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HomeMy Public PortalAboutOrd. 305 Planned Development Districts JUN L; F.- ✓ ORDINANCE N0, �.`��v I BY THE COUNCIL: AN ORDINANCE PROVIDING FOR THE ORGANIZATION AND ESTABLISHMENT OF PLANNED DEVELOPMENT DISTRICTS , PD, BY ADDING A NEW CHAPTER TO ;TITLE 3 OF_ THE CODE OF THE VILLAGE OF Mc CALL; SETTING OUT THE PURPOSE OF SAID ORDINANCE ; ESTABLISHING THE PROCEDURE FOR CREATION OF PLANNED DEVELOPMENT DISTRICTS BY REQUIRING A PRELIMINARY DEVELOP- MENT PLAN AND PROGRAM WITH ITEMIZED ELEMENTS .1 REQUIRING A GENERAL .DEVELOPMENT PLAN AND PROGRAM WITH ITEMIZED ELEMENTS , ESTABLISHING A PROCEDURE FOR ACTIONS AND FINDINGS , AND REQUIRING A FINAL- PLAN AND PI:.OGRAM; ESTABLISHING DEVELOPMENT STANDARDS , I'ROVIDINC FOR 'fill.: APPLICATION OF STANDARDS1, ESTABLISI-IINC MINIMUM SI7'I: SIZE AND NEIGHBORHOOD COMPATABI:LITY STANDARDS , PROVIDING FOR LOT COVERAGE , OPEN SPACE, DENSITY, SUBDIVISION LOT SIZES AND THE DEVELOPMENT OF THE SITE IN SUCCESSIVE STAGES ; PROVIDING FOR PERMITTEDIUSES WITHIN THE PLANNED- DEVELOP- MENT DISTRICT; ESTABLISHING A PROCEDURE FOR CHANGES AND MODIFICATIONS ; PROVIDING FOR THE EXPIRATION AND TERMINA- TION OF A PLANNED DEVELOIPMENT DISTRICT AND ESTABLISHING AN EFFECTIVE DATE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Mc CALL, STATE OF IDAHO: :t • A � PLANNED DEVELOPMENT DISTRICT - PD SECTION 1 - PURPOSE The purpose of the Planned Development District is to provide opportunities to create more desirable environments through the application of flexible -and diversified land development standards under a comprehensive plan and program professionally prepared. The Planned Development District is intended to be used to encourage the application of new techniques and new technology to community development which will result in superior living or development arrangements with lasting values . It is further intended to achieve economies in land development, maintenance , street systems and utility networks while providing building groupings for privacy, useable and attractive open spaces , safe circulation and the general well-being of the inhabitants . SECTION 2 - PROCEDURE A . Preliminary Development Plan and Program 1 . The applicant: shawl �ubmit a Prel.iininary I)cvc_loi�mcnt Plan and Program to the Planning and Zoning Commission for an approval in principle . Such presentation shall consist of a preliminary plan in schematic fashion and a written program containing the following elements : (a) Plan Elements (1) Proposed land uses and densities (2) Building types and intensities i (3) Circulation' pattern (4) Parks , playgrounds , open spaces (5) Existing natural features (b) Program Elements (I) Applicant 'I market analysis of proposed use (2) Proposed ownership pattern (3) Operation and maintenance proposal , i . e. Homes Association, Condominium, Co-op or other (4) Waste disposal facilities (5) Lighting 1 i (6) Water Supply (7) PUbl:i_c L:rc"Insportion (8) Communitylfacilities , i .e . schools , libraries , fire protection and shopping (9) ` General timetable of development (10) Qualifications of the proposed design team for the preparation of the General Plan and Program. The design team shall be designated on the basis of the extent and complexityof the Planned Development and shall consist of one nr. more persons w:i th clllrtl i ( i cri t_ i anti such its an (_)1"ban 1-11alll.le.r, an Arc hi_uec,L , ;In L,llgilleel.', a Landscape Architect, a Designer, an Attorney or other similar professionals or technicians . 2 . Planning and Zoning Commission review of the preliminary Plan and Program need not be at a public hearing unless the applicant requests such hearing in the application. 3 . The Planning and Zoning Commission shall informally review the Preliminary Development Plan and Program at a regular meeting and may act to grant preliminary approval, approval with recommended modifications or denial . Such <tct:i.on shall. be hasod upon ct Comprehens-i ve P l ri it , i I- 11 the standards of this ordinance and other regulations and the suitability of the proposed development in relation to the character of thelarea. 4. Approval in principle of the Preliminary Development Plan and Program shall be 'limited to the preliminary acceptability of the land uses proposed and their inter-relationships and shall not be construed to endorse precise location of uses nor engineering feasibility. The Planning Commission may require the development of other information than that specified in Section 2-B to be submitted with the General. Development Plan and �Program. I 5 . The Planning and Zoning Commission shall review and may recommend expansion, iadditions or modifications in the qualifications of the proposed design team for the preparation of the General Plan and Program. 6 . The Planning and Zoning Commission shall determine the extent of any additional market analysis to be included in the General Development Plan and Program. B. General Development Plan and Program 2 1 . After receiving approval in principle of the Preliminary Plan and Program, the applicant shall have a General Development Plan and ,Program prepared by the professional design team having the qualifications recommended or approved by the Planning Commission. 2 . Upon receipt of the General Development Plan and Pros ram, the Nann:ing Commission may hold a public I-leaci.ng. 3 . The General Development Plan and Program shall contain the following elements : (a) Plan Elements (1) General Development Plan in conformance with the approved Preliminary Plan. (2) Existing and proposed contour map or maps of the site to a scale comensurate with the size of the development . (3) Location, widths and names of all existing or platted streets or other public ways , railroad and utility rights-of-way, parks , or other public open spaces and land uses within 500 feet of the boundaries of the development, (4) Existing sewers , water mains , and other underground facilities within and adjacent to the development and their certified capacities . (5) Proposed sewers or other disposal faci-Ii-Lies , water mains and other underground utilities . - I (6) A preliminary subdivision plan if the property is proposed to be divided. (7) A land use plan indicating the uses planned for the development . (8) Areas proposed to be dedicated or reserved for interior circulation, public parks , playgrounds , school sites , public buildings or other uses dedicated or reserved to the public , it any . (9) Open space that is to be maintained and controlled by the owners of the property and the proposed uses thereof. (10) A traffic flow map showing the circulation pattern within and adjacent to the proposed development. 3 (11) Location and dimensions of pedestrian walkways , malls , trails or easements . (12) Location, arrangement, number and dimensions of automobile garages and parking spaces , width of aisles , bays and angle of parking. (13) Location, arrangement and dimensions of truck loading and unloading spaces and docks , if any . (14) Preliminary architectural- Plans and clevat:ions of typical buildings and struetures , indicnLing Che general height, bulk, appearance and number of dwellingrunits . (15) A preliminary tree planting and landscaping plan 'including areas of ground cover and approximate finished grades , slopes , banks and ditches . All existing trees over 12" in diameter and groves of trees shall be shown. Trees to be removed by development shall be so marked. (16) The approximate location, height and materials o all walls , fences and screen plantings . F,levation dunwings of typiertl walas anenlim d fences shall he included. (17) The stages , if any, of the development construction . Such stages shall be clearly marked on the General Development Plan. (b) If the General Development Plan indicates that the applicant has chosen to develop the site in successive states as . authorized in Section 3-H, the above require- mentsll-17 will be tentative as to the subsequent stages but must be met as to each subsequent stage prior to clic development of that stage . (c) Program Elements (1) Narrative statement of the goals and objectives of the planned I development . i (2) A completedi market analysis , if required by the Planning Commission. (3) Evidence of resources available to develop the project. (4) '.Fables showing the total number of acres , the distribution of areas by use, the percentage desig- nated for each dwelling type, off-street parking, streets , parks , playgrounds , schools and open spaces as shown on the proposed development plan. i 4 's i 2 . If the Final Plan and Program is found to be in compliance , it shall be so certified by the Planning and Zoning Commission and recorded by the applicant in the offices of the City Clerk as the Final Development Plan along with all documents relating to cleclieations , improvements , agreements , restrictions , and associations which shall constitute the Final Program. 3 . All public site dedications , development rights to open spaces or other dedications for the entire site or approved staged portion shall be recorded prior to the issuance of any building permit, or upon a timetable adopted by the City Council. 4. Final copies of all approved articles governing operation and maintenance shall be placed on file with the Planning and Zoning Commision prior to the issuance of any building hermit, oe- upon I timetable adopted by uie P1 ,tnn i n}; rend Zoning Commission. /SECTION 3 - DEVELOPMENT STANDARDS A. Application of Standards 1 . In cases of conflict between standards of an underlying district and the Planned Development District, the standards of the Planned Development District shall apply. B. M:i.ninorm Site Size. 1 . Planned Development Districts shall be established only on parcels of land which are suitable for the proposed develop- ment and of sufficient size to be planned and developed in a manner consistent with the purposes of this chapter. 2 . A Planned Development District shall not be established on less than four (4) acres of contiguous land unless the Planning and Zoning Commission finds that property of less than four (4) acres is suitable as a Planned Development District by virtue of its unique character, topography, or landscaping features , or by virtue of it:; qua] i fyint; ;IS :rn isolated problem area as determined by the P1 ami.i ng and Zoning Commission. C . Compatability with Neighborhood 1 . The plans and program shall present an organized arrangement of buildings , service facilities , open spaces and improve- ments such. as recreation facilities , landscaping and fencing to insure Compatability with a Comprehensive Plan, if one exists , and the character of the neighborhood. 6 2 , Periphery yards of a Planned Development District site shall be at least as deep as those required by the yard regulations of the adjoining district unless the Planning and Zoning Commission finds that equal protection will be accorded through specific features ofithe approved plan. D. Lot Coverage Lot coverage shall be the same as an underlying distrio unless the Planning and Zoning Commission finds that an exception is warranted in terms of the character and amenities proposed in the total development. E. Open Space 1 . Open space in a Planned Development District means the land area to be used for scenic, landscaping or open recreational purposes within the development. (,t) TL shall not: include sLreel. r.ig11Ls-o1_-ways , driveways or open parking areas . 2 . Open space shall be adequate for the recreational and leisure use of the population occupying the Planned Development District and designed to enhance the present and future value of the development. 3 . To the maximum extent possible, the plan and program shall assure that natural features of the land are preserved and landscaping is providled, 4 . Tn order to assure that open space will be permanent , do(HcaLion -() F develop lnient r.ight.s L.() (: i 1, y () I than open space use may be required. 5 . Instruments guaranteeing the maintenance of open space shall be reviewed and approved by the Planning and Zoning Commission . Documents dedicating development rights and provisions for maintenance of open space shall be approved as to form by the City Attorney, 6 . The Planning and Zoning Commission may require that instru- ments of conveyance provide that in the event the open spat; is permitted to deteriorate or is not maintained in a condition concis tent with the approved hl all anti pro�� ram, t he n and in such event the City may at its npL:i(n) cause such main- tenance to be done and assess the costs to the affected property owners . F. Density 1 . In order to preserve the integrity of a Comprehensive Plan , if one exists , the character and general welfare of the neighborhood or area, and relate it to the Planned Develop- ment, the number of dwelling units permitted shall be determined as follows : 7 �i (a) Divide the net development area by the minimum lot area per dwelling unit required by an underlying district ' or districts in which the Planned Development is located, or a reasonably comparable area within the City if Lhere is no unilerlyi_ng cli•s Lric t. or cl s Lr.i c Ls . (1) Net development area shall be determined by subtracting the area set aside for churches , schools or other non-residential uses from the gross development area and deducting twenty per cent (20%) of the remainder. (b) A greater number of dwelling units may be permitted . by the Planning and Zoning Commission in the event the applicant proposes a development which effectively limits the overall density of the project to the standard o l an underlying district, or a reasonably comparable area within the City if there is no underlying disLri_CL, through restrictions on age, family composition or other effective means . (1) If the applicant proposes to utilize this provision, full written details shall be presented in the program selection of the Preliminary Development Plan. G. Subdivision Lot Sizes Minimum area, width, depth and frontage requirements for sub- division lots in a Planned Development District may be less than the minimums specified in an underlying district :i-1 in accordance with the approved General Development Plan and Program and the density standards of this Section. The balance of the total tract area 'shall be devoted to open space as defined herein. H. Staging. I . The applicant may elect to develop the site in successive stages . in a manner indicated in the General. Development Plan and Program . E;`lch such stage shall he stubs tan ti a 1 l y comp'l-cLe WILhin itself. 2 . The Planning and Zoning Commission may require that develop- ment be done in stages if public facilities are not adequate to service the entire development initially . i SECTION 4 - PERMITTED USES . A . The following uses are permitted in a Planned Development District: 1 . Hotising, c•oncc. 11Ls may' include- buL arc! not l -im-i Led to single 8 i f res:i.dencet; , duplexes , row IMLISCs , Cownhouses cluster units or multiple family dwellings . 2 . Related commercial uses which are designed exclusively to serve the development of which they are a part, when approved by the Planning and Zoning Commission . 3 . Related Community service uses which are designed to serve the development of which they are a part, when approved by the Planning and Zoning Commission. (a) Such community service uses may also he de. necl Co serve the adjacent area if consicler.edcLs.irabie by Che Planning and Zoning Commission upon examination of the plan . 4. Accessory buildings and uses B. For Commercial and Industrial Districts 1 . Uses permitted in an underlying district. 2 . Community service uses approved by the Planning and Zoning Commission. 3 . Other uses as approved by the Planning and Zoning Commission as consistent with the Plan and Program. 4. Accessory buildings and uses . SECTION 5 - CHANGES AND MODIFICATIONS A. Major Changes I Major changes in the General Development Plan and Program after it has been adopted - shall be considered the sr�.nu� ris ,i new I)eLA tion ;111(1 shall be made in nceor.clance wi f-h Cho p.iocedures specified in this Section . B. Minor Changes 1 . Minor changes in the General Development Plan and Program may be approved by the Planning and Zoning Commission, provided that such changes: (a) Do not increase the densities . (b) Do not change boundaries . (c) Do not change any use . (d) Do not change the location or amount of land devoted to specific land uses . 9 Al 1k. s= . I 2 . All limitations of (a) - (d) of 1 above may be waived if the changes are determined to be minor with respect to such limitations or do not appreciably alter the general concept, continuity and comprehensiveness of the General Development Plan and Program. SECTION 6 - EXPIRATION A . If stibstantial construction or development has not taken place \0A.11i.n lour (4) years from the date of approval 01_ the General Development Plan and Program, the Planning and Zoning Commission shall review the district at a public hearing to determine whether or not its continuation in whole or in part is in the public interest, and if found not to be, shall recommend to the City Council that the Planned Development District on the property be removed. B. After action by the Planning and Zoning Commission the City Council shall consider the matter and, by resolution, accept or reject it or return it to the Planning and Zoning Commission for further action. SECTION 7 - EFFECTIVE DATE A . This Ordinance shall be and is hereby declared to be in full force and effect on the 2nd day of July, 1971. B. Regularly passed and adopted by the City Council of the City of McCall on this 25th day of June, 1971. APPROVED: Mayor ATTEST: 5' ,C.lerh I i 10