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An application for a Planned Area Development district may be filed as a Preliminary PAD district or a Final PAD district, as provided herein. A Final PAD district can be used either as an overlay district to provide flexibility in an otherwise established land use district, or it can be used as an independent district. Prior to submitting an application for a Preliminary PAD district or Final PAD district, a pre-application meeting shall be held between the owner or owners representative(s) and the City to determine which process would be applicable to the proposed development.

For large, multiphase projects, an application may be filed for a Preliminary PAD district accompanied by conceptual preliminary development plan with sufficient description and documentation to identify the nature, mix and general arrangement, density, open space, and quality of the project. For small-scale or single phase projects, a Final PAD district may be requested, provided all of the information required for both a Preliminary and Final PAD application is submitted with the application.

Applications for a change of zoning district to Preliminary PAD and/or Final PAD, and any amendment of any term conditions, stipulations or other requirements set forth in an ordinance approving such changes, are zoning amendments pursuant to Section 1-3-1 of this Ordinance. Applications for a Preliminary PAD, Final PAD or an amendment of any term, condition, stipulation or other requirement set forth in an ordinance amending the boundaries of a Final PAD Zoning District shall be decided by the City Council following receipt of recommendations from the Planning and Zoning Commission. Such applications shall be processed pursuant to the procedures set forth in Section 1-3-1 of this Ordinance for processing an application to amend the boundaries of a Zoning District as supplemented herein. The Development Review Committee’s and Planning and Zoning Commission’s reviews and recommendations shall be guided by the same considerations set for in Section 1-3-1 of this Ordinance that are to be considered in their review of an application to amend the boundaries of a Zoning District.

Approval of an application for Preliminary PAD zoning does not does not confer any right to develop the property. No preliminary or final plat, building permit, zoning permit or any other approvals of any development or use shall be issued for property under a Preliminary PAD zoning designation. The owner(s) of property located within a Preliminary PAD zoning district shall seek and obtain an ordinance amending the zoning district applicable to the property as Final PAD within two (2) years of the date the City Council approved the application for Preliminary PAD zoning unless an extension has been granted by the City Council. The failure to comply with this requirement; any stipulation and/or condition of approval included in the ordinance zoning the property Preliminary PAD; or any other applicable development agreement or development plan or the like shall constitute a violation of this Ordinance and shall be grounds for Council to rescind the Preliminary PAD rezoning and for the City to pursue all other remedies available to it for violations of City Ordinances.

A. PRELIMINARY PAD APPLICATIONS. An application for a Preliminary PAD district shall be filed on form(s) provided by the Development Services Department and shall include: the information identified on the application form(s); the information identified in the Administrative Process Manual; the information set forth herein and specified elsewhere in this Ordinance; and any other data required by the Zoning Administrator that is needed for the review of the application. The application shall include a preliminary development plan (showing general land use concepts, but not requiring lotting plans at this stage) that demonstrates consistency and compliance with all applicable federal, state, and local laws, ordinances, codes, rules, regulations, policies, and guidelines, including, but not limited to, this Ordinance, the Subdivision Regulations, the Engineering Standards, the Flood Prevention Standards and the City’s General Plan, and that includes all of the following:

1. Location information including an area map showing adjacent property ownership and existing uses within five hundred (500) feet of the parcel, and a legal description of the metes and bounds of the parcel.

2. Physical constraints to the site’s development. existing topographical features, including any portions of the site that are subject to flooding (indicating the extent and frequency, retention areas, calculations and maintenance responsibility); proposed roadway or major utility line extensions which may impact development; areas within aircraft approach and holding patterns and such other impediments to the property’s use and improvement as may be present or planned for the future.

3. Proposed site development that depicts the following:

a. The location and nature of the various uses and their areas in acres (summarizing land use areas, total number of dwelling units and approximate percentage allocation by dwelling type, calculation of the residential density in dwelling units per gross acre as defined in the General Plan;

b. The proposed circulation system, including any improvements (public or private) needed to accommodate additional traffic;

c. The open space system (including a general statement regarding ownership and maintenance) with indication of responsiveness to General Plan recreation/open space and perimeter treatments;

d. Relationship of the project to surrounding land uses; and,

e. Evidence of proposed land use compatibility with existing and projected community requirements, with the goals of the General Plan.

B. PRELIMINARY PAD REVIEW AND APPROVAL.

1. Applications for a Preliminary PAD shall be decided by the City Council following receipt of recommendations from the Planning and Zoning Commission. Such applications shall be processed pursuant to the procedures set forth in section 1-3-1 of this Ordinance for processing an application to amend the boundaries of a Zoning District as supplemented herein. The Development Review Committee’s and Planning and Zoning Commission’s reviews and recommendations shall be guided by the same considerations set for in section 1-3-1 of this Ordinance that are to be considered in their review of an application to amend the boundaries of a Zoning District.

2. The City Council may approve, approve with conditions, or reject and application for a Preliminary PAD district.

a. City Council may approve a Preliminary PAD district only upon finding that the proposal meets the intent, objectives and general requirements of the PAD district and is in conformance with all applicable federal, state, and local laws, ordinances, codes, rules, regulations, policies, and guidelines, including, but not limited to, this Ordinance, the Subdivision Regulations, the Engineering Standards, the Flood Prevention Standards and the City’s General Plan.

b. The Council may, as necessary, attach conditions to the Preliminary PAD district approval, which may include but are not limited to the following considerations: intensities and densities; use limitations; landscaping; screen planting; setback and height of building; paving, location of drives and parking areas; storm drainage and storm water retention; public and/or private open space; shape and size of lots; grouping and uses of buildings; maintenance of grounds; regulation of signs; fences and walls; adequacy of vehicle and pedestrian circulation and access; timing and phasing; elevations and architectural theme; or any other reasonable considerations the Council finds germane to maintain community character and neighborhood quality.

3. Upon City Council approval of an application for the Preliminary PAD district zoning, the zoning of the property shall be, by Ordinance, reflected on the City zoning map as a Preliminary PAD district. No preliminary or final plat, building permit, zoning permit or any other approvals of any development or use shall be issued for property under a Preliminary PAD zoning designation.

C. FINAL PAD APPLICATIONS. An application for a Final Planned Area Development district shall be filed on form(s) provided by the Development Services Department and shall include: the information identified in the application form(s); the information identified in the Administrative Process Manual; the information set forth herein and specified elsewhere in this Ordinance; any other data that required by the Zoning Administrator that is needed for the review of the application. Applications for an amendment shall be signed by the property owner(s) or an authorized agent of the property owner(s) and all applicable fees shall be paid when the application is submitted. The application shall include:

1. A final development plan, which includes, at a minimum, all information required on the preliminary development plan as revised in response to preliminary plan approval, with plans showing location and type of all improvements including schematic grading plans with proposed treatment of sloped retention areas; and the following explanatory, supporting details:

a. introduced by a statement of intended design philosophy and environmental quality (text, graphics, or photographic examples); and,

b. traffic analysis, including interior roadways, typical development envelopes for residential uses and building arrangements for recreational, employment, commercial or institutional uses; and,

c. standards including demand and capacity analyses for municipal systems such as transportation, water supply, sewage disposal, and other community facilities, such as schools, public safety, cultural and social services (such as libraries or multi-generational activity centers); and,

d. if the development is to be phased, a general indication, with chronology of the intended total project’s staging; and,

e. if applicable, a list of development standards from which departure is requested stating justifications for each; and,

f. plans and elevations of building types, materials, and colors, to be developed with the Final PAD district; and,

g. the number of dwelling units by type with estimated school enrollment to be generated within the entire Final PAD district.

2. Conceptual water, sewer and drainage master plans that conform to the requirements of all applicable federal, state, and local laws, ordinances, codes, rules, regulations, policies, and guidelines, including, but not limited to, this Ordinance, the Subdivision Regulations, the Engineering Standards, the Flood Prevention Standards and the City’s General Plan.

D. FINAL PAD REVIEW AND APPROVAL.

1. Applications for a Final PAD zoning district shall be decided by the City Council following receipt of recommendations from the Planning and Zoning Commission. Such applications shall be processed pursuant to the procedures set forth in Section 1-3-1 of this Ordinance for processing an application to amend the boundaries of a Zoning District as supplemented herein. The Development Review Committee’s and Planning and Zoning Commission’s reviews and recommendations shall be guided by the same considerations set for in Section 1-3-1 of this Ordinance that are to be considered in their review of an application to amend the boundaries of a Zoning District.

2. The City Council may approve, approve with conditions, or reject an application for a Preliminary PAD district.

a. City Council may approve a Final PAD district only upon finding that the proposal meets the intent, objectives and general requirements of the PAD district and is in conformance with all applicable federal, state, and local laws, ordinances, codes, rules, regulations, policies, and guidelines, including, but not limited to, this Ordinance, the Subdivision Regulations, the Engineering Standards, the Flood Prevention Standards and the City’s General Plan.

b. The Council may, as necessary, attach conditions to the Final PAD district approval, which may include but are not limited to the following considerations: intensities and densities; use limitations; landscaping; screen planting; setback and height of building; paving, location of drives and parking areas; storm drainage and storm water retention; public and/or private open space; shape and size of lots; grouping and uses of buildings; maintenance of grounds; regulation of signs; fences and walls; adequacy of vehicle and pedestrian circulation and access; timing and phasing; elevations and architectural theme; or any other reasonable considerations the Council finds germane to maintain community character and neighborhood quality.

3. Development of property within a Final PAD shall meet all applicable standards of design and construction required by applicable federal, state, and local laws, ordinances, codes, rules, regulations, policies, and guidelines, including, but not limited to, this Ordinance, the Subdivision Regulations, the Engineering Standards, the Flood Prevention Standards and the City’s General Plan, unless modifications are accepted by the City Council when approving the Final PAD district. The applicant shall submit and the Development Services Department shall make a part of the case file record statements regarding any and all approved deviations from the provisions of the Zoning Ordinance.

4. Upon City Council approval of an application for Final PAD district, the zoning of the property shall be, by Ordinance, reflected on the City zoning map as being in the Final PAD District.