Windsor Municipal Code § 17.16.050 PD Zone Standards and Procedures

This chapter lists the land uses that may be allowed within the special purpose zones established by Chapter 17.06 (Zones and Zoning Map), determines the type of land use permit/approval required for each use, and provides basic standards for site layout and building size. [Source: 17.14.010]

The purposes of the individual special purpose zones and the manner in which they are applied are as follows: [Source: 27.14.020]

A. OS - Open Space Zone. The OS zone is applied to areas in the Town with natural resource values to be conserved, and also to areas that have hazardous conditions (such as floodways). The maximum allowable nonresidential density is 0.05 FAR. The OS zone is consistent with the Open Space (OS) land use designation in the General Plan. [Source: 17.14.020.A, modified]

B. PD - Planned Development Zone. The PD zone is intended for sites where the Town desires to achieve a particular mix of uses, appearance, land use compatibility, or special sensitivity to natural resources, including oak trees and vernal pools. The allowable density range for all uses (residential and nonresidential) shall be determined by the General Plan land use designation applied to the subject parcel(s). The PD zone is consistent with all land use designations in the General Plan. See Section 17.16.050 (PD Zone Standards and Procedures) for specific requirements applicable to the PD zone. [Source: 17.14.020.B, modified]

C. PI - Public/Institution Zone. The PI zone is applied to areas appropriate for public facilities, utilities, and public gathering facilities including, but not limited to, schools, libraries, and government offices. The maximum allowable nonresidential density is 1.0 FAR. The PI zone is consistent with the Public/Quasi-Public (PQP) land use designation in the General Plan. [Source: 17.14.020.D, modified]

D. REC - Recreation Zone. The REC zone is applied to locations appropriate for the development of parks and recreational facilities. The maximum allowable nonresidential density is 0.1 FAR. The REC zone is consistent with the Parks and Recreation (PR) land use designation in the General Plan. [Source: 17.14.020.C, modified]

A. Table 17.16-01 Land Use Regulations—Special Purpose Zones. Table 17.16-01 (Land Use Regulations—Special Purpose Zones) identifies the uses of land allowed within each special purpose zone, and the land use permit required to establish each use. [Source: 17.14.030, modified]

B. Uses Not Listed. Land uses not listed in Table 17.16-01 (Land Use Regulations—Special Purpose Zones) are not allowed, in compliance with Subsection 17.04030.A (Uses Not Listed are Not Allowed), except as otherwise established in Subsection 17.04.030.B (Director's Determination). [Source: Table 2-8 Notes (1), modified]

C. Specific Use Regulations. The far-right column in Table 17.16-01 (Land Use Regulations—Special Purpose Zones) indicated additional regulations that may apply to the specific use listed. Land use regulations and allowable use provisions in other sections of this Zoning Code may also apply. [Source: 17.14.030, modified]

D. Zoning Clearance Required. Each land use specified in Table 17.16-01 (Land Use Regulations—Special Purpose Zones) as allowed-by-right "P" shall require the issuance of a Zoning Clearance in compliance with Chapter 17.54 (Zoning Clearance). [Source: Table 2-8: Notes (2), modified]

E. Site Plan and Design Review. In addition to the permit requirements established in Table 17.16-01 (Land Use Regulations—Special Purpose Zones), Site Plan and Design Review may be required in compliance with Chapter 17.56 (Site Plan and Design Review). [Source: Table 2-8: Notes (3), modified]

F. PD Zone Land Use Regulations and Allowable Uses. The land uses that may be allowed within the PD zone and the land use requirements for each use shall be determined through the process of rezoning property to the PD zone. Projects within the PD zone shall comply with Section 17.16.050 (PD Zone Standards and Procedures). [Source: 17.14.030.B, modified]

Table 17.16-01 Land Use Regulations—Special Purpose Zones

A. Table 17.16-02 Development Standards—Special Purpose Zones. Except for the PD zone, subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 17.16-02 (Development Standards—Special Purpose Zones).

B. Planned Development (PD) Zone Standards. Projects within the PD zone shall comply with Section 17.16.050 (PD Zone Standards and Procedures). [Source: 17.14.040, modified]

C. Other Applicable Regulations. The "Other Applicable Regulations" section of Table 17.16-02 (Development Standards—Special Purpose Zones) indicates the location of additional development standards that apply to the special purpose zones. Other regulations in this Zoning Code may also apply. [Source: NEW]

Table 17.16-02 Development Standards—Special Purpose Zones

Other Applicable Regulations

The application of the PD zone to property through the rezoning process will include identifying the specific land uses that may be allowed on the site and establishing specific site planning and development standards (i.e., setback requirements, height limits, site coverage), consistent with the General Plan land use designations that apply to the parcel. The process of rezoning a parcel to the PD zone shall comply with the following requirements, in addition to those of Chapter 17.72 (Amendments). [Source: 17.14.050, modified]

A. Preliminary Development Plan. A rezoning application for the PD zone shall include a Preliminary Development Plan. The approval of a rezoning to the PD zone shall also include Council approval of a Preliminary Development Plan for the site which identifies the following, consistent with the General Plan. [Source: 17.14.050.B]

1. Allowable Land Uses. The land uses that may be allowed on the parcel, and any additional land use permit requirements for establishing the allowed uses after the approval of a Final Development Plan (i.e., whether specific uses will require Zoning Clearance, Minor Use Permit, or Conditional Use Permit approval). [Source: 17.14.050.B.1]

2. Density, Intensity, and FAR. The minimum and maximum density and intensity allowed for residential land uses on the parcel in dwelling units per acre and the minimum lot size for new parcels. Additionally, the minimum and maximum FAR for all nonresidential land uses proposed. [Source: 17.14.050.B.2]

3. Development Standards. The development standards that would otherwise be provided by Article 2 (Zones, Allowable Uses, and Development Standards) and Article 3 (Regulations Applicable to All Zones) or shall reference specific provisions of this Zoning Code that shall apply. [Source: 17.14.050.B.3, modified]

4. Preliminary Phasing Plan. A preliminary phasing plan for the development of the parcel if construction is proposed in phases. The plan shall identify the timing and sequencing of construction of proposed and required streets, drainage facilities, water and sewer systems, and all other utilities and infrastructure, and all proposed land uses and structures. [Source: 17.14.050.B.4]

B. Final Development Plan. After approval of a rezoning to the PD zone and prior to the issuance of any subsequent subdivision or land use approvals, or construction permits, the applicant shall submit, and the Council shall approve a Final Development Plan consistent with the Preliminary Development Plan and the General Plan. The Final Development Plan shall identify the following: [Source: 17.14.050.C]

1. Allowable Land Uses. The land uses that may be allowed on the parcel and their land use permit requirements, consistent with the approved Preliminary Development Plan. [Source: 17.14.050.C.1]

2. Density and Intensity. The minimum maximum density allowed for residential land uses and the minimum and maximum FAR allowed for nonresidential land uses consistent with the approved Preliminary Development Plan. [Source: 17.14.050.C.2]

3. Development Standards. The development standards that would otherwise be provided by Article (Zones, Allowable Uses, and Development Standards) and Article 3 (Regulations Applicable to All Zones) or shall reference specific provisions of this Zoning Code that shall apply consistent with the approved Preliminary Development Plan.

4. Final Phasing Plan. A final phasing plan for the development of the site, if construction is proposed in phases, in substantial compliance with the approved Preliminary Development Plan, provided that the Council may approve changes to the phasing plan as it determines to be appropriate. [Source: 17.14.050.C.3]

5. Architectural Standards Project-wide architectural standards, concepts, and themes. [Source: 17.14.050.C.4]

6. Comprehensive Sign Program. A comprehensive sign program in compliance with Section 17.36.070 (Comprehensive Sign Program). [Source: 17.14.050.C.5]

C. Approval of Preliminary and Final Development Plans. The approval of preliminary and final development plans shall comply with the following standards:

1. A Preliminary Development Plan shall be reviewed and acted upon by the Commission and Council as part of their respective reviews of and actions on the property rezoning request, in compliance with Chapter 17.72 (Amendments). [Source: 17.14.050.D.1]

2. The Commission shall review a Final Development Plan prior to final action by the Council and, after public notice and a public hearing in compliance with the Government Code, shall recommend to the Council whether the Final Development Plan shall be approved as submitted, should be modified as specified by the Commission, or should be disapproved. [Source: 17.14.050.D.2]

3. The Council shall approve, approve with modifications, or disapprove a Final Development Plan after public notice and a public hearing in compliance with the Government Code. [Source: 17.14.050.D.3]

4. The applicant may choose to submit all information and materials required by the Department for both Preliminary and Final Development Plan approval together with the application for rezoning to the PD zone. In this case, the Commission and Council shall approve a Final Development Plan at the same time as their actions on the rezoning request. [Source: 17.14.050.D.4]

D. Criteria for PD Zone Approval. Criteria for evaluating planned developments shall include, without limitation, elements of design that, in the determination of the review authority, are superior to those achieved through standard zone development standards and community benefit. These elements may include unique design features, creation of common open space, provision of amenities, preservation of natural resources, or similar features, or other items proposed by the applicant and approved by the review authority. Provisions for long-term maintenance and management of common areas shall be in the form of an owner's association or other mechanism acceptable to the Town. [Source: NEW]

E. Effect of Final Development Plan. No subdivision shall be approved, or land use permit, or construction permit granted within a PD zone unless they are consistent with the approved Final Development Plan. [Source: 17.14.050.E]