Chapter 17.29 — PLANNED DEVELOPMENT COMBINING (P-D) ZONE

The purpose of the planned development combining zone is to allow the establishment of planned developments with flexibility in the design of development projects; and to promote economical and efficient use of the land, an increased level of urban amenities, and preservation of the natural environment; and to provide for phased completion of planned-development projects.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

The planned development combining zone may be combined only with R-C; AR-1; AR-3; AR-5; RR-1; RR- 2/3; RR-1/2; TR-1; TR-1/2; TR-1/3; M-F; N-C; C-B; C-C; C-F; C-S; and the I-S zones.

(Ord. No. 483, § 2, 6-10-2008; Ord. 351, § 7, 2000; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Prior to application, the prospective applicant should consult with the planning director to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A planned development combining zone shall include a minimum of two (2) acres, under single ownership or otherwise subject to unified planning, construction and management. Except affected properties within any town established M-F, C-C, or C-S zoning district, any land division "concept plan" that is submitted as the basis and in conjunction with application for a planned development combining zone shall comply with the following design standard:

A.

The design of the proposed planned development land division "concept plan" shall not create resultant lots with a net lot size that is less than fifty (50) percent of the minimum lot size requirement of the base zoning district(s) to which the planned development zone is to be combined.

(Ord. No. 414, § 2, 3-9-2004; Ord. No. 405, § 10, 11-12-2003; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

Application for a planned development combining zone shall be made pursuant to the provisions of Chapter 17.45 of this title. The applicant shall include on the application or the plot plan as applicable and appropriate the following information:

Existing topography and the approximate location of significant buildings, improvements, and natural or environmental features on the property and adjacent land within one hundred (100) feet;

The current general plan land use designation, the current zoning, and the current land use in the proposed P-D combining zone and adjacent land within one hundred (100) feet;

A general land use plan showing proposed uses to be developed on the site, supported by projected acreage, population, housing units, building floor area, employment, or related planning and development data;

A general facility plan showing the approximate location of existing and proposed streets, pedestrian ways, and circulation features; proposed public utility services and facilities; and proposed public or community facilities and uses.

B.

The applicant shall submit a concept plan which shall contain a descriptive written statement indicating the following:

The manner in which the proposed development will be in accord with the general plan;

Architectural and environmental design qualities to be attained;

A general description of proposed land use regulations, site development regulations and performance standards sufficient to govern subsequent development, including but not limited to the following:

a.

Allowable land uses,

b.

Maximum and/or minimum regulations governing residential density, building floor area, height, coverage, lot size and dimensions, setbacks and open spaces, landscaping, signs, architectural design, and other features of the development,

c.

Conditions, covenants and restrictions, and proposed means of management and continued maintenance and operation of common facilities;

A general phasing plan and schedule, indicating the anticipated time for beginning of construction and completion of each phase of development;

Evidence that the applicant has sufficient control over the land to effectuate the proposed plan.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

A.

The planning commission shall review and act on the application in accordance with applicable regulations set forth in the town Code.

B.

The planning commission may request additional information from the applicant when, in its opinion, there are substantial issues or significant public concerns requiring such information in order to act on the application. In such cases, the planning commission shall continue the public hearing for such time as is

reasonable for preparation of the requested information. Such additional information may include but is not limited to the following:

A housing market analysis demonstrating the demand and marketability of proposed residential uses;

A commercial market analysis for any proposed shopping center or major commercial use, showing the need for such uses and the inadequacy of existing sites to meet this need;

A traffic analysis demonstrating that existing and proposed facilities will adequately serve the transportation need generated by the development.

C.

The planning commission may recommend changes in the draft concept plan, and forward such recommended changes to the town council with its recommendation regarding establishment of the "P-D" combining zone.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

A.

The town council shall consider the application and draft concept plan, together with the recommendation of the planning commission, as provided by the provisions of Chapter 17.45 of this title.

B.

The town council may approve a planned development combining zone if it finds that:

The proposed zoning district and the concept plan, as recommended by the planning commission, or as modified by the town council, is consistent with the general plan and with the purposes of this title. Any substantial modification to the concept plan by the town council which has not been reviewed by the planning commission shall be returned to the planning commission for its review;

The proposed zoning district and all uses therein shall be compatible and complementary to existing and potential development in the general vicinity.

C.

An ordinance establishing a planned development combining zone, if enacted by the town council, shall incorporate the concept plan for the district as approved by the town council.

D.

Each planned development combining zone shall be shown on the zoning map by the letters "P-D," and identified sequentially by order of enactment and reference to the enacting ordinance.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Any P-D combining zone/district created after the effective date of the ordinance codified in this title shall expire after three (3) years from its approval date by the town council if the proposed uses thereon are not established. If any P-D combining district expires, the zoning (or its current equivalent) which existed prior to the adoption of the P-D district shall be in full force and effect.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

The approval date for a P-D combining zoning district approved after the effective date of the ordinance codified in this title, shall be the date of the final action of the town council approving the rezone.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

A concept plan or a development plan may be amended under the same procedures applicable to initial approval and as specifically provided by the rezoning procedures of Chapter 17.45 of this title. An amendment may be initiated by the planning commission or the town council, or by the original applicant or a successor thereto having a continuing controlling interest in development or management of uses within the planned development combining zone/district.

B.

Minor revisions or modifications not increasing the density or intensity of the project and which would not adversely affect off-site property, may be approved by the planning director if it is determined that the circumstances or conditions applicable at the time of original approval remain valid and that changes would not affect any required findings.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)