Chapter 17.41
PLANNED DEVELOPMENT DISTRICTS

Sections:

17.41.010    Statement of purpose.

17.41.020    Allowed uses.

17.41.030    Lot size, lot width, height, floor area, maximum lot coverage, landscape surface ratio, open space requirements, signs and parking requirements.

17.41.040    Procedure.

17.41.050    Standards for planned development districts by predominant land use.

17.41.010 Statement of purpose.

The planned development district or PDD provides regulatory framework to encourage improved community benefits as to matters such as environmental and aesthetic design, stormwater management, preservation of natural topography, and the like, and allowing for greater flexibility in the development of land than that allowed in standard districts, while achieving substantial compliance with the intent of the zoning code and existing or future city plans. The district allows variation in the relationship of uses, structures and spaces in developments organized internally as cohesive projects, and carefully related to other nearby developments and lands. (Ord. 1690 § 1 (part), 1999)

17.41.020 Allowed uses.

The PDD allows those uses that are approved for that district through the city review and approval process, selected from among all uses allowed in any other districts, singly or in combination, unless restricted by applicable overlay districts. The district makes no differentiation between permitted and special exception or conditional uses, since all uses will receive discretionary review. Restaurants, limited food establishments or taverns that were permitted as part of the original specific plan for a property or amendments thereto are permitted to have outdoor seating not exceeding twenty-five (25) percent of the indoor seating capacity. No extraordinary separation between the outdoor seating and residential uses contained within the PDD is required. The location and operating hours for the outdoor seating and adequacy of parking will be subject to plan commission approval. (Ord. 2251-11 § 14, 2011: Ord. 1690 § 1 (part), 1999)

17.41.030 Lot size, lot width, height, floor area, maximum lot coverage, landscape surface ratio, open space requirements, signs and parking requirements.

This district has no predetermined specific lot area, lot width, height, floor area ratio, yard, usable open space, sign and off-street parking requirements. Such requirements are determined for each district on an individual basis through the city review and approval process. (Ord. 1690 § 1 (part), 1999)

17.41.040 Procedure.

The following requirements shall apply to applications for the PDD, in addition to normal zoning amendment procedural requirements in Section 17.08.070:

A.    General Plan. To commence the city review and approval process, the applicant shall file the following with the city:

1.    A description of the character of the intended development;

2.    Scale drawings of the project area including drawings showing the relationship to surrounding properties, the existing topography and key features. Where a planning unit or node designation has been specified in relevant city plans or zoning, the general map plan shall cover that planning unit or portion of the node as directed by the community development department;

3.    A plan of the proposed project showing sufficient detail to allow evaluation in relation to the standards for approval, as defined in Section 17.41.050;

4.    When requested by the city, a general outline of intended organizational structure of a property owners’ association, deed restrictions, and provisions on shared installation and maintenance of common services;

5.    Analysis of the impact upon the community, demonstrating community benefits warranting PDD status;

6.    Submittal of plans and documents shall generally be consistent with the specifications of the submittal requirements of Section 17.100.050.

7.    Planned Development Districts-General Plan Review Application Fees. Any application for community development review of a planned development district general plan shall include a fee as specified in Section 3.28.010(I).

8.    The applicant will be billed a fee specified in Section 3.28.010(KK) for the engineering department review of any planned development district general plan review.

B.    Referral and Hearing.

1.    After the filing of an application that is deemed complete by the community development department, the application shall be reviewed by the plan commission, which shall forward the application to the common council with recommendations that the plan should be approved as submitted, approved with modifications or disapproved.

2.    Upon receipt of the recommendations of the plan commission, the council shall determine whether or not to initiate a zoning amendment to place the subject lands in the proposed PDD and to schedule the required public hearing.

C.    Action on Amendatory Ordinance to place Lands in the PDD.

1.    If the council initiates a zoning amendment procedure to place the subject lands in the proposed PDD, the council shall determine whether the required public hearing shall be held by the plan commission or common council, and may direct that the report and recommendations previously adopted by the plan commission be included in the record of that hearing without the necessity of referral back to the plan commission.

2.    Before the statutory public hearing, the common council shall review the recommendations of the plan commission and such other evidence and information as the council considers relevant and then shall take action to re-refer, to adopt, or to reject the zoning amendment applying the PDD for the subject property.

3.    If the council votes to approve the rezoning of the subject property to PDD, status of the property shall be that the base zoning will be PDD, with general plan approval only. The map designation will be PDD-General Plan and a numeric and geographic reference identifying the specific district.

D.    Actions Following Approval of a General Plan.

1.    Approval of the rezoning to a PDD shall conditionally entitle the applicant to apply to the city for approval of a specific plan for the area in conformity with the general plan as previously approved by the common council, but all rights to commence development shall be conditioned upon city approval of the specific plan, and shall not make permissible any of the uses or developments until the specific plan is approved for all or a portion of the area included in the general plan.

2.    If the approved general plan is not followed within six months of the date of approval by the common council by submittal of an application for approval of a specific plan, the approval shall be null and void and a new application and approval process shall be required to obtain general plan approval. The zoning of the property shall revert without hearing to the prior zoning classification. The six-month deadline may be extended for good cause for up to six additional months by the director of community development.

E.    Specific Plan Application. The specific plan shall be submitted to the plan commission, through the department of community development and shall include detailed construction and engineering plans and related detailed documents and schedules as described below:

1.    An accurate map of the area covered by the plan including the relationship to the total general plan;

2.    The pattern of public and private roads, driveways, walkways and parking facilities;

3.    Detailed lot layout per specifications of Chapter 17.100-17.124 and 17.136 of the Municipal Code; subdivision plat per Chapter 16.16, if by plat or certified survey map, as applicable;

4.    The arrangement of buildings and their architectural character;

5.    Sanitary sewer, water and other utility facilities;

6.    Grading plan and stormwater drainage system;

7.    The location and treatment of open space areas and recreational or other related amenities;

8.    The location and description of any areas to be dedicated to the public;

9.    Landscape plan and plant list per specifications of the “Site Development Standards for Nonresidential Uses” and “Residential Landscape Standards,” as applicable;

10.    Demonstration of financial capability;

11.    A construction schedule indicating the approximate dates when construction of the project and its phases can be expected to begin and be completed;

12.    Agreement, bylaws, provisions or covenants that govern the organizational structure, use, maintenance and continued protection of the development and any of its common services, common open areas or other facilities;

13.    Submittal of plans and documents should generally be consistent with the specifications of the submittal requirements of Section 17.100.050;

14.    Planned Development Districts-Specific Plan Review Application Fees. Any application for community development review of a planned development district specific plan shall include a fee as specified in Section 3.28.010(J).

15.    The applicant will be billed a fee specified in Section 3.28.010(KK) for the engineering department review of any planned development district specific plan review.

F.    Review and Approval of the Specific Plan.

1.    The process for review and approval of the specific plan shall be administrative, as contrasted with the legislative process of general plan review and approval.

2.    Following review of the specific plan, the plan commission shall recommend to the council that the plan be approved as submitted, approved with modifications or disapproved. The recommendation may include a suggestion that an optional public hearing be held on the specific plan for purposes of determining conformance of the specific plan with the approved general plan and with all applicable standards.

3.    Upon receipt of the plan commission recommendation, the council may approve the specific plan or disapprove the plan and send it back with specific issues identified to the commission for further interaction with the developer.

4.    A motion of approval by the common council, whether after initial referral from the plan commission or after subsequent re-referral from said commission, shall include the following:

a.    A direction that the district be retitled from PDD-General Plan to Planned Development District-Residential (PDD-R-#), or Planned Development District-Commercial (PDD-C-#), depending upon the dominant use approved for the district, or Planned Development-Mixed Use (PDD-M-#), if no single type of use is dominant. (# stands for geographic and numeric identifiers.)

b.    The text and graphics of the specific plan.

G.    Development Agreement and Demonstration of Consent.

1.    The final stage in the city review and approval process shall be preparation, approval and execution by the city and the applicant of a development agreement embodying all of the terms and conditions of the specific plan and additional terms of implementation required by the city dealing with timetables, performance assurances, inspection, prohibitions on any division of the real estate parcels included with the district (with the exception of the creation of condominium parcels within the confines of land parcels approved within the PDD) and/or change of ownership structure of the entities that are parties to the development agreement and provisions for lapsing of specific plan approval and reversion of the zoning status of the property to general plan approval status, upon specified change of circumstances or failure of the development to materialize as planned.

2.    Developer execution of the development agreement shall constitute the statutorily-required demonstration of property owner consent.

H.    Duration and Amendment.

1.    The development agreement shall run with the land and fully bind all parties subsequently taking interest in the property or properties.

2.    Any subsequent change including conversion to condominium parcels or addition to the plan or use shall first be submitted for approval to the plan commission and if, in the opinion of such commission, the change or addition constitutes a substantial alteration of the original plan, the procedure provided in this section shall be required. (Ord. 1919-03 §§ 2 (part), 3 (part), 2003; Ord. 1725 §§ 5, 6, 2000; Ord. 1690 § 1 (part), 1999)

17.41.050 Standards for planned development districts by predominant land use.

A.    General. All PDDs shall be consistent with goals and objectives of city master plan or elements thereof.

B.    Residential Planned Developments.

1.    Applications for residential planned development districts that propose residential densities higher than allowed by any residential base zoning shall be by invitation only, expressed by a motion of the plan commission, or based on an element of the city master or comprehensive plan.

2.    Issuance of such invitations shall be conditioned upon approval of a detailed area plan for the site and its vicinity that demonstrates the linkage between the higher density residential development possibilities and the nature, intensity and compatibility with other interrelated uses, as well as compatibility with public services and facilities.

3.    All residential planned developments shall demonstrate community benefits in aesthetics and construction to warrant the special standards achieved by PDD designation.

C.    Commercial Planned Developments. All commercial planned developments shall demonstrate community benefits in aesthetics and construction to justify the PDD designation.

D.    Mixed-Use Planned Development.

1.    All PDD districts shall be related to nearby uses different from the dominant uses in the PDD district, through planning unit analysis.

2.    Particular attention shall be placed upon careful and creative interrelationship of uses mixed within a PDD-M district. (Ord. 1690 § 1 (part), 1999)