Lincoln Municipal Code § 18.32.010 Purpose

This district is established to encourage and provide for a creative and more flexible approach to the use of land; to maximize the choices of types of living environments available to the people of the city; and to encourage more efficient allocation and maintenance of privately controlled common open space through the redistribution of overall densities where such a rearrangement is desirable and feasible.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.000, 1979)

It is the intention of this chapter to carry out the purposes set forth in the preceding section by providing the means for greater creativity and flexibility in environmental design than is provided under the strict application of this title while protecting the public health, safety and welfare, and property values. Various land uses may be combined in a planned development to include combinations of residential, commercial, industrial, utility, institutional, educational, cultural, recreational and other uses, provided that combination of uses results in a balanced and stable environment.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.010, 1979)

A planned development, or a unit thereof, shall be of sufficient size that its construction, marketing and operation is feasible as a complete unit independent of any subsequent unit. Generally, developments of less than ten acres are not acceptable.

(Ord. 375B §2 (part), 1980: Ord. 357B §3.12.020(1), 1979)

As provided in this chapter, the approved preliminary development plan for the property within the PD zone specifies the uses to which such property may be put, the locations of such uses, intensity of land use, and other criteria which constitute the development restrictions applicable to the property.

(Ord. 357B §3.12.020(2), 1979; Ord. 375B §2(part), 1975)

Where the planned development provides open space areas or recreation facilities which are privately owned, but commonly shared among the property owners, and such open space and/or recreation facilities are not maintained in a condition consistent with the approved development, the city may, at its option, cause such maintenance to be performed and assess the cost to the affected property owners or responsible homeowners' association, or cause a lien to be placed on the affected property, to be collected with the taxes thereon.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.020(3), 1979)

The purpose of the preliminary development plan is to show the overall development scheme for the affected area and to indicate the sequence in which individual portions of the area will be developed.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.030(1), 1979)

The developer shall submit to the planning department a preliminary development plan which shows the overall development scheme and indicates the sequence in which individual portions of the area will be developed. Such plan shall include:

(1) Maps or drawings which may be schematic in form;

(2) All interior property lines;

(3) Land use, existing and proposed;

(4) Location and size of existing streets and location of the proposed circulation system;

(5) Name(s) of the owner, developer and consultant;

(6) Public uses, including schools, parks, recreational areas and other open space, and method of maintaining public open space;

(7) The use and general description of each different type of structure or building;

(8) Written explanation of the nature of the proposed development and any deviations from regulations otherwise applicable to the property;

(9) Generalized topography and proposed changes;

(10) Utilities, existing and proposed, serving the area;

(11) Vegetation and proposed changes;

(12) Proposed sequence and schedule, or phasing, of development.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.030(2), 1979)

After review by the planning department, the proposed preliminary development plan shall be submitted to the planning commission as a proposed rezoning of the property to the PD zone. The commission shall follow the same procedures as in any rezoning, and shall have full authority to alter or modify the preliminary development plan.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.030(3), 1979)

The preliminary development plan shall be considered by the city council following the same procedures as in any rezoning. The city council may alter or modify the proposed preliminary development plan. If the rezoning is approved, the preliminary development plan becomes the development restrictions for the PD zone covered by the plan and thereafter shall be designated the "general development plan." The general development plan, as approved, shall consist of a map, together with relevant text materials, showing:

(1) All land uses;

(2) Intensity of land use as measured by units per acre, area coverage or other acceptable description;

(3) Major circulation;

(4) A division of the area to be developed into smaller areas, called "phases," and the sequences of their development, unless the entire plan is to be carried out simultaneously.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.040, 1979)

Each phase of the general development plan, or the entire general development plan if it is to be carried out simultaneously, shall be developed only after issuance of a development permit by the city council or planning commission as provided for in Section 18.32.130.

(Ord. 621B §1, 1994: Ord. 375B §2(part), 1980: Ord. 357B §3.12.050(1), 1979)

A specific development plan shall be submitted to the planning commission with an application for a development permit. Such plan shall consist of a map and necessary textual materials showing:

(1) The boundaries of the specific development plan;

(2) The size and location of all public utility easements;

(3) The exact location and width of all streets, sidewalks, bike trails, pedestrian paths or other areas used for the conveyance of vehicular, pedestrian, bicycle, equestrian or other traffic;

(4) The typical location of individual residential structures and the actual location of multifamily, business and commercial structures;

(5) The number of units per gross acre;

(6) The general landscaping features;

(7) The location and size of any proposed park or recreational area, and an indication of whether or not the same is to be publicly or privately owned;

(8) The location of any public facilities, including but not limited to fire stations, school sites, utility substations or other facilities;

(9) The location of parking areas;

(10) The location and screening of refuse disposal areas;

(11) Major points of vehicular access to and from multifamily, business and commercial structures;

(12) The location and size of all fencing or screening;

(13) A designation of the use of all open space, whether publicly or privately owned, and the person or group responsible for its maintenance;

(14) The location and size of any proposed signs, exclusive of traffic-control and street signs;

(15) Contour lines at intervals designated by the city engineer.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.050(2), 1979)

In conjunction with the specific development plan map, there shall be submitted the following:

(1) A preliminary grading plan;

(2) For business or commercial areas, an economic feasibility study as to the need and projected use of such facilities;

(3) Detail concerning the landscaping, including the type and size of plant materials to be used;

(4) Such other and further information as the planning department or the planning commission may deem necessary.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.050(3), 1979)

A public hearing on the development permit for residential development shall be held by the planning commission after a completed application has been received and shall be noticed in the same manner as would be done for a rezone. After the close of public hearing, the planning commission shall forward to the city council a recommendation for approval, approval with conditions or disproval of the residential development permit. The planning commission shall not recommend approval unless it finds that the proposed development is consistent with the general development plan. A public hearing on the development permit for commercial, business and professional, and industrial development shall be held by the planning commission after a completed application has been received and shall be noticed in the same manner as would be done for a rezone. At the close of the public hearing, the planning commission may take action to approve, approve with conditions, or deny the permit. The planning commission shall not approve a commercial, business and professional, or industrial development permit unless it finds the proposed development consistent with the general development plan. No action by the city council shall be required for development permits involving industrial, business and professional, or commercial development.

(Ord. No. 964B, § 17, 5-8-2018; Ord. 621B §2, 1994: Ord. 375B §2(part), 1980: Ord. 357B §3.12.050(4), 1979)

Except as provided for in Section 18.32.130, a public hearing to consider the planning commission recommendation and the development permit shall be held by the city council and shall be noticed in the same manner as would be done for a rezone. After the close of the public hearing, the city council shall approve, approve with conditions or disapprove the development permit. A development permit shall not be approved unless the city council finds that the proposed development is consistent with the general development plan.

(Ord. 621B §3, 1994: Ord. 375B §2(part), 1980: Ord. 357B §3.12.050(5), 1979)

(a) A tentative subdivision map may be processed simultaneously with a request for a development permit or after the approval thereof.

(b) No development permit shall be valid until a final map, as defined by the Subdivision Map Act and implementing ordinances of the city, has been filed with the county recorder.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.060, 1979)

Upon approval of a development permit, and compliance with other applicable regulations, development of the area covered by the specific development plan may commence, provided that all necessary building permits and other required entitlements are obtained.

(Ord. 375B §2(part), 1980: Ord. 357B §3.12.070, 1979)

(a) A development permit not exercised within four years of approval shall expire and become void, unless a condition of approval specifies an alternative time expiration limit. An extension of time may be applied for in compliance with subsection (b).

(b) The community development director may grant one extension of time for a period not exceeding two years, provided application for an extension is made prior to expiration of the original entitlement. Extension decisions are appealable to the applicable body above the specific decision maker (i.e., a community development director decision may be appealable to the planning commission).

(Ord. No. 1081B, § 5(5.1A), 8-27-2024; Ord. 375B §2(part), 1980: Ord. 357B §3.12.080, 1979)