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HomeMy WebLinkAboutOrdinance 4434 Planned Zoning District. A zoning district that allows for comprehensively planned developments for either single-use or mixed-use and permits development and zoning review as a simultaneous process. Private Open Space. The outdoor living area directly adjoining a dwelling unit or building, intended for the private enjoyment of the residents or occupants of the dwelling unit or building and defined in such a manner that its boundaries are evident. Public Open Space. Open space, including but not limited to, any park, lake, stream, playground ,or natural area, commonly open to the public. Recreational Structures. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground that has a primary use that is recreation in nature. Among other things, recreational structures include tennis courts, basketball courts, swimming pools and jogging trails. Section 6. That § 166.05 (A) Requirement is hereby repealed and replaced with the following: §166.05 Large Scale Development A. Requirement. The development of a lot or parcel larger than one acre or development of a Planned Zoning District must be processed in accordance with the requirements for a large-scale development. Section 7. That § 166.60 Planned Unit Development of the Unified Development Ordinance is hereby repealed. PASSED and APPROVED this the 19's day of November, 2002. F"pY E. I Vit. � V APPjDCOODY, Cr. By: Mayor A By. ATHER WOODRUFF, City Cly}. EXHIBIT "A" To be inserted in Chapter 161 Zoning Regulations: §161 .22 District PZD Planned Zoning District. A. Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single-purpose or mixed-use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. 1 . Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. 2. Compatibility. Providing for compatibility with the surrounding land uses. 3. Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. 4. Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. 5. No negative impact. Does not have a negative effect upon the future development of the area; 6. Coordination. Permit coordination of the planning of the land surrounding the PZD and cooperation between the City and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. 7. Open Space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. 8. Natural Features. Maximum enhancement and minimal disruption of existing natural features and amenities. 9. General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. 10. Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. B. Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166 Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of a specific master development plan and development standards. 0 0 C. R - PZD Residential Planned Zoning District a. Purpose and intent. The R-PZD is intended to accommodate mixed-use or clustered residential developments and to accommodate single-use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: 1 . To encourage a variety and flexibility in land development and land use for predominately residential areas, consistent with the city's general plan and the orderly development of the city. 2. To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. 3. To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. 4. To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. 5 . To encourage the efficient use of those public facilities required in connection with new residential development. b. Permitted Uses. Unit 1 City- ide Uses by Right Unit 2 City- ide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 5 Government Facilities Unit 8 Single-Family and Two-Family Dwellings Unit 9 Multifamily Dwellings — Medium Density Unit 10 Multifamily Dwellings — High Density Unit 12 Offices, Studios and Related Services Unit 15 1 Neighborhood Shopping Unit 19 Commercial Recreation Unit 25 Professional Offices Unit 26 Single-Family Dwelling Unit 29 Single-Family, Two-Family and Three-Family Dwellings c. Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the gross floor area within the development. D. C-PZD Commercial Planned Zoning District L Purpose and intent. The C-PZD is intended to accommodate mixed-use developments containing any combination, including multiple combinations of commercial, office or residential uses in a carefully planned configuration in such a manner as to protect and enhance the availability of each independent use. The C-PZD is also intended to accommodate single use commercial developments that are determined to be more appropriate for a PZD application than a general commercial rezone. The legislative purposes, intent and application of this district include, but are not limited to, the following: a. To encourage the clustering of commercial and office activities within areas specifically designated to accommodate such uses and to discourage the proliferation of commercial uses along major thoroughfares and noncommercial areas. b. To provide for orderly development in order to minimize adverse impact on surrounding areas and on the general flow of traffic. c. To encourage orderly and systematic commercial, office or mixed use development design or a combination thereof, providing for the rational placement of activities, vehicular and pedestrian circulation, access and egress, loading, landscaping and buffering strips. d. To encourage commercial development which is consistent with the city's general plan. e. To accommodate larger scale suburban developments of mixed-uses in a harmonious relationship. 2. Permitted Uses. Unit 1 City-Wide Uses by Right Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 5 Government Facilities Unit 8 Single-Family and Two-Family Dwellings Unit 9 Multifamily Dwellings — Medium Density Unit 10 Multifamily Dwellings — High Density Unit 12 Offices, Studios and Related Services Unit 13 Eating Places Unit 14 Hotel, Motel and Amusement Facilities Unit 15 Neighborhood Shopping Unit 16 Shopping Goods Unit 17 Trades and Services Unit 18 Gasoline Service Station and Drive-In Restaurants Unit 19 Commercial Recreation Unit 20 Commercial Recreation, Large Sites Unit 21 Warehousing and Wholesale Unit 25 Professional Offices Unit 26 Single-Fanuly Single—FamilyDwelling Unit 29 Single-Family, Two-Family and Three-Faryffly Dwellings 3. Conditions a. In no instance shall the commercial or office use area be less than fifty-one percent (51 %) of the gross leasable floor area within the development. b. Residential uses must be appropriate to the design of the project. 0 0 c. Warehousing and light industrial uses shall have a gross area per use that does not exceed five thousand (5,000) square feet and at least twenty percent (20%) of the floor area used for retail sales. 0 • E. I-PZD Industrial Planned Zoning District 1 . Purpose and intent. The I-PZD is intended to accommodate industrial parks and single use industrial developments that are determined to be more appropriate for a PZD application than a general industrial rezone. The legislative purpose, intent and application of this district include, but are not limited to, the following: a. To provide for manufacturing activities in a manner compatible with the surrounding area. b. To encourage the application of sound planning and design principles in the orderly development of industrial activities. c. To maximize manufacturing potential without adversely affecting the living environment of the community. d. To encourage industrial development that is consistent with the city's general plan. 2. Permitted Uses. Unit 1 City-Wide Uses by Right Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 8 Single-Family and Two-Family Dwellings Unit 9 Multifamily Dwellings — Medium Density Unit 10 Multifamily Dwellings — High Density Unit 12 Offices, Studios and Related Services Unit 13 Eating Places Unit 14 Hotel, Motel and Amusement Facilities Unit 15 Neighborhood Shopping Goods Unit 16 Shopping Goods Unit 17 Trades and Services Unit 18 Gasoline Service Stations and Drive-in Restaurants Unit 20 Commercial Recreation, Large Sites Unit 21 Warehousing and Wholesale Unit 22 Manufacturing Unit 23 Heavy Industrial Unit 25 Professional Offices Unit 26 Single-family Dwellings Unit 27 Wholesale Bulk Petroleum Storage Facilities with Underground Storage Tanks Unit 28 Center for Collecting Recyclable Materials Unit 31 Facilities Emitting Odors and Facilities Handling Explosives 3. Conditions. a. In no instance shall the industrial use area be less than fifty-one percent (51 %) of the gross leasable floor area within the development. b. Ancillary commercial and office uses shall be compatible with the design and scale of the project. c. Residential uses must be appropriate to the scope and character of the development. 0 0 F. Bulk and Area Regulations 1 . Residential density. Residential densities shall be determined on the basis of the following considerations: a. The densities of surrounding development; the densities allowed under the current zoning; b. the urban development goals and other policies of the city's general plan, c. the topography and character of the natural environment, and d. the impact of a given density on the specific site and adjacent properties. 2. Lot Area and Yard Requirements. Taking into consideration the unique aspects of each project, preliminary development plans for Planned Zoning Districts shall conform as closely as possible to the existing standards for lot area minimums and yard requirements under this chapter. 3 . Building height. There shall be no maximum building height except as may be determined by the Planning Commission during the review of the preliminary development plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. A lesser height may be established by the Planning Commission when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the community. 4. Building area. The Planning Commission shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts said development scheme. EXHIBIT `B" To be inserted in Chapter 166: Development. §166.18 Planned Zoning District Developments A. Applicability. To be considered for a planned zoning district, the applicant shall meet all of the following criteria: 1 . Location. Eligible properties include those located within the city limits. 2. Ownership. Eligible applicants for preliminary plan review shall be a landowner of record or an authorized agent. The approved development plan shall be binding on all subsequent Wvners of the land until revised or modified. 3. Size. There shall be no minimum tract size for a PZD application. B. Application. The initial application for a PZD shall include the following items: 1. Application. Complete application form to request a PZD. 2. Copies. Copies of a development plan in accordance with the submission requirements on the project application form. Copies of a preliminary plat if a subdivision of land is proposed in accordance with the preliminary plat application form. 3. Fee. Applicant shall pay all required filing fees for a planned zoning district as set forth in Chapter ' 159 Fees of the UDO. If a subdivision of land is proposed, a fee for the preliminary plat shall also be paid. C. Review and Approval Procedures. 1 . Pre-application meeting. Before submitting an application the landowner or authorized agent shall confer with the Planning Division in order to become familiar with the development review process. The staff shall inform the applicant of any perceived problems that may arise. A further purpose of the pre-application meeting is to make sure the applicant has, or will be able to, submit the necessary information for filing the application. The intent of this conference is to provide guidance to the applicant prior to incurring substantial expense in the preparation of plans, surveys and other data required in a preliminary plan. 2. Planning Commission. All planned zoning district applications shall follow the procedures for large scale development as set forth in § 166.05 Large Scale Development. If a subdivision of land is proposed, the applicant shall obtain subdivision approval as set forth in 166.01 Subdivision Approval. 3. City Council. If the development plan is approved by the Planning Commission, it shall be forwarded to the City Council for review. The City Council may grant or deny as submitted, or as they may so amend, defer for requested changes or more information, or return the application to the Planning Commission for further study. The applicant shall not modify to a design other than that reviewed by the Planning Commission prior to City Council review. The City Council may direct Planning Commission to reconsider specific aspects of the plan. If the development plan is approved, an ordinance shall be prepared which incorporates the plan and conditions. 4. Appeals. Appeals from the action of the Planning Commission shall be in accordance with Chapter 155 Appeals of the UDO. 5. Repeals. The owner of an approved planned zoning district may, for cause, request repeal of the ordinance establishing the development when it has been determined that the development will not occur. A written request may be filed with the city clerk at any time up to three (3) years after the date of adoption of the ordinance creating the planned zoning district. The request shall be addressed to the Mayor and City Council, setting forth the cause for repeal. The request shall be set for a public hearing at the earliest possible time to expedite the required action. The owner of the subject planned zoning district zoned land shall provide notice of hearing to adjacent property owners. Notice to others as required by law shall be provided by city staff and signs shall be posted. D. Development Standards, Conditions and Review Guidelines 2. Generally. The Planning Commission shall consider a proposed PZD in light of the purpose and intent as set forth in Chapter 161 Zoning Regulations, and the development standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning shall involve a consideration of tree preservation, water conservation, preservation of natural site amenities, and the protection of watercourses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building locations, common usable open space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. 3. Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the Planning Commission shall require landscaping and screening as part of a PZD. The screening and landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part of the development plan, a detailed screening and landscaping plan shall be submitted to the Planning Commission. Landscape plans shall show the general location, type and quality (size and age) of plant material. Screening plans shall include typical details of fences, berms and plant material to be used. 4. Traffic circulation. The following traffic circulation guidelines shall apply: a. The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes. b. The traffic circulation system shall be comprised of a hierarchal scheme of local collector and arterial streets, each designed to accommodate its proper function and in appropriate relationship with one another. c. Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses. d. Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned zoning development. e. Internal local streets shall be designed to discourage through traffic within the planned zoning development and to adjacent areas. f Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. 5. Parking standards. The off-street parking and loading standards found in Chapter 172 Parking and Loading shall apply to the specific gross usable or leasable floor areas of the respective use areas. 6. Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter of this code. 7. Sidewalks. As required by § 166.04. 8. Street Lights. As required by § 166.04. 9. Water. As required by § 166.04. 10. Sewer. As required by § 166.04. 11. Streets and Drainage. Streets within a residential PZD may be either public or private. a. Public Streets. Public streets shall be constructed according to the adopted standards of the City. b. Private Streets. Private streets within a residential PZD shall be permitted subject to the following conditions: (1.) Private streets shall be permitted for only a loop street, or street ending with a cul- de-sac. Any street connecting one or more public streets shall be constructed to existing City standards and shall be dedicated as a public street. (2). Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted below. (3). All grading and drainage within a Planned Zoning District including site drainage and drainage for private streets shall comply with the City's Grading (Physical Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (4). Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (5). The plat of the planned development shall designate each private street as a "private street." (6). Maintenance of private streets shall be the responsibility of the developer or of a neighborhood property owners association (POA) and shall not be the responsibility of the City. The method for maintenance and a maintenance fund shall be established by the PZD covenants. The covenants shall expressly provide that the City is a third party beneficiary to the covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of the other parties to the covenants. (7). The covenants shall provide that in the event the private streets are not maintained as required by the covenants, the City shall have the right (but shall not be required) to maintain said streets and to charge the cost thereof to the property owners within the PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes and shall have a lien on the real property within the PZD for such cost. The protective covenants shall grant the City the right to use all private streets for purposes of providing fire and police protection, sanitation service and any other of the municipal functions. The protective covenants shall provide that such covenants shall not be amended and shall not terminate without approval of the City Council. (8). The width of private streets may vary according to the density served. The following standard shall be used: Paving Width No On-Street Parking) Dwelling One-Way Two-Way Units 1 - 20 14' 22' 21 + 14' 24' *Note: If on-street parking is desired, 6 feet must be added to each side where parking is intended. (9). All of the traffic laws prescribed by Title VII shall apply to traffic on private streets within a PZD. (10.) There shall be no minimum building setback requirement from a private street. (11). The developer shall erect at the entrance of each private street a rectangular sign, not exceeding 24 inches by 12 inches, designating the street a "private street" which shall be clearly visible to motor vehicular traffic. 12. Construction of Nonresidential Facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in the initial phase, the developer shall enter into a contract with the City to guarantee completion of the nonresidential facilities. 13. Tree Preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. 14. Commercial Design Standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in § 166. 14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. 15. View Protection. The Planning Commission shall have the right to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. E. Revocation. 1 . Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: a. Building permit. If no building permit has been issued within the time allowed. b. Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. c. Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of 0 0 construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. 2. Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. 3. Effect. In the event of revocation, any completed portions of the development or those portions for which building permits have been issued shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. F. Covenants, trusts and homeowner associations. 1. Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement district, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreation areas and communally-owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning Commission as to the suitability for the proposed use of the open areas. The aforementioned legal instruments shall be provided to the Planning Commission together with the filing of the final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form. 2. Common areas. If the common open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern the association with the application for final plan approval. The provisions shall include, but not necessarily be limited to, the following: 1 . The homeowner's association must be legally established before building permits are granted. 2. Membership and fees must be mandatory for each home buyer and successive buyer. 3. The open space restrictions must be permanent, rather than for a period of years. 4. The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments. 5. Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property. 6. The association must be able to adjust the assessment to meet changing needs.