Sec. 26-60. - Planned community and residential development overlay.

(a)

Purpose.

(1)

Planned community development:

a.

Provide the developer with greater flexibility in site design, density and housing unit operations in order to stimulate variety and innovation within the framework of a quality residential environment.

b.

Direct new community growth and development in the process of implementing the General Plan.

c.

Achieve more interest, individuality and character within and among neighborhoods.

d.

Provide criteria for the inclusion of compatible uses designed to service the residential developments within the community.

e.

Encourage the most effective use of a site with a variety of residential environments providing necessary public facilities, ample open space and a functional, well-balanced community.

(2)

Planned residential development:

a.

Encourage a more desirable living environment;

b.

Encourage a more efficient, desirable and aesthetic use of land through utilization of modern innovations in residential developments;

c.

Encourage the reservation of a greater proportion of land for common open areas;

d.

Encourage the retention of natural slopes, waterways and other natural features by utilizing such areas as open space;

e.

Encourage more efficient use of those public facilities required in connection with such residential development; and

f.

Insure compatibility with established residential areas.

(b)

Establishment of PRD overlay zone.

(1)

A planned residential development overlay zone shall be established only in conjunction with a residential zone and shall be designated on the official zoning map with the symbol "PRD" in conjunction with the underlying zone classification, i.e., "R-1 PRD."

(c)

Classification Criteria. The following general criteria are hereby established for use in the classification or reclassification of land to the planned community or planned residential development:

(1)

General Plan. Compliance with the General Plan shall be established.

(2)

Site area.

a.

A minimum of one hundred (100) acres shall be required for a planned community development.

b.

A planned residential development may be established on land that is zoned R-1, MF-15, MF-20 or MF-45 and which is suitable for, and of sufficient size, to be planned and developed in a manner consistent with the purpose of this division.

(3)

Any application for an overlay zone shall be accompanied by a master plan for the entire area covered by the application.

(4)

All land in a proposed overlay zone shall be held in one (1) ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone.

(5)

The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) are adequate, or new systems shall be constructed to adequately serve the development.

(d)

Application.

(1)

An application for an overlay zone shall be submitted by the owner, his authorized agent, or the purchaser of the land with the consent of the owner.

(2)

The application shall be accompanied by the following which should be prepared by a qualified professional team:

a.

Topographical maps of existing terrain drawn to a minimum five (5) foot contour.

b.

A generalized grading plan which indicates proposed earth movement and the results of such movement.

c.

A utility map or statement reflecting a utility system which includes, but is not limited to, sewer, water, and gas capable of serving the entire development.

d.

A master plan which shall show:

1.

Location and boundaries of the proposed development.

2.

The general type, character, and heights of all buildings or structures; e.g., single family houses, townhouses, or cluster houses.

3.

Proposed densities of all areas scheduled for residential development.

4.

Proposed uses of all and including residential, school sites, public and private recreational facilities, all common open space, and in the PCD zone commercial and professional centers and industrial facilities.

5.

Natural features that are to be retained; i.e., stands of trees, rock outcroppings, canyons, natural slopes, etc.

6.

The location and width of public and private streets which shall be consistent with the master plan of streets.

e.

Proposed site development standards for all residential, commercial and industrial uses.

f.

The location and width of public and private streets.

g.

Site data, including acreage in total development, total acreage in each density classification, school sites, church sites, commercial sites and industrial sites, total acreage devoted to common open space and minimum lot sizes.

(e)

Application fee. An application for an overlay zone shall be accompanied by a filing fee as specified in section 26-184.

(f)

Procedure.

(1)

Upon receipt of an application for an overlay zone, the Planning Commission shall hold a public hearing on such application. If it finds the criteria set forth herein have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety or welfare.

(2)

The decisions and findings of the Planning Commission:

a.

On planned residential development applications, shall be final unless appealed to the City Council.

b.

On planned community development applications, shall be forwarded along with the community master plan to the City Council. The City Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the City Council shall be final.

(g)

Public hearing and appeal procedure. Public hearing and appeal procedure shall be set forth by article VI, division 1 of this Development Code.

(h)

Termination of overlay zone.

(1)

The overlay zone, and any master plan or other material approved as a part thereof, shall become null and void if the physical development of the district is not commenced within two (2) years from date of adoption of the resolution establishing the zone.

(2)

An extension of time, not to exceed one (1) year, may be granted by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not been commenced and such overlay zone has not been utilized.

(i)

Approval of a development plan.

(1)

After the establishment of an overlay zone and prior to the termination date as specified in section 26-60(h), an application for approval of a development plan which is in substantial conformance with the approved master plan shall be filed with the Planning Commission. A development plan may cover all or a portion of the district. No building permit shall be issued for any new building or structure unless a development plan covering the area has been approved.

(2)

A development plan shall contain the material herein specified and shall be prepared by a qualified professional team.

a.

The exact boundaries and legal description of the property to be developed.

b.

All proposed improvements that are to be constructed on the land and their precise locations including, but not limited to, all residential facilities, walls and fences, trash areas, streets, and walk areas.

c.

Common open space showing size, grades, and function upon completion.

d.

The location and dimension of all off-street parking facilities, public and private.

e.

The location and size of any public or quasi-public facilities such as schools, churches, and parks.

f.

A tabulation of the percentage of total building coverage of the development.

g.

A tabulation of densities within each project area or sector.

(3)

Building elevations of typical architectural styles to be constructed.

(4)

A schematic landscaping plan indicating the type and size of plant material to be used and method of providing permanent maintenance to all planted areas and open spaces.

(5)

Floor plans of typical dwelling units, the unit size in square feet, and the amount of private open space in square feet.

(6)

If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the City subdivision ordinance and the state subdivision map act.

(7)

A proposed construction schedule from groundbreaking to occupancy. All common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(j)

Common open space.

(1)

All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one (1) or a combination of the following three (3) methods of administering common open space.

a.

Dedication of common open space to the City, which is subject to formal acceptance.

b.

Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space.

c.

Retention of ownership, control and maintenance of all common open space by the developer. All privately owned common open space shall continue as such and shall only be used in accordance with the development plan. Appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space.

(k)

Design criteria.

(1)

The following design criteria are hereby established:

a.

The overall plan shall achieve an integrated land and building relationship.

b.

Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site.

c.

The layout of structures and other facilities shall effect a conservation in street and utility improvements.

d.

Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units.

e.

Architectural unit and harmony within the development and with the surrounding properties shall be attained.

(l)

Procedure for development plan application.

(1)

The owner, his authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Planning Commission. The Planning Commission shall hold a public hearing on such application. It may approve the development plan if it finds the criteria set forth herein have been satisfied subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Planning Commission shall be final unless appealed to the City Council.

(m)

Public hearing and appeal. Public hearing and appeal procedure shall be governed by article VI, division 1 of this chapter.

(n)

Application fee. An application for a development plan shall be accompanied by a filing fee as established by a resolution of the City Council.

(o)

Development standards for planned residential development zone.

(1)

The development standards of the underlying zone shall apply to a planned residential development unless they are inconsistent or in conflict with the following standards which shall control:

a.

Density. In any PRD overlay zone, the number of dwelling units per net acre of land shall not exceed the number of dwelling units permitted by the underlying zone except as provided in this paragraph.

b.

For the purpose of calculating the number of dwelling units permitted by the underlying zone, the following table shall be used:

Table 2-21 Dwelling Units Per Acre for Residential Zones

c.

The number of dwelling units per net acre of land may be increased by up to 30 percent if approved by the Planning Commission, provided that the gross density of the development does not exceed the densities identified in Table 2-21.

d.

Minimum lot sizes. Every lot or parcel utilized for a residential structure shall have a minimum width of twenty-four (24) feet. Each such lot shall front for a distance of not less than twenty (20) feet upon a public or private street or pedestrian accessway.

e.

Building heights. Building heights of the underlying zone may be waived to allow greater flexibility with the development. Consideration shall be given to building heights in relation to adjacent property and building inter-relationship within the development.

f.

Yards. The following front, side, and rear yards shall be shown on the development plan and maintained:

1.

Front. There shall be an average front yard of not less than fifteen (15) feet for any building measured from the curbline of private streets and from the property line for dedicated streets. A maximum six-foot-high wall or fence may be placed within any front yard setback, provided such wall or fence is set back five (5) feet from the right-of-way line of dedicated streets or ten (10) feet from the curbline of private streets. Such setback area shall be landscaped.

2.

Side. There need be no side yard provided. However, each development plan will be reviewed to ensure that adequate provisions are made for light and air and free pedestrian movement.

Rear. When the rear of a dwelling unit is adjacent to common open space and accessible thereto, a rear yard need not be provided. A fifteen-foot rear yard shall be provided when the rear of a dwelling unit abuts adjacent private property.

4.

Fire accessways. Each development plan shall provide adequate accessways for free movement of men and equipment to provide appropriate firefighting capabilities. Such accessways shall be a minimum of five (5) feet in width and approved by the City fire department.

g.

Off-street parking. Off-street parking shall be required to conform to the current City standards as specified in the underlying zone.

1.

Covered or open parking compounds may be designed as a functional part of the development. Parking compounds shall be conveniently accessible and adequately screened through the use of walls or landscaping. The arrangement and access for all parking compounds or parking spaces shall conform to City standards.

h.

Ground coverage. Total ground coverage of the entire development (not individual lot) shall not exceed that allowed by the underlying zone.

i.

Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This provision need not apply to structures which are three (3) or more stories high.

(p)

Development standards for planned community development zone.

(1)

All development within the planned community development shall meet the following minimum requirements:

a.

Density. All densities shall conform to the approved community master plan.

b.

Building coverage. The maximum building coverage shall not exceed fifty (50) percent of the area covered by the development plan exclusive of all dedicated public rights-of-way. In determining the coverage

(ground area of each dwelling) covered parking and garages shall be included.

c.

Off-street parking. Off-street parking shall conform to the current City standards as specified in article III, division 6 of this chapter.

d.

Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This requirement does not apply to structures three (3) or more stories in height.

e.

Utilities. All utilities shall be underground in accordance with the Municipal Code and approved by the City Engineer.

f.

Signs. Sign provisions contained in the most restrictive zone classification for each use allowed shall apply.

g.

Other. All other standards as specified by the approved community master plan and text and development plan and text shall be strictly adhered to.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)