Chapter 18.124
PLANNED DEVELOPMENT (PD) DISTRICT
Sections:
18.124.050 Origination of proposals.
18.124.060 Rules of procedure.
18.124.070 Limitation of revisions to this title.
18.124.080 Designation of permanent open space.
18.124.010 District intent.
(A) The PD (planned development) district is intended to provide flexible design standards and development standards for medium to large scale developments that do not easily comply with zoning district standards due to any of the following:
(1) Interest in an integrated mixed use development;
(2) Existence of unique geological or natural features; and/or
(3) Interest in unique or innovative development design.
(4) The need for waivers or variances shall not by itself justify the pursuit of a planned development.
(B) Application of District.
(1) Areas within the City of Angola and areas within the city’s extraterritorial jurisdiction.
(2) Minimum of five acres.
(C) Plan Commission.
(1) Any parcel that meets the prerequisites specified herein may be considered to be rezoned to a planned development district after Plan Commission review and approval, and after the Common Council reviews and adopts the planned development ordinance in accordance with the Angola Comprehensive Plan, this chapter, and state statute criteria.
(2) Under no circumstances is the Plan Commission or Common Council required to rezone a property to a planned development. [Ord. 1746-2023; Ord. 1286-2008. UDO § 4.01.]
18.124.020 Regulations.
(A) Permitted Uses.
(1) Predominantly in line with original zoning district.
(2) Predominantly in line with Comprehensive Plan.
(3) Compatible with surrounding land uses and zoning districts.
(4) Flexible only to the extent permitted in this chapter.
(B) Development Standards.
(1) Generally in line with the intent of the original zoning district;
(2) Predominantly in line with Comprehensive Plan;
(3) Compatible with surrounding land uses and zoning districts; and
(4) Flexible only to the extent permitted in this chapter.
(C) Design Standards.
(1) Predominantly in compliance with the design standards in Division V of this title, Design Standards.
(2) Flexible only to the extent permitted in this chapter.
(D) Construction Standards.
(1) Fully in compliance with the City of Angola’s construction standards. [Ord. 1746-2023; Ord. 1286-2008. UDO § 4.01.]
18.124.030 Prerequisites.
(A) Site Area. The minimum site area required for a planned development is five acres.
(B) Standard Zoning Districts. Only the following standard zoning districts may be rezoned to a planned development: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI, PD. [Ord. 1746-2023; Ord. 1286-2008. UDO § 4.01.]
18.124.040 General.
(A) Description. A planned development district is a special district that can be pursued by an applicant in which a standalone ordinance regulating the development is drafted and which binds the development to its unique language.
(B) Creation. The procedure for the creation of a planned development district shall be consistent with the process set forth in AMC 18.192.070, Planned development – Purpose and intent, and 18.192.080, Planned development – District ordinance and establishment plan.
(C) Maps. Planned development districts shall be identified as such on the official zoning map.
(D) Regulations.
(1) Development Standards and Design Standards. The requirements of Division VI of this title, Development Standards, and Division V of this title, Design Standards, shall apply to a planned development unless alternate standards are deemed appropriate by the Plan Commission in order to accomplish the intent of the Comprehensive Plan and this title. Any lessening of the required standards of this title shall be clearly beneficial to the city and directly linked to the intent of the planned development (i.e., to provide a mixed use development, accommodate a creative and unique design not otherwise achievable using standard zoning districts and subdivision regulations, or address unusual site conditions or constraints).
(2) Establishment Plan. The establishment plan shall indicate the proposed land uses, location of all proposed improvements, and a proposed planned development district ordinance that includes development standards, design standards, and other specifications which shall govern the planned development. If the establishment plan and the planned development district ordinance are silent or do not address a particular land use, development standard, design standard, or other specification, this title shall apply.
(3) Open Space. Open space shall be:
(a) Conveyed to an owners’ association established for the purpose of maintaining common area; or
(b) Conveyed to the city if it is willing to accept all or part of the common area; or
(c) Conveyed to one or more not-for-profit corporations established for conservation of natural resources. [Ord. 1746-2023; Ord. 1286-2008. UDO § 4.02.]
18.124.050 Origination of proposals.
A proposal for a planned development district shall be initiated by the property owner(s). The site proposed for a planned development shall be under single ownership, or if multiple owners exist, a legal document, legal partnership, or corporation shall be provided indicating that all owners of the property support and desire to develop the land. The legal document shall also indicate who the owners appoint as their representative. [Ord. 1746-2023; Ord. 1286-2008. UDO § 4.03.]
18.124.060 Rules of procedure.
All proceedings brought under this chapter are subject to the rules of procedure of the Plan Commission, unless stated otherwise. [Ord. 1746-2023; Ord. 1286-2008. UDO § 4.04.]
18.124.070 Limitation of revisions to this title.
(A) Public Health and Safety. Regulations in this title that directly protect public health and safety shall apply to a planned development.
(B) Failure to Comply. If a planned development is no longer proceeding in accordance with its establishment plan or planned development district ordinance the city may deem it a violation and utilize its applicable power to enforce the violation according to Chapter 18.196 AMC, Enforcement and Penalties. No language in a planned development district ordinance shall supersede Chapter 18.196 AMC, Enforcement and Penalties.
(C) Rezoning to Standard District. All planned developments, or a subdistrict or phase thereof, that have reached either 90 percent build-out or seven years from its approval date are subject to being rezoned into an appropriate standard zoning district if the city deems it necessary to better administer the development. [Ord. 1746-2023; Ord. 1286-2008. UDO § 4.05.]
18.124.080 Designation of permanent open space.
(A) Designation. No planned development district shall be approved unless the design provides for permanent landscaped or natural open space. Natural open space may be designated through the use of common space or other mechanisms such as conservation easements to the satisfaction of the Plan Commission. Impervious surfaces within rights-of-way or private street easements shall not count towards open space. Wetlands and areas within the floodway and floodway fringe shall only count at 50 percent. Open space shall be provided in at least the following percentage of the total gross area of the planned development by type of use:
(1) Single-family and multiple-family residential use: 20 percent.
(2) Office use: 15 percent.
(3) All other uses: 10 percent.
(B) Mixed Uses. In the case of mixed uses, permanent open space shall be allocated in proportion to the mixture of uses that exist. Each use shall have its proportion of open space located within close proximity. The permanent open space need not be located in proximity to the use in the case of preservation of existing natural features.
(C) Development in Stages. If the establishment plan provides for the planned development to be constructed in phases, open space shall be provided for each phase of the development relatively proportionate to that phase, and conveyed or guaranteed. [Ord. 1746-2023; Ord. 1286-2008. UDO § 4.06.]