HomeMy WebLinkAboutWS Item 01 - Amendments to Section 20 and Section 41 ITEM
s
Y TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRE TO
MEETING DATE: AUGUST 21, 20,07
SUBJECT: WORKSHOP ITEM—PROPOSED ZONING ORDINANCE
AMENDMENTS TO SECTION 20, TOWNHOUSE DISTRICT
REGULATIONS: AND DISCUSSION OF THE PURPOSE,
IMPLEMENTATION, 'AND INTENT OF' SECTION 41, "PD"
PLANNED DEVELOPMENT OVERLAY
RECOMMENDATION:
Staff recommends the City Council and Planning and Zoning ,Commission consider the
proposed amendments to Section 20, Townhouse District Regulations and discuss the
purpose, implementation, and intent'of Section 41 ,"PD",:Planned Development Overlay,
and take any necessary,action.
BACKGROUND INFORMATION:
The Planning and Zoning Commission met on April 10, 2007 and again on May,15,2007 to
discuss amendments to Section 24, Townhouse District Regulations. Staff also conducted
two surveys of area cities in the last year. Attached is a draft ordinance that comprises the
results of these discussions to include:
• Thirty-one(31)foot street widths curb to curb with sidewalks to;match minimum city
design requirements... (public or private)
• Twenty-five(25)foot setback from sidewalk to garage door for front entry garages.
Twenty-five (25) foot setback from edge of alley to garage door'for rear entry,
garages.
Fifteen (15)foot front yard setback measured from the back of curb or nearest edge
of street pavement.
• Fifteen (1 b) foot rear yard setback measured from the nearest edge of the mutual
access easement.
Thirty (301) foot minimum width for lots with rear entry,garages.
• Forty'(40) foot minimum width for lots with front entry garages.
• Eighty-five (85)foot minimum depth for lots with rear entry garages..,
• Eighty, (80) foot minimum depth for lots with front entry garages.
• Three thousand two hundred (3,208) square foot minimum for lots with front entry
garages:
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• Twenty-five hundred and fifty (2,550) square foot minimum for lots with rear entry
garages.
• Maximum building coverage fifty-five ( 5) percent.
• Total impervious lot coverage of eighty (80) percent.
Three areas within the proposed ordinance disallow the use of the "PD" Planned
Development Overlay to deviate from the standards as written:
• Private front-entry garages on lots less than 40-feet in width.
• Private streets less than 31-feet in width measured curb-to-curb.
• Elimination of sidewalks along the street, public or private upon which a townhouse
has frontage.
A public hearing was held on these amendments at the June 19 2007 meeting; however, it
was tabled givers concerns that Council had relative to portions of the proposed ordinance.
A joint worksession was determined to be needed between the Commission and Council to
more closely review and debate the merits of the proposed amendments. In addition, the
Planning and Zoning Commission suggested that Section 41,"PD" Planned Development
Overlay should be discussed as well during the joint worksession so that the Council and
Commission could develop a mutual interpretation of the purpose, intent, and
implementation of the "PD" Planned Development Overlay ordinance. See the attached
amendment to Section 20, "R-TH" Townhouse District'and Section 41,'"PD" Planned
Development Overlay.
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Section 20. R-TH Townhouse District Regulations
PURPOSE: The R-TH Townhouse District is established to accommodate the variable
dwelling concepts which currently exist in the residential marketplace. This district includes
medium density residential development that is single-family,on separately platted lots with
frontage onto publicly dedicated streets, and typically owner-occupied.
USES GENERALLY: In an R-TH district, no land shall be used and no building shall be
erected or converted to any use other than as hereinafter provided.
A. PERMITTED USES: The following uses shall be permitted as principal uses:
1. Single-family attached dwellings.
2. Churches, convents, and other places of worship.
3. Parks, playgrounds, and nature preserves, publicly owned.
4. Public utility uses required to service the district.
5. Temporary buildings when they are to be used only for construction
purposes or as a field office within a subdivision approved by the City
for the sale of the real estate of that subdivision only. Such temporary
construction buildings shall be removed immediately upon completion
or abandonment of construction and such field office shall be
removed immediately upon occupancy of ninety-five (95) percent of
the lots in the subdivision.
6. Model homes and model home parking lots are permitted as a
temporary use in new subdivisions, provided a notice is continually
posted in a prominent place in a livable area in the home and the
owner signs an affidavit on a form approved by the O+restOF e#
Community Dey nmen Director of Development Services
affirming compliance with all the regulations of this Section.
B. ACCESSORY USES: The following uses shall be permitted as accessory
uses to dwelling units provided that none shall be a source of income to the
owner or user of the principal family dwelling:
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1. Private swimming pools and tennis courts no closer than seventy-five
(75) feet to any adjacent residential district.
2. Cabana, pavilion, or roofed area.
3. Meeting, party, and/or social rooms in common areas only.
4. Off-street parking and private garages in connection with any use
permitted in this district.
5. One storage building per dwelling unit one hundred (100)square feet
or less, and having no plumbing.
6. Communication equipment meeting the requirements of Chapter 7,
Article XII of the Grapevine Code of Ordinance.
No accessory uses may be located between the building line and the front
property line.
Private garages on lots having a minimum width of less than forty (40)feet
must be entered from the side or rear. Said lots shall not have driveways on
or within the front building setbacks. A Plannedevelo eat verlay
shall not be used to deviate from this re m r er�te
C. CONDITIONAL USES: The following conditional uses may be permitted
provided they meet the provisions of Section 48, and a conditional use permit
is issued.
1. Public and non-profit institutions of an educational, religious or cultural
type excluding correctional institutions.
2. Non profit community centers and swimming pools and tennis courts
no closer than seventy-five (75) feet to any adjacent residential
district.
3. Memorial gardens and cemeteries.
4. Public and private noncommercial recreation areas and facilities such
as country clubs and golf courses excluding miniature golf courses
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and driving ranges.
5. Any off-street parking for churches, convents and other places of
worship developed on property other than the platted lot of record of
the principal use, provided all or a portion of the property utilized for
parking is located within 300 feet of the platted lot of record.
D. LIMITATION OF USES:
1. There shall be a separate platted lot of record for each townhouse
dwelling unit.
2 No more than three (3) persons unrelated by blood or marriage may
occupy residences within an R-TH Townhouse District.
3. Storage of mechanical, maintenance or farm equipment incidental to
any permitted or conditional use shall be screened in accordance with
the provisions of Section 50, Alternate B or E, from any adjacent
residential development or use.
4. Private or public alleys shall not be located in the twenty-five(25)foot
required rear yards. Whenever rear access or parking is provided,
access shall be from a platted alley or easement. All alleys shall be
dedicated at a minimum of fifteen (15) feet as a mutual access
easement with a minimum ten (10) feet of pavement section. No
single lot shall have more than a seven and a half (7 1/2) foot
easement located upon it, except that when it is necessary to
exceed seven and a half(7 1/2)feet, lot depth shall be increased
to accommodate the additional width of easement necessary for
the alley.
5 No Storage boxes or any other containers to be picked up or dropped
off by curbside self-storage services, moving services and other
similar services shall be placed within a public right-of-way. Storage
containers to be picked up or dropped off by such services shall be
visible from a public right-of-way or adjacent property for a period not
exceeding seventy-two(72)consecutive hours,and not more than two
(2) instances during any thirty (30) day period.
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6. Townhouse developments approved prior to XXXX XX,2007 shall
be deemed lawful and shall have the same status as
subdivisions authorized pursuant to this ordinance.
E. PLAN REQUIREMENTS: No application for a building permit for
construction of a principal building shall be approved unless:
1. A plat, meeting all requirements of the City of Grapevine, has been
approved by the City Council and recorded in the official records of
Tarrant County.
2. A Site Plan, meeting the requirements of Section 47, has been
approved.
3. A Landscape Plan, meeting the requirements of Section 53, has been
approved.
F. DENSITY REQUIREMENTS: The following density requirement shall apply:
1. Maximum Density: The maximum density within the R-TH District
shall not exceed nine (9) dwelling units per gross acre.
2. Lot Size: Lets for any permitted use hall have a minimurn -area of
three thousand (3,000)square f For lots that are less than forty
(40)feet in width the minimum lot size shall be 2,550 square feet.
For lots forty (40) feet in width or greater the minimum lot size,
shall be 3,200 square feet. No R-TH District shall be created on an
area of less than one (1) acres in size.
3. Minimum Open Space: All areas not devoted to buildings, structures
or off-street parking area shall be devoted to grass, trees, gardens,
shrubs or other suitable landscape material. In addition, all
developments shall reserve open space in accordance with the
provisions of Section 51.
4. Maximum Building Coverage: The combined area occupied by all
main and accessory buildings and structures shall not exceed "
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{409 fifty-five (55) percent of the total lot area.
5. Maximum Impervious Area:
peFGeRt of the total let-a;ea For lots less than forty (40) feet in
width the combined area occupied by all main and accessory
buildings and structures and all sidewalks, driveways and paved
areas shall not exceed eighty (80) percent of the total lot area.
For lots forty (40) feet in width or greater the combined area
occupied by all main and accessory buildings and structures and
all sidewalks, driveways and paved areas shall not exceed
seventy-five (75) percent of the total lot area.
6. Minimum Floor Area: Every townhouse dwelling unit hereafter
erected, constructed, reconstructed, or altered in this dwelling district
shall have at least twelve hundred (1,200) square feet of floor area,
excluding common corridors, basements, open and screened
porches, and garages.
G. AREA REGULATIONS: The following minimum standards shall be required:
1. The front yard will have a depth of twenty-five (25) foot. The
minimum front yard setback shall be fifteen (15) feet measured
from the back of curb or nearest edge of street pavement, with
the exception that the face of a front entry garage shall be set
back no less than twenty-five (25) feet from the sidewalk.
2 The roar yard will have a depth of hyenty fide(` 5)foot The minimum
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rear yard setback shall be fifteen (15) feet measured from the
nearest edge of the mutual access easement,with the exception
that the face of a rear entry garage shall be set back no less than
twenty-five (25) feet from the edge of the alley pavement.
3. No side yard width is required except for the following:
a. A minimum side yard of fifteen (15) feet shall be required for
each end unit in a row of townhouses containing three (3) or
more units.
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b. A minimum side yard of six (6) feet shall be required for each
end unit in a row of townhouses containing two (2) units.
C. Side yards which are adjacent to a dedicated public street shall
be at least twenty-five (25) feet in width.
4. The lot shall wH4-have a minimum width of thirty (30) feet.
5 For lots less
than forty (40) feet in width,the minimum depth shall be eighty-
five (85) feet For lots that are forty(40)feet in width or greater,
the minimum lot depth shall be eighty (80) feet.
6. The minimum distance between principal and accessory uses, if
detached, shall be fifteen (15) feet.
H. BUFFER AREA REGULATIONS: Whenever an R-TH Townhouse
development is located adjacent to a developed residential district(R-20, R-
12.5, R-7.5, R-5.0, R-3.75, R-MF-1, R-MF-2) or a non-residential district,
without any division such as a dedicated public street, park or permanent
open space, all principal buildings or structures shall be set back a minimum
of forty (40) feet from the adjoining property line. The setback area shall
contain appropriate landscape improvements, fencing, berms or trees in
accordance with Alternate A, B, or E, in Section 50, to adequately buffer
adjoining uses.
1. HEIGHT REGULATIONS: The following maximum height regulations shall
be observed:
1. The maximum height of the principal structures shall be two(2)stores
not to exceed thirty-five (35)feet. Whenever a townhouse structure is
erected contiguous to an existing single family dwelling,the number of
stories and height of the townhouse structure shall not exceed the
number of stories and height of the contiguous single family dwelling.
In no instance shall the height of a townhouse structure exceed two
(2) stories or thirty-five (35) feet.
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2. The maximum height of an accessory structure shall be one (1) story
not exceed fifteen (15) feet.
3. The maximum height of a storage building used for maintenance or
mechanical equipment shall be one story not to exceed ten (10)feet.
J. OFF-STREET PARKING: Provisions for the parking of automobiles shall be
allowed as an accessory use to any principal permitted use provided that
such shall not be located on a required front yard or side yard. Off-street
parking areas shall be landscaped in accordance with Section 53. Off-street
parking shall be provided in accordance with the provisions of Sections 56
and 58 of this Ordinance and other applicable ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, boats,
towed trailers and the like, is prohibited in the required front yard, and the
side yards of reverse frontage lots. Whenever such parking facilities are
provided the conditions of Section 20.M8. shall be met.
K. OFF-STREET LOADING: No off-street loading is required in the R-TH
District for residential uses. Off-street loading for conditional uses may be
required as determined by the Planning Commission.
L. LANDSCAPING REQUIREMENTS:
1. Landscaping shall be required in accordance with Section 53 of this
Ordinance.
2. For developments in the R-TH District that contain more than ten (10)
units, a landscape plan shall be required.
M. DESIGN REQUIREMENTS: The following minimum design requirements
shall be provided in the R-TH Townhouse District.
1. Buildings and structures shall conform to the masonry requirements
as established in Section 54 of this Ordinance.
2. Individual window air conditioning units are prohibited. Central air
conditioning units, heat pumps and similar mechanical equipment,
when located outside, shall be landscaped and screened from view in
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accordance with the provisions of Section 50.
3. The maximum length of any cluster of townhouse units shall not
exceed two hundred forty (24) linear feet.
4. Buildings shall be designed to prevent the appearance of straight,
unbroken lines in their horizontal and vertical surface. There shall be
no more than two (2) continuous attached townhouses without a
break in the horizontal and vertical elevations of at least three (3)feet.
5. No building shall be located closer than fifteen (15)feet to the edge of
an off-street parking, vehicular use, or storage area.
6. The minimum distance between any two (2) unattached principal
buildings shall be thirty (30) feet. Whenever two (2) principal
structures are arranged face to face or back to back, the minimum
distance shall be fifty (50) feet. The point of measurement shall be
the exterior walls of the buildings and does not include balconies,
railings or other architectural features.
7. Off-street parking areas shall not be closer than ten (10) feet to any
adjacent property line. Whenever an off-street parking,vehicular use
or storage area is within sixty (60) feet of any adjacent residentially
zoned district, the parking area shall be physically screened by a
fence, wall, berm at least six (6) feet high. All fencing shall be
finished on both sides.
8. Parking of recreational vehicles, trailers, motor homes, boats, towed
trailers and similar vehicular equipment are permitted provided they
are located in a designated vehicular use area which is screened from
adjacent residential districts by a fence, wall or berm at least eight (8)
feet in height. No vehicular use or storage area shall be located in a
required front yard or adjacent to a public right-of-way. Such areas
shall also be located at least ten (10)feet from any adjacent property
line.
9. ny Private streets developed in conjunction with a townhouse
development to provide access to and frontage for townhouses
developed under this ordinance must be a minimum of t i y-one
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(31)feet in width from curb to curb, constructed under th2 City's
_Construction Standards and inspected y City Staff. A planned
development overlay shall not be used to deviate from this
re uire ent.
10. Sidewalks s all be provided along any street, private or public,
within a townhouse development upon which a townhouse as
frontage. N planneddevelopment overlay shall not be used to
deviate fro t is re uire ent.
a
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Section 41. "PD" Planned Development Overlay
PURPOSE: The "PD" Planned Development Overlay is a planning tool that
should be utilized to improve property with a goal of establishing unique as well
as modern urban development in situations where strict adherence to standard
zoning criteria inhibits the creative process. The objective of a planned
development overlay is to promote progressive and flexible land development on
problematic tracts of land where certain causative factors such as extreme
topography, irregular property boundaries, surrounding uses and zoning and
other similar aspects renders the land difficult to develop under established
guidelines. It should be utilized to create compatible land uses within urbanized
areas and generate the appropriate criteria necessary to enable the development
of land that is unlikely to occur given the standards established in other zoning
districts. Care should be given to ensure that development under this section in
no way negatively impacts the health, safety, and welfare of the general public.
The discretionary oversight granted in this section shall allow the Planning and
Zoning Commission and the City Council the ability to establish standards and
impose conditions upon such requests to mitigate or eliminate potentially adverse
effects upon the community or upon properties within the vicinity of the proposed
use. Designation under this section shall not affect the underlying zoning of the
property except as provided in the ordinance establishing the overlay.
GENERAL GUIDELINES: All uses—permitted, accessory, and conditional
relative to a request for the creation of a "PD" Planned Development Overlay
shall be initially established by the underlying zoning district. In situations where
there is a need to deviate from the established guidelines in the underlying
zoning district relative to permitted, accessory or conditional uses and/or general
development criteria i.e. density requirements, area requirements etc., the
applicant shall present to the Planning and Zoning Commission and the City
Council the special circumstances that inhibit the development of property strictly
utilizing the standards designated in the underlying zoning district and the criteria
that will differ from that established in the underlying zoning district.
APPLICATION FOR ESTABLISHING A "PD" PLANNED DEVELOPMENT
OVERLAY: An application for a "PD" Planned Development Overlay shall be filed
with the Director of Development Services, which shall be forwarded to the
Planning and Zoning Commission and the City Council. The application shall
contain a Site Plan as stated in Section 47, Site Plan Review, with the following
information as well as any additional information as may be required by the
Planning and Zoning Commission, City Council, or the Director of Development
Services. Failure to meet the following submittal requirements will result in the
rejection of the application.
1. The applicant's name and address and his interest in the subject
property.
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2. The owner's name and address if different than the applicant and
the owner's signed consent to the filing of the application.
3. The street address and legal description of the property.
4. The zoning classification and present use of the subject property.
5. A general description of the proposed "PD" Planned Development
Overlay.
6. A statement or diagram/matrix detailing the area or areas of the
zoning ordinance that will be varied from and the conditions present
that require deviation from the established standards. This written
justification for the establishment of the planned development
overlay must clearly and explicitly detail each item which will
deviate from the established guidelines and should explain what
special physical circumstances are present on the subject tract of
land that inhibits its development. Economic justifications for
establishing the planned development overlay are not acceptable.
This portion of the application is the foundation for the
establishment of the planned development overlay.
Applications for establishing a planned development overlay will be
accepted only for vacant tracts of land or for property undergoing
redevelopment. Redevelopment is not synonymous with "remodel."
For purposes of this section, redevelopment shall be defined as a
minimum increase of fifty percent in the appraised value of the
subject property brought about as a result of the improvements
made as proposed, as determined by a licensed appraiser. This
appraisal information shall be provided by the applicant at the
applicant's expense. Demolition and rebuild, construction of new
principal structure(s) and/or a change in the principal use as
defined in this ordinance are conditions which may be used to
determine this valuation.
7. A statement as to why the proposed "PD" Planned Development
Overlay will not cause substantial injury to the value, use or
enjoyment of other property in the neighborhood.
8. A statement as to how the proposed "PD" Planned Development
Overlay is to be designed, arranged and operated in order to
ensure that development and use of neighboring property in
accordance with the applicable district regulations will not be
prevented or made unlikely. Care should be taken when proposing
a planned development overlay to ensure that uses within the
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overlay closely match those within the underlying zoning district
and conformance with the Master Land Use plan is maintained.
9. A statement or diagram/matrix detailing the particular measures
that will be implemented to compensate for the requested
deviations from the underlying zoning district.
HEARING ON THE "PD" PLANNED DEVELOPMENT OVERLAY APPLICATION:
A public hearing on the application shall be held and notice thereof given in the
manner and form required as set out in Section 67, Amendments of this
ordinance unless the Director of Development Services or the Planning and
Zoning Commission determines that the application is incomplete.
STANDARDS: The following standards may be considered by the Planning and
Zoning Commission and the City Council in determining whether a "PD" Planned
Development Overlay should be established:
1. That the proposed "PD" Planned Development Overlay will be
consistent with the adopted policies in the Comprehensive Master
Plan of the City of Grapevine.
2. That the proposed "PD" Planned Development Overlay will not
have a substantial or undue adverse effect upon adjacent property,
the character of the neighborhood, traffic conditions, parking, utility
facilities, and other matters affecting the public health, safety and
general welfare.
3. That the proposed "PD" Planned Development Overlay will be
constructed arranged and operated so as not to dominate the
immediate vicinity or to interfere with the development and use of
neighboring property in accordance with the applicable district
regulations. In determining whether the proposed "PD" Planned
Development Overlay will so dominate the immediate
neighborhood, consideration shall be given to:
a. The location, nature and height of building, structures, walls,
fences on the site and,
b. The nature and extent of screening on the site.
4. That the proposed "PD" Planned Development Overlay at the
specified location will contribute to or promote the welfare or
convenience of the public.
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- 5. That adequate access roads or entrance and exit drives will be
provided and will be designed so as to prevent traffic hazards and
to minimize traffic congestion in public streets and alleys.
6. That the proposed "PD" Planned Development Overlay will be
served adequately by essential public facilities and services such
as highways, streets, parking spaces, police and fire protection,
drainage structures, refuse disposal, water and sewers, and
schools; or that the persons or agencies responsible for the
establishment of the Overlay will provide adequately for such
services.
7. That the proposed "PD" Planned Development Overlay will not
result in the destruction, loss or damage of any natural, scenic or
historic feature of significant importance.
8. That the proposed "PD" Planned Development Overlay will comply
with any additional standards imposed on it by the particular
provision of this Ordinance authorizing such use.
9. That the proposed "PD" Planned Development Overlay will
minimize disruption to existing neighborhoods, will minimize the
adverse impact on existing community services, and will
complement in the least intrusive manner possible the needs of the
city, region, and the State.
10. That the benefits of the proposed "PD" Planned Development
Overlay outweigh the loss of or damage to any homes, businesses,
natural resources, agricultural lands, historic or cultural landmarks
or sites, wildlife habitats, parks, or natural, scenic, or historic
feature of significance, and outweigh the personal and economic
costs of disruption to the lives, businesses and property of
individuals affected by the proposed use.
11. That all alternative sites and all reasonable means for meeting the
projected need or demand for the proposed building, structure,
development, use or activity which may be less costly or less
intrusive to existing communities have been considered and
rejected by the applicant for clearly disclosed reasons, and that all
reasonable means for minimizing adverse impacts of the proposed
use have been considered and incorporated into the proposal.
12. That the proposed "PD" Planned Development Overlay is
consistent with prior plans, master plans and projections of the
applicant, if any, upon which the City of Grapevine has based
planning or zoning decisions or, if the proposed use is consistent
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with prior plans or projections of the applicant, that any such
inconsistency is outweighed by the benefits to the community of the
proposed use.
13. For those requests to establish a "PD" Planned Development
Overlay based on the residential zoning districts: "R-20" Single
Family District, "R-12.5" Single Family District, "R-7.5" Single
Family District and "R-5.0" Zero Lot Line District, the requirement
for a Site Plan shall be waived and a survey or subdivision plat
shall suffice. The following zoning districts are not permitted to be
utilized for the establishment of a "PD" Planned Development
Overlay: "R-MH" Manufactured Home District, "R-MODH" Modular
Home District, "PRD-6" Planned Residential Low Density District,
and "PRD-12" Planned Residential Medium Density District.
PERIOD OF VALIDITY: No Site Plan for a "PD" Planned Development Overlay
shall be valid for a period longer than one year from the date on which the City
Council grants approval, unless within such one year period: (a) a Building
Permit is obtained and the erection or alteration of a structure is started, or (b) an
Occupancy Permit is obtained and a use commenced. The City Council may
grant one additional extension not exceeding one year, upon written application,
without notice or hearing. No additional extension shall be granted without
complying with the notice and hearing requirements for an initial application as
required in Section 67, Amendments. It should be recognized that the
establishment of a planned development overlay is contractual in nature and
upon expiration of a Site Plan approved in conjunction with the establishment of
a "PD" Planned Development Overlay, the property will revert to the underlying
zoning district designation and all uses and the general development guidelines
as stated in the district shall apply. There shall be no vested right(s) associated
with an expired site plan approved in conjunction with a "PD" Planned
Development Overlay.
A. PRINCIPAL USES:
1. All principal uses established in the underlying zoning district.
When varying from the uses within the underlying zoning district the
applicant shall provide an amended list of permitted uses and the
conditions necessary for the change in standards from the
underlying zoning district.
B. ACCESSORY USES:
1. All accessory uses established in the underlying zoning district.
When varying from the uses within the underlying zoning district the
applicant shall provide an amended list of accessory uses and the
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conditions necessary for the change in standards from the
underlying zoning district.
C. CONDITIONAL USES:
1. All conditional uses established in the underlying zoning district.
When varying from the uses within the underlying zoning district the
applicant shall provide an amended list of conditional uses and the
conditions necessary for the change in standards from the
underlying zoning district.
D. LIMITATION OF USES: Uses prohibited shall be those uses specifically
prohibited within the underlying zoning district. The following uses are
expressly prohibited within a "PD" Planned Development Overlay and
cannot be established as a permitted, conditional, or accessory use under
any circumstances:
1. Freight forwarding warehouses
2. Outside storage of material/equipment
3. Retail establishments for used car sales and service
4. Hotel/motel with a minimum room count less than 300 rooms
5. Commercial parking lots
6. Automotive repair garages
7. Salvage/wrecking yards
8. Retail sales of building material displayed in an unenclosed or
incompletely enclosed area with outside storage
9. Those uses specifically designated in paragraph D. Limitation of
Uses in Section 31, "LI" Light Industrial District
10. Off-premise/billboard signage
11. Pawn shops
12. All uses listed in Section 49, Special Uses
13. Bed and Breakfast
E. DENSITY REQUIREMENTS: Requirements associated with maximum
density, lot size, minimum open space, maximum building coverage, and
maximum impervious coverage shall be initially established by the
underlying zoning district. When varying from the guidelines within the
underlying zoning district the applicant shall provide the method for
establishing the new standards and the conditions necessary for the
change in standards from the underlying zoning district. The maximum
density for a "PD" Planned Development Overlay District associated with
any underlying residential zoning district shall not exceed that established
in the underlying zoning district except for the "R-MF-2" Multifamily
District. Lot size for any residentially zoned district may be reduced no
more than five (5) percent.
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F. AREA REGULATIONS: Requirements associated with lot width, lot depth,
front yard setback, side yard setback, rear yard setback, and distance
between buildings shall be initially established by the underlying zoning
district. When varying from the guidelines within the underlying zoning
district the applicant shall provide the method for establishing the new
standards and the conditions necessary for the change in standards from
the underlying zoning district.
G. BUFFER AREA REGULATIONS: Requirements associated with the
establishment of a buffer area shall be initially established by the
underlying zoning district. When varying from the guidelines within the
underlying zoning district the applicant shall provide the method for
establishing the new standards and the conditions necessary for the
change in standards from the underlying zoning district.
H. HEIGHT REQUIREMENTS: Requirements associated with the height of
structures shall be initially established by the underlying district. When
varying from the guidelines within the underlying zoning district the
applicant shall provide the method for establishing the new standards and
the conditions necessary for the change in standards from the underlying
zoning district.
I. LANDSCAPING REQUIREMENTS: Requirements associated with
landscaping shall be initially established in accordance with Section 53,
Landscaping Regulations of the zoning ordinance. When varying from the
guidelines within Section 53, Landscaping Regulations, the applicant shall
provide the method for establishing the new standards and the conditions
necessary for the change in standards from those established.
J. MASONRY REQUIREMENTS: Masonry shall be provided in accordance
with Section 54, Masonry Requirements.
K. OFF-STREET PARKING REQUIREMENTS: Requirements associated
with off-street parking shall be initially established in accordance with
Section 56, Off-Street Parking Requirements and Section 58, Parking,
Loading, and Outside Storage Area Development Standards of the zoning
ordinance. When varying from the guidelines within these Sections the
applicant shall provide the method for establishing the new standards and
the conditions necessary for the change in standards from those
established.
L. OFF-STREET LOADING REQUIREMENTS: Requirements associated
with off-street loading shall be initially established in accordance with
Section 57, Off-Street Loading Requirements of the zoning ordinance.
When varying from the guidelines within Section 57, Off-Street Loading
Requirements, the applicant shall provide the method for establishing the
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new standards and the conditions necessary for the change in standards
from those established.
M. DESIGN REQUIREMENTS: When applicable, design requirements shall
be initially established by the underlying zoning district. When varying
from the guidelines within the underlying zoning district the applicant shall
provide the method for establishing the new standards and the conditions
necessary for the change in standards from the underlying zoning district.
N. PLANNED COMMERCIAL CENTER DESIGN REQUIREMENTS: When
applicable, the design requirements associated with planned commercial
centers shall be initially established by the underlying zoning district.
When varying from the guidelines within the underlying zoning district the
applicant shall provide the method for establishing the new standards and
the conditions necessary for the change in standards from the underlying
zoning district.
O. SIGN STANDARDS: On-premise signage shall be provided in accordance
with Section 60, Sign Standards of the zoning ordinance.
P. SUBDIVISION REGULATIONS AND CONSTRUCTION STANDARDS:
The planned development overlay shall not be used to deviate from the
construction standards established for new construction within the City.
Except in extreme circumstances relative to width, grade, and radii, all
subdivision regulations shall be met. Justification must be given for the
establishment of private streets/roadways however all subdivision
regulations and constructions standards must be met.
Q. ADDITIONAL REQUIREMENTS AND RESTRICTIONS: In granting a "PD"
Planned Development Overlay, the Planning and Zoning Commission may
recommend, and the City Council may impose such conditions,
safeguards and restrictions upon the premises benefited by the Planned
Development Overlay as may be necessary to comply with the standards
set out in Section 41 Standards of this Ordinance to avoid, or minimize, or
mitigate any potentially injurious effect of such Planned Development
Overlay uses upon other property in the neighborhood, and to carry out
the general purpose and intent of this Ordinance. Such conditions shall
be set out in the Ordinance approving the Planned Development Overlay.
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