Chapter 13.29 — PLANNED DEVELOPMENT (PD) ZONING DISTRICT

• A. The planned development (PD) zone provides the means for greater creativity and flexibility in environmental design than is provided under the strict application of the zoning, site and subdivision ordinances, while at the same time protecting the public health, safety and welfare and property values. Various land uses may be combined in a planned development zone including combinations of residential, commercial, office, industrial, utility, institutional, educational, cultural, recreational and other uses, provided the combination of uses results in a balanced and stable environment.

The town expects each project within a PD district to be of obvious and significantly higher quality than would be achieved through conventional design practices and standards.

• B. The specific purposes of the planned development zone are to:

  1. Promote and encourage cluster development on large sites to avoid sensitive areas of property;

  2. Encourage creative and innovative design on large sites by allowing flexibility in development standards;

  3. Encourage the preservation of open space;

  4. Accommodate various types of large scale, complex and phased developments; and

  5. Establish a procedure for the development of large tracts of land in order to reduce or eliminate the rigidity, delays, and conflicts that otherwise would result from application of zoning standards designed primarily for small lots.

• C. The PD district 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 deemed not suitable for the purpose and findings of this section.

• (Ord. 272 § 1, 2017)

Following the effective date of the ordinance codified in this chapter, all established PD districts shall be designated on the zoning map by the symbol "PD" followed by an ordinance number. The ordinance number shall refer to the ordinance which adopted the PD district. (Ord. 272 § 1, 2017)

• A. The PD district shall specify all use types, pursuant to Chapter 13.22.030, which are permitted within the district. In amending this title to apply the PD zoning district, the town council may permit any use within the PD district that is compatible with the purposes of this title, the neighborhood and general vicinity of the proposed project, and consistent with the general plan and any applicable specific plan.

• B. Approval of the PD district is accomplished in two steps:

First: Approval of the preliminary development plan by the town council upon recommendation of the planning commission.

Second: Approval of a specific development plan either simultaneously with the preliminary development plan or in subsequent phases.

(Ord. 272 § 1, 2017)

In establishing a PD district, the planning commission and the town council shall make the following findings:

1. The project is consistent with the general plan and any applicable specific plan;

2. The project complies with all applicable provisions of this zoning code other than those modified by the PD ordinance;

3. The approved modifications to the development standards of this zoning code are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and mitigation of any identified environmental impacts;

4. The project complies with all applicable provisions of the town's design guidelines;

5. The project can be adequately, and reasonably served by public facilities, services, and utilities;

6. The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the general plan;

7. The site is adequate for the project in terms of size, shape, topography, and circumstances; and

8. The establishment, maintenance, or operation of the proposed uses would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town.

(Ord. 272 § 1, 2017)

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. The developer shall submit to the town 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; and

12. Proposed sequence and schedule, or phasing, of development. (Ord. 272 § 1, 2017)

The proposed preliminary development plan shall be presented to the planning commission as a proposed rezoning of the property to the PD zone. The planning commission shall follow the same procedures as in any rezoning, and shall have full authority to alter or modify the preliminary development plan. The planning commission may approve a specific development plan concurrent with the preliminary development plan as per Section 13.29.080 and Section 13.29.090 subject that both plans are approved by the town council. (Ord. 272 § 1, 2017)

The preliminary development plan shall be considered by the town council following the same procedures as any rezoning. The town 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 district covered by the plan and thereafter shall be designated the "preliminary development plan." The preliminary 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; and

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.

The town council may approve a specific development plan concurrent with the preliminary development plan subject to both Section 13.29.080 and Section 13.29.090 . (Ord. 272 § 1, 2017)

A specific development plan shall be presented to the planning commission with an application for development and/or prior to approval and recordation of the final map as defined by the Subdivision Map Act.

A specific development 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 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 location of multifamily, business commercial and other 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 town engineer; and

16. Such other and further information as the planning department or the planning commission may deem necessary.

• (Ord. 272 § 1, 2017)

A public hearing on the specific development plan shall be held by the planning commission. After a public hearing, the planning commission may take action to approve, approve with conditions or deny the specific development plan. The planning commission shall not approve the specific development plan unless it makes the findings in Section 13.29.040 and finds the proposed development is consistent with the preliminary development plan. The planning commission may approve a preliminary development plan and specific development plan concurrently, subject to both plans being approved by the town council. (Ord. 272 § 1, 2017)

• A. A tentative subdivision map may be processed simultaneously with a request for a preliminary plan or after the approval thereof.

• B. Prior to approval of the final map as defined by the Subdivision Map Act, a specific development plan shall be approved by the planning commission.

• C. The preliminary development plan, a specific development plan, and a tentative subdivision map may be approved concurrently, subject to approval by both the planning commission and town council.

• (Ord. 272 § 1, 2017)

Upon approval of a specific development plan, and compliance with other applicable regulations, and recordation of applicable final subdivision maps, the 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. 272 § 1, 2017)