Chapter 17.48
PLANNED DEVELOPMENT OVERLAY ZONE
Sections:
17.48.010 Purpose and intent. Revised 3/17
17.48.030 Principal Permitted Uses.
17.48.040 Development standards.
17.48.060 Findings required for reclassification.
17.48.070 Other required conditions.
17.48.080 Designation on zoning map (PD).
17.48.090 Revocation—Expiration.
17.48.100 Extensions of Time for PD Permits.
17.48.110 Minor modifications to PD permits.
17.48.010 Purpose and intent.
In order to achieve the general plan goal “to promote the development of a cohesive and aesthetically pleasing urban structure for Winters,” the P-D overlay zone has been included within the scope of the zoning ordinance to allow for the maximum flexibility consistent with the minimum development standards within each underlying zone category. (Ord. 2016-10 § 3 (part): Ord. 97-03 § 2 (part): prior code § 8-1.5117(A))
17.48.020 Application.
Where a special design for land use provides a clear benefit for the city in applying regulations more flexible than those contained elsewhere in this title, a planned development (P-D) overlay zone may be established. The purpose of such overlay zone is to grant or require diversification in the location of structures and other site elements which would be appropriately compatible, while ensuring adequate standards relating to the public health, safety, welfare, comfort and convenience. P-D overlay zones may be established in any area suitable for and of sufficient size to contain a planned development, and may include residential, commercial or industrial uses where appropriate findings can be made. The P-D overlay zone may be applied to any base zone within this title. Uses not otherwise found in this title may be specifically permitted within the P-D overlay zone regardless of what base zone it overlays, subject to making required findings. (Ord. 97-03 § 2 (part): prior code § 8-1.5117(B))
17.48.030 Principal Permitted Uses.
The following principal uses shall be permitted in the P-D overlay zone:
Any uses or combination of uses which are found to be in overall conformity with the standards, regulations, intent and purposes of the general plan applicable to the project site, pursuant to an approved P-D permit. (Ord. 97-03 § 2 (part): prior code § 8-1.5117(C))
17.48.040 Development standards.
A. Minimum net lot areas shall be as shown in Table 2B.
TABLE 2B P-D NET LOT AREAS
|
TYPE OF P-D DEVELOPMENT |
MINIMUM NET LOT AREA NECESSARY |
|---|---|
|
Residential |
2 Acres |
|
Commercial/office |
1 Acre |
|
Central business district |
No minimum |
|
Other |
Determined by city council |
B. Residential Density.
The total number of dwelling units in a residential planned development may not exceed the permitted general plan density for the total net area of lots which are the subject of the P-D application. Density bonus provisions of Sections 17.60.010 through 17.60.030 apply.
C. Other Developmental Regulations.
All other development regulations prescribed by this title and the base zone of the lots which are the subject of P-D application shall apply, except as may be approved or modified by an approved P-D plan. (Ord. 97-03 § 2 (part): prior code § 8-1.5117(D))
17.48.050 Application.
Applications for the establishment of a P-D zone and approval of a corollary P-D permit may be made by the owners of all property to be contained therein, and shall include an application for a zone change and such additional information as required by subsection (B).
A. Planned Development Permit and Rezone Application Processing.
1. A P-D permit application shall be filed and considered concurrently with the zoning request for a P-D overlay zone. The planning commission shall provide a recommendation on the PD permit and PD overlay zone to the city council, who shall take action on the proposal. Public hearings shall be held pursuant to Section 17.16.040.
2. The city council shall identify the term to implement the PD overlay zone and PD permit as a condition to approving the application.
B. Required Plans and Materials for P-D Permit.
In addition to the plans and materials required to accompany an application for a zoning map amendment, an application for the establishment of a P-D overlay district and PD permit shall include the following:
1. The topography of the land, with appropriate contour intervals (both existing and proposed);
2. A site plan indicating the proposed locations of improvements and structures, including, off-street parking, all buildings and their setbacks to property lines and all other uses proposed to be established within the zone;
3. A tabular summary of gross and net lot sizes, gross building sizes, floor area ratios (for commercial, office and industrial uses) and residential density calculations;
4. The areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings, and other such uses, as well as a detailed indication of all proposed land uses;
5. The proposed access, traffic and pedestrian ways, easements and lot design, including detailed cross sections or plans as may be required by the city engineer;
6. Proposed landscaping, fencing and screening, and proposed irrigation and maintenance methods;
7. The community development director or city engineer may also require detailed architectural floor plans and building elevations; construction, improvement, utility, and drainage plans; a geotechnical report; fiscal analysis/public service impact analysis; biological or environmental studies, and/or any other information deemed necessary to adequately consider the proposed development. (Ord. 97-03 § 2 (part): prior code § 8-1.5117(E))
17.48.060 Findings required for reclassification.
Reclassifying land to the P-D overlay zone and approval of a PD permit shall occur only upon making the following findings:
A. The development proposed is consistent with the general plan and the purposes of this section;
B. The development proposed either complies with the applicable provisions of the basic zoning district on the property or any deviations from those provisions have been justified as necessary to achieve an improved design for the development and/or the environment;
C. The proposed development is essential or desirable to the public comfort and convenience;
D. The requested plan will not impair the integrity or character of the neighborhood nor be detrimental to the public health, safety or general welfare;
E. Adequate utilities, access roads, sanitation and/or other necessary facilities and services will be provided or available;
F. The development will not create an adverse fiscal impact for the city in providing necessary services. (Ord. 97-03 § 2 (part): prior code § 8-1.5117(F))
17.48.070 Other required conditions.
The city council may apply standards and conditions to the PD permit to ensure compliance with the intent and purposes of this section. (Ord. 97-03 § 2 (part): prior code § 8-1.5117(G))
17.48.080 Designation on zoning map (PD).
When a PD overlay zone has been established, it shall be designated on the official zoning map by the symbol “-PD” immediately following the basic land use zoning symbol with which it has been combined. When approval of detailed development plans have been made, an identifying serial number shall be designated, on the official zoning map, immediately following the symbol “-PD”. Such identifying serial, numbers shall refer to the precise plans or regulations which apply to the numbered planned development overlay zone. (Ord. 97-03 § 2 (part): prior code § 8-1.5117(H))
17.48.090 Revocation—Expiration.
A. Revocation.
In the event the conditions of a PD permit have not been, or are not being complied with, the community development director shall give the permittee written indication of intent to revoke the PD permit at least ten (10) days prior to a city council review thereon. Notice of a public hearing to consider a PD permit revocation shall be provided in the same manner as the public hearing for the original PD permit. After the conclusion of the review, the city council may revoke the PD permit if it finds one or more conditions of approval have not or are not being complied with.
B. Expiration.
1. In the event the project or use for which the PD permit was granted has not commenced within the time limit set by the city council, or within one year after the date of the hearing if no specific time has been set, the PD permit is deemed to be null and void without further action.
2. Exercise of a PD permit shall be deemed to have occurred when a building or grading permit has been issued in conjunction with the use or, if no such permits are necessary, when clear and visible evidence as to its beginning and reasonable progress toward completion is demonstrated, as determined by the community development director. (Ord. 97-03 § 2 (part): prior code § 8-1.5117(I))
17.48.100 Extensions of Time for PD Permits.
A. The zoning administrator may approve a one-time extension for PD permits. Such extension shall be approved for not more than two years.
B. Finding. Such extension shall be approved only when it is found that the circumstances under which the permit was granted have not substantially changed. (Ord. 97-03 § 2 (part): prior code § 8-1.5117(J))
17.48.110 Minor modifications to PD permits.
A. The zoning administrator may approve minor modifications to existing PD permits.
B. Findings. Such minor modifications shall be approved only if it is found that the modifications substantially conform with the approved plans or standards; that the intensity of the use is not increased beyond that originally approved under the PD permit; and that the appearance and function of the development and the surrounding development will not be adversely affected as a result of such modification. (Ord. 97-03 § 2 (part): prior code § 8-1.5117(K))