commission shall then approve such final plan and certify its approval to the Clerk of Council.
If the Planning Commission determines that the final development plan is not in compliance with the specifications of this Zoning Code and the Criteria set forth in section 1224.02 of the Codified Ordinances, the Planning Commission shall disapprove the final development plan.
If the Planning Commission does not act of the application within sixty (60) days from the date of referral, it shall be deemed approved. (See Section 8.8 of the City Charter.)

A.11 ACTION BY COUNCIL ON FINAL DEVELOPMENT.

Council, at its next regular meeting following receipt of the Planning Commission report, shall, in compliance with all requirements of Section 9.1 of the City Charter and Section 1246.03(d) of the Codified Ordinances, set a date for a public hearing on the final development plan, including the report of the Commission thereon, and give at least 30 days notice of the time, place and purpose of such hearing by publication in a newspaper of general circulation in the City.

Following Council's receipt of the Planning Commission's report and recommendation and the public hearing, Council shall either approve, disapprove or modify the final development plan. Council may affirm any report of the Planning Commission or disapprove a favorable report of the Planning Commission by a majority vote of its members. If Council reverses a report of the Planning Commission recommending disapproval of a preliminary plan, it shall only do so by the affirmative vote of not less than two-thirds of its members.

A.12 BUILDING PERMITS.

Following the approval of a final plan of a development area, the Building Commissioner shall be so notified and building and other permits may be issued following approval of building construction plans and payment of all required fees.

A.13 PROGRESSIVE DEVELOPMENT.

A developer, having obtained final approval of any preliminary plan of a development area, may accomplish the development in progressive phases as may be approved by the Planning Commission.

A.14 AMENDMENT TO PLANS.

At any time after the approval of a preliminary plan or a final plan of a development area, the owner or owners may apply for an amendment to said plan.
If the application for amendment seeks to add contiguous property of less than 200 acres to a previously established PCD district or depart from the intent of the previously approved PCD district, it shall conform with the requirements of Section A.03 and be filed with the Clerk of Council. The City shall then process the application in accordance with the procedures set out in Sections A.04, A.05, A.06, A.07 and A.08.
If the application seeks a change or modification consistent with the intent of the previously established PCD district, it shall conform with the requirements of Section A.09 and be filed with the Planning Commission. The City shall then process the application in accordance with Sections A. 10 and A. 11.

A.15 TRANSFER OF LAND FROM STANDARD ZONING DISTRICT TO PCD DISTRICT.

Land in a standard zoning district being planned for transfer to a PCD District shall be subject to all provisions of this Zoning Code applicable in such standard zoning district until a notation is made on the Zone Map reflecting the area in as a PCD District.

CHAPTER B
Planned Community Development (PCD) District - Uses, Criteria and Standards

B.01 Intent.
B.02 Definitions.
B.03 Permitted Buildings and Uses.
B.04 Land Planning Criteria.
B.05 Minimum Development Area.
B.06 Common Open Space Area.
B.07 Maximum Development Area Density.
B.08 Area, Yard and Height Regulations.
B.09 Dwelling Unit Area
B.10 Vehicle Storage and Off-Street Parking
B.11 Cluster Area-Site Design and Approval
B.12 Cluster Area Access and Vehicular Circulation
B.13 Cluster Area Improvements
B.14 Streets/PCD Developments

B.O1 INTENT.
Uses, criteria and standards are established in this chapter with respect to the planning of land and the arrangements of buildings and open spaces for those areas which are covered by preliminary and final plans for their development. The application of the criteria, uses and standards set forth in this chapter are intended to result in the optimum development and use of land in the City. They are intended to ensure full consideration of every planning element pertinent to the objective of sound urban design in order that all improvement values and planning objectives will be fully explored.

It is the further intent of these regulations that the specific relationships of building and parking to one another, to adjacent properties and streets are to be predicated upon the ingenuity and quality of the project's land planning and building design.

B.02 DEFINITIONS.

A. "Single family dwelling means a dwelling unit located on an individual lot meeting the width and area requirements of this chapter.

B. "Cluster single family dwelling means a separate dwelling located in a planned arrangement with ther similar dwellings and adjoining open adjacent areas.

C. "Attached cluster single family dwelling means a dwelling unit attached to an adjoining dwelling unit by a common wall(s) and roof and having two separate entrances.

D. "Open space area" means an area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts, golf courses and other recreational uses and facilities including club houses and parking lots used exclusively therefor. The area may also include other uses as deemed permissible by the City Planning Commission and Council. Streets, structures for habitation and parking for those structures and the like shall not be included.

E. "Neighborhood business use" means those uses permitted in Section 1264.02 of this Zoning Code.

B.03 PERMITTED BUILDINGS AND USES.
Buildings and land shall be used, and buildings shall be erected, altered, moved and maintained, in a PCD District, only in accordance with the following uses:

A. Main Buildings and Uses.

1. Single family dwellings.

2. Cluster single family dwellings (detached and attached).

3. Neighborhood business uses (as permitted in Section 1264.02).

4. Open space uses such as natural environmental features, terms courts, club houses, swimming pools, golf courses and other recreational facilities and parking lots used therefor and such other uses as deemed appropriate by the Commission and Council, are part of the required open space with the PCD. Such facilities shall be commonly or privately owned and maintained.

B. Ancillary Uses.
1. Active and passive recreation areas.
2. Off-street parking areas.
3. Storm water management elements.

(Continued on "PLANNED COMMUNITY DEVELOPMENT PAGE 2")

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Page Updated Fri Oct 1, 2004 11:19pm EDT