Chapter 17.36 — PLANNED UNIT DEVELOPMENT COMBINING (-PD) ZONE

The -PD zone is a combining zone, and the regulations contained in this chapter and in the development plan for each tract included in the -PD zone shall be applied in addition to and in combination with the regulations of the primary zone to which the -PD designation is attached. In the event of any conflict between the -PD regulations contained in this chapter, or in a development plan approved pursuant to this chapter and the regulations of the primary zone to which the -PD designation is attached, the -PD regulations shall control and supersede the regulations of the primary zone.

(Ord. 82-4 §3 (part)).

A tract of land may be included in the -PD zone only if:

A.

It consists of a single parcel, or two or more contiguous parcels;

B.

The city council has approved a development plan for the tract in the manner provided in this chapter.

(Ord. 84-8 §2: Ord. 82-4 §3 (part)).

Notwithstanding any provision to the contrary in this title, all uses within a -PD zone shall be conditional uses; and all uses listed in a primary zone as principal permitted uses shall be deemed to be conditional uses whenever the primary zone is combined with the -PD designation. Approval of a development plan pursuant to this chapter shall constitute a conditional use permit for the uses described in the plan.

(Ord. 82-4 §3 (part)).

The following procedures shall be followed for inclusion of land within the -PD zone:

A.

Preliminary Development Plan. Before filing a formal application for rezoning of land in the -PD zone, the applicant shall submit a preliminary development plan prepared by a licensed architect, engineer or urban planner, which shall include, at a minimum, the following information:

1.

Ownership and existing uses of adjacent properties;

2.

Topographic contours;

3.

Existing roadways and utility easements;

4.

Existing watercourses, drainage swales, storm drains, floodways and areas subject to inundation;

5.

Existing wooded areas, unusual geological features, and environmentally sensitive areas;

6.

Proposed land uses, population densities and building intensities;

7.

Proposed circulation patterns, showing both public and private streets;

8.

Proposed parks, playgrounds, school sites and open space;

9.

Proposed building sites, roadways and utility easements, together with lot lines if a subdivision is contemplated;

10.

Such other information as the planning director may require in order to determine whether the proposed project fulfills the purpose of the -PD zone and meets the general development criteria set forth in this chapter;

11.

A narrative section describing the objectives of the project, its design concept, all proposed forms of ownership and proposed covenants, conditions, restrictions and maintenance agreements.

B.

Hearing on Preliminary Plan. The planning commission shall hold a public hearing on the preliminary development plan, and shall give notice of hearing in the manner required for use permit applications. It

shall report its recommendations to the city council in writing. Upon receipt of the commission's recommendations, the city council shall hold a public hearing on the preliminary development plan and shall give notice of hearing in the manner required for use permit applications. Upon conclusion of the public hearing, the city council may approve the preliminary development plan "in principle," and such approval shall be limited to the general acceptability of the land uses proposed, and shall not be construed to endorse precise location of uses, configuration of parcels or engineering feasibility, and shall not be deemed to be in any form or sense a commitment by the city to approve any subsequent formal rezoning application or final development plan.

C.

Application for Rezoning. After the city council has approved a preliminary development plan in principle, the applicant shall submit a formal application for rezoning of the territory within the -PD zone, together with a full development plan which shall include all of the following elements:

1.

All information required to be included in the preliminary development plan;

2.

A sepia map with ten prints of a survey of the property, showing existing features of the property, including specimen trees, structures, streets, easements, utility lines and land uses;

3.

A sepia map with prints as required by the planning director of a precise site plan which shall be in conformity with the approved preliminary development plan, and shall depict the approximate location and proposed density of dwelling units, and nonresidential building intensity;

4.

A schedule for the development of the project, including but not limited to a timetable for phased construction, description of design principles for buildings and streetscapes, tabulation of the total number of acres in the proposed project and the percent thereof designated for each proposed land use, the number of dwelling units proposed (listed by type of unit), proposed retail sales area and economic justification therefor, and standards for height, open space, building intensity, population density and public improvements;

5.

Evidence that the applicant has sufficient control over the land to carry out the proposed project;

6.

Building plans, including floor plans and exterior elevations;

7.

Landscaping plans;

Engineering plans, including site grading, street improvements and public utility extensions as necessary;

9.

Geological studies, as necessary;

10.

Engineering feasibility studies, as necessary.

D.

Findings and Approval. The planning commission, after public hearing, may recommend the inclusion of the territory for the proposed project within the -PD zone; and the city council, after public hearing, may by ordinance amend the zoning map of the city to include such territory within said zone; provided, however, that the city council shall not adopt an ordinance including territory within the -PD zone unless and until it shall make the following findings of fact based upon substantial evidence:

1.

That the proposed project is likely to be substantially completed within four years after inclusion of the territory within the -PD zone;

2.

That the proposed project is consistent with the city's general plan;

3.

That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and that increased densities will not generate traffic in such amounts as to overload the street network outside of the -PD zone;

4.

That the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under the regulations applicable to primary zones;

5.

That any exception from primary zone requirements is warranted by the design and amenities, including open space, incorporated in the development plan for the project;

6.

That existing or proposed utility services are, or will be, adequate for the population densities proposed in the development plan.

E.

Conditions on Approval. In taking action on an application for a planned unit development project pursuant to this chapter, the city council may attach conditions to its approval or require that specified amendments be made prior to approval of the development plan.

(Ord. 82-4 §3 (part)).

Chapter 17.38 - FLOODWAY COMBINING (-FW) ZONE

Sections:

Footnotes:

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Editor's note— Ord. No. 11-03, § 2, adopted September 28, 2011, amended Chapter 17.38 in its entirety to read as herein set out. Former Chapter 17.38, §§ 17.38.010—17.38.060, pertained to similar material, and derived from Ord. No. 82-4 and Ord. No. 86-22.