§ 2.04.17. PD—Planned development.


Latest version.
  • The planned development district is intended to allow for various and mixed uses in a single, comprehensive development. The district is established to allow an applicant to submit a land use development proposal for consideration, to allow the site plan technical review committee and planning board to review and recommend, and to allow the board of county commissioners to approve a proposal which it determines to be in the best interest of the public health, safety, and welfare, along with any conditions, requirements or limitations that recommending bodies or the board of county commissioners deem advisable.

    The planned development district is established to encourage developments of a superior quality by allowing flexibility and creativity in design options. The district is intended to promote more efficient and economic uses of land; provide opportunities for design innovations by individual planned developments which are not provided for or allowed in the underlying zoning districts established by this Code; promote home ownership opportunities for all residents of the community; encourage flexibility in design and allow planned integration of multiple uses and structures; encourage uses of land which reduce transportation impacts, provide for more usable and suitable located recreational facilities, open spaces and scenic areas, either commonly owned or publicly owned, than would otherwise be provided under conventional land development procedures; permit the enhancement of neighborhoods through the preservation of natural features; allow design options that complement and ensure compatibility with surrounding land uses; lower development and building costs by permitting a variety of lot sizes, networks of utilities and streets and the use of more economical building types and shared facilities; and accomplish more desirable living and working environments than would be possible through the strict application of the minimum requirements of the county's other land development, zoning and subdivision regulations.

    A.

    Permitted principal uses and structures. Any number, variety or mix of uses may be considered in a planned development district, provided that all such uses are internally consistent, compatible or complementary.

    B.

    Consistency with land development regulations and comprehensive plan. A planned development district may be located in any future land use classification and must be consistent with the purpose and intent of the classification or classifications in which it is located. All building, housing and other codes as incorporated by article XIII of this Code or as otherwise prescribed by law are applicable to the planned development district. All other land development regulations are applicable to the planned development district; provided, any other land development regulation may be modified provided such regulation is identified and provided the purpose and extent of any modification is described and demonstrated to be reasonable and appropriate in the context of the planned development and provides for public health, safety and welfare. Special exceptions and variances pursuant to article XI do not apply and are not allowed.

    C.

    Status of approved planned development. When approved pursuant to the provisions of the Code, the conceptual development plan and other materials and documents as are adopted by ordinance shall constitute an amendment to these regulations and to the official zoning atlas. Development within a planned development may occur only in conformity with the approved conceptual development plan unless amended as provided below.

    D.

    Application requirements. A petition for a planned development district shall, at a minimum, include the following:

    1.

    An application provided by the department with applicable fees.

    2.

    A written statement describing the nature and intent of the proposed development.

    3.

    A professionally prepared conceptual development plan that conveys the general extent and character of the proposed development and that illustrates

    a.

    The title of the project and name of the developer,

    b.

    Areas of residential and non residential development,

    c.

    The location and extent of proposed open space areas,

    d.

    The location of proposed community or public uses, such as recreation areas, clubhouses, schools, houses of worship and the like,

    e.

    Basic vehicular, pedestrian and other circulation systems,

    f.

    Proposed points and methods of access, and

    g.

    Anticipated phasing plans.

    4.

    A summary in tabular or similar form of:

    a.

    The maximum number by type of residential units,

    b.

    The total land area and overall gross density of residential units and the land area and density of each distinct residential area,

    c.

    The total maximum square feet by type of commercial, industrial, institutional and other such uses and the maximum square feet by type for each distinct development area,

    d.

    The floor area ratio for any building over three stories including a drawing of the assumed lot boundaries, and

    e.

    Approximate land area by type of conservation, retention, recreation, parks and other open space areas.

    5.

    Sufficient surveys, drawings or other information to indicate the general proposed drainage plan including outfalls and a written summary of the proposed drainage plan.

    6.

    A list and description of any areas or facilities proposed to be dedicated for public use.

    7.

    A phasing plan if applicable.

    8.

    A proposed time frame for completion of each phase and of the entire development.

    9.

    A site as-built map indicating the boundaries of the subject property and indicating all streets, buildings, water courses and other important features.

    10.

    A description and location of identified environmentally sensitive lands.

    11.

    A preliminary traffic impact analysis and discussion of the availability or proposed construction of necessary transportation facilities by proposed phase.

    12.

    A preliminary analysis of the impact on schools.

    13.

    A discussion of the proposed or anticipated sources of potable water, sanitary sewer and other utilities and of the availability of such utilities based on projected residential and non-residential demand.

    14.

    A list of required regional, state or federal permits or approvals.

    15.

    Other written or graphic materials, such as architectural elevations, may be submitted to convey or clarify the nature, character, intent or other attributes of the proposed development.

    E.

    Other requirements and conditions.

    1.

    All plans, maps, surveys, documents and the like required as part of the application may be submitted in a large format or in binders where appropriate for review and presentation purposes, but shall also be submitted in a reproducible format for distribution to the review boards unless a sufficient number of copies is provided.

    2.

    When provisions for phasing are included in the development plan, each phase of the development must be so planned and so related to previous development, surrounding properties, and the availability of public facilities and services that failure to proceed with subsequent phases of the development will have no adverse impact on any completed phase or surrounding properties.

    3.

    The board of county commissioners may establish, in addition to concurrency requirements, reasonable periods of time for completing the project or phases thereof, including any dedicated public facilities which are a part of the development.

    4.

    If the review of construction plans, the review of a final traffic impact analysis or the process of obtaining required regional, state or federal permits results in a finding by the Department that amendments to the planned development are necessary beyond those that may be approved administratively, including a failure to meet an established level of service, the development plan shall be resubmitted to the planning board and board of county commissioners for review and consideration of such amendments.

    F.

    Amending a planned development. A planned development may be amended in the same manner in which a planned development is initially approved; provided, a minor amendment may be approved by the Department or may be referred to the board of county commissioners or other recommending bodies at the director's discretion. A minor amendment include the following:

    1.

    Any increase by up to five percent or any decrease in the total square footage of any building or the density or intensity in the approved development plan;

    2.

    Internal realignment of rights-of-way, other than a relocation of access points to the Planned Development itself, where there is no net reduction of the size of conservation/preservation areas or required easements;

    3.

    Relocation of building envelopes where there is no encroachment upon required conservation or preservation areas and no reduction in the setbacks between the buildings and perimeter boundary lines;

    4.

    Relocation of swimming pools, clubhouses, or other recreation or other common facilities when such relocation will have no net impact on adjacent properties or land uses; and,

    5.

    Relocation, reduction, or reconfiguration of lakes, ponds, or other water facilities subject to the submittal and approval of revised water management plans.

(Ord. No. 2005-12, 1(Exh. A), 7-28-05)

Editor's note

Ord. No. 2005-12, § 1(Exh. A), adopted July 28, 2005, set out provisions for § 2.04.16. As this section already existed, these provisions were included as § 2.04.17 to maintain the numeric sequencing of this Code.