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3.5.5 Planned Development District (Legacy)
Applications to amend a Planned Development District.
An application for a Planned Development District amendment must be in conformance to the Comprehensive Plan and demonstrate compliance with the following criteria on a certain property:
1. General legacy PDD criteria.
(i) Provide for a mix of a minimum of two types of uses, provided each use requested appears on the Use Charts before Council approves the Planned Development District (see § 3.3.5: Use chart). An applicant that proposes a PDD that authorizes new uses not found on the Use Charts must demonstrate the following as part of the PDD application:
(1) The proposed use(s) meets the intent of this § 3.5.1: Applicability, completeness, and expiration and this UDC;
(2) The proposed use(s) are compatible with abutting uses and property; and
(3) The proposed use(s) will positively contribute to the City's economy and will not require undue investments in infrastructure or City resources to operate or manage.
(ii) Provide for integrated design and placement of buildings with regulations that govern the bulk, height, footprint, and separation of buildings to an extent beyond what is required by this UDC.
(iii) Preserve or enhance areas with environmentally significant natural features in a greater fashion than what is required by this UDC.
(iv) Provide for shared open space in an amount greater than required by Section 6.3: Parkland and Path Dedication and in a way that supports a variety of temporary uses or events with flexible provisions for gathering, parking, vending, circulation, and staging.
(v) Creation of a coordinated and integrated transportation system throughout the district provided that the plan facilitates multiple transportation modes, exceeds the inter-parcel connectivity depicted in the City's Thoroughfare Plan provides sufficient emergency vehicle access, and adequately manages stormwater runoff.
2. Special criteria for amendments. Additionally, requested PDD amendments shall not:
(i) Have the effect of altering the PDD boundaries;
(ii) Have the effect of authorizing uses that are prohibited or are not listed within the ordinance adopting the PDD or amendment thereto or removing uses that are authorized;
(iii) Increase or reduce land allocated to a particular use or uses in a way that is inconsistent with the ordinance adopting the PDD or amendment thereto;
(iv) Increase or decrease the residential density or maximum square footage of any non-residential land use authorized in the PDD by more than ten percent (10%), provided any increase does not trigger the need to update or amend any associated Traffic Impact Analysis; and
(v) Result in a net increase of impervious coverage or net decrease in park or landscaped area.
3. If the Planning Director finds that the request does not meet the above criteria, the Applicant must resubmit the request to City Council as a rezoning request to a zoning district listed in § 3.2.2: Zoning districts established of this UDC in accordance with the procedures of § 3.1.8: Amendment to zoning map or text.
Fees, forms, and procedures.
1. The City's adopted Fee Schedule will establish fees relating to the Planned Development District amendment approval process.
2. The City will not approve a Planned Development District amendment for a property until the property owner provides evidence demonstrating payment of indebtedness (see § UDC-1.4.2D).
3. The City is hereby authorized to prepare application forms that include requirements for information, checklists, architectural or engineering drawing sizes and contents, contact information for the property owner, applicant, and technical consultants, and any other information necessary to review the amendment application for compliance with City codes.
4. The applicant is responsible for submitting the application by the deadline indicated on the City's published Development Schedule.
5. The Planning Director is responsible for maintaining and making available the application forms applicable to a Planned Development District request.
6. The application forms may be revised or changed at any time without notice, consistent with the UDC.
Letters of certification and pre-application meeting.
The Planning Director may require new or updated Letters of Certification (see § 1.4.1: Letters of certification.) and recommend that a Pre-application Meeting (see Section 1.3: Pre-application Meeting) take place prior to submittal of an application to amend a Planned Development District.
Planned development master plan required.
1. An application to amend a Planned Development District must be accompanied by a Planned Development Master Plan.
2. The Planned Development Master Plan shall consist of two components:
(i) Planned Development (PDD) Design Statement; and
(ii) Planned Development (PDD) Concept Design Map.
3. The Planning Director, Planning and Zoning Commission, or City Council may also require the applicant to produce other supporting documents and exhibits demonstrating how the Planned Development District will meet the goals of this section and the Comprehensive Plan.
4. PDD design statement. The PDD Design Statement is a written report containing each of the following elements:
(i) The name or title of the development authorized by the Planned Development District (PDD);
(ii) Identification of the base district or districts upon which the PDD regulations are based and a list of all standards applicable to the base district(s) that the applicant proposes to modify with the PDD;
(iii) If applicable, a list of requested Subdivision Waivers. Any Subdivision Waiver included in a PDD Ordinance will govern approval of any Preliminary, Final or other Plat associated with the property subject to the PDD;
(iv) List of property owners and developers. If a master developer initiates the application, the PD Design Statement must contain, if known, a list of prospective developers for subsequent phases or areas within the PDD;
(v) A description of the location of the PDD and its relationship to abutting land uses, whether existing or proposed, or the zoning of neighboring properties. The description should address at a minimum properties and land uses within one-quarter (1/4) mile of the PDD. The Planning Director, Planning and Zoning Commission, or City Council may require that the description include properties outside of this area based on the size of the proposed PDD or the projected impact or relationship between the proposed district and abutting or adjoining districts;
(vi) A description of existing and proposed streets that abut, connect to, or may be impacted by the proposed PDD;
(vii) A description of proposed streets within the PDD, including any waivers to applicable street standards (see Section 2.5: Subdivision Design Standards), street design and streetscape concepts, and the relationship of the proposed streets with existing or proposed streets outside the PDD. The applicant is encouraged to utilize the PDD to create street sections that exceed City standards for aesthetic appeal, multi-modal configurability, and traffic calming;
(viii) Description of the PDD concept, including a breakdown of proposed acreage or square footage of land uses, sub-districts, or areas, building types, relationships between buildings, streets, and open space, residential density, if applicable, and proposed restriction of uses, building orientation, site access, and other characteristics that will define the district or as deemed necessary by the City;
(ix) Analysis of existing elevation, slope, soils, existing trees based on a tree survey, and drainage characteristics and the strategies the PDD will utilize to protect and preserve these features in their natural condition;
(x) Topographic map with minimum two (2) ft. contour intervals;
(xi) Analysis of drainage area acreage and existing flood plain, if any;
(xii) Identification of existing and proposed utilities and Public Facilities;
(xiii) Description of proposed phasing or sequence of development;
(xiv) Additional material requested by the City.
5. PDD concept design map.
(i) The PDD Concept Design Map (Design Map) is a graphic representation of the master plan for a PDD.
(ii) The Design Map must be consistent with the PDD Design Statement.
(iii) The Design Map must be created to a legible scale and contain sufficient detail to articulate the physical plan for implementing the components of the PDD Design Statement within the context of the proposed PDD.
(iv) The Design Map components include, but are not be limited to locations of proposed land uses, streets, property lines, landmark features, entryway features, building locations, parking locations, open space and common areas to be constructed with each phase of development, pedestrian facilities (i.e., sidewalks, paths), identification of the developer or developers responsible for constructing the common features, anticipated location of stormwater management facilities and the timing and responsibility for construction.
(v) As a supplement to the Design Map, the Planning Director may require that the applicant provide conceptual images of building types, open space, and streetscapes.
6. Approval of an amended planned development master plan.
Upon approval by City Council, the amended Planned Development Master Plan will become part of the ordinance authorizing the Planned Development District.
7. Expiration of planned development master plan.
(i) The Planned Development Master Plan will expire two (2) years from the date of approval if the applicant has made no Progress Towards Completion within the Planned Development District.
(ii) If a PDD is borne out of a Development Agreement that outlined certain development and design standards, responsibilities, and procedures relating to the development of a property and that are not consistent with a zoning district established by this UDC, the PDD Master Plan shall expire the sooner of two (2) years from the date of PD approval or on the expiration date established by the Development Agreement.
(iii) If the Planned Development Master Plan expires, the applicant must submit a new Planned Development Master Plan for approval according to the procedures specified in this § 3.5.5: Planned development district (legacy).
(iv) Expiration of the Planned Development Master Plan does not invalidate the Planned Development District. Any new Planned Development Master Plan must comply with the Planned Development District regulations set forth in the adopting ordinance and with this UDC.
Applicability and integration of Planned Development Districts approved prior to UDC.
1. A Planned Development District approved prior to adoption of this UDC shall be governed by the ordinance that created the original Planned Development or the most recent amendment to the ordinance unless the Planned Development District is otherwise re-designated in this UDC and on the Official Zoning Map.
2. Any amendments proposed subsequent to adoption of this UDC to a Planned Development District approved prior to adoption of this UDC must comply with this UDC unless otherwise stated in the previously adopted PDD Ordinance.
3. PDDs existing at the time of adoption of this UDC that are eighty (80) acres or greater in size may request a text amendment to this UDC to create a new zoning district for the redevelopment of the property included within the PDD, consistent with the zoning change process in § 3.1.8: Amendment to zoning map or text, rather than an amendment to the PDD.
Approval process.
1. The Planning Director will review the Planned Development District amendment and will prepare a report with a recommended action to the Planning and Zoning Commission.
2. The Planning Director will post public notice and mail individual notices to property owners within 200 feet of the subject property describing the request for a Planned Development District amendment according to the same requirements applicable to a zoning change request (see § 3.1.8: Amendment to zoning map or text).
3. The Planning and Zoning Commission will conduct a public hearing, consider the report and recommendation of the Planning Director, and make recommendation to the City Council.
4. The City Council may, after conducting a public hearing, vote to approve, approve with conditions, or deny the Planned Development District amendment.
5. Once City Council approves, approves with conditions, or denies the Planned Development District amendment, the Planning Director will issue an official Letter of Decision within ten (10) calendar days.
6. If the Planning and Zoning Commission votes to recommend denial of a Planned Development District, City Council may only approve the application by a three-fourths (3/4) majority.
Requirement to submit site plan for Planned Development District.
The applicant must submit a Site Plan for review and approval before receiving a Building Permit or permit to begin construction within the Planned Development District.

See § 3.5.5: Planned development district (legacy).  

See Application Center for complete, detailed information on applications and permits.