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Exhibit 2 of Attachment 1�0w MEETING DATE: 06/02/14 ITEM NO. �08'BF�pS COUNCIL AGENDA REPORT DATE: May 28, 2014 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: REPORT FROM THE COUNCIL PLANNED DEVELOPMENT AD HOC COMMITTEE AND DISCUSSION AND DIRECTION FOR PROPOSED TOWN CODE AMENDMENTS TO THE PLANNED DEVELOPMENT OVERLAY ZONE RECOMMENDATION: Discuss the Planned Development Ad Hoc Committee's proposed revisions to the Town Code regarding Planned Development Overlay Zones and provide direction as to next steps. BACKGROUND: In 2010 Town Council considered Planned Developments (PD's) and how PD Overlay Zones should be addressed in the General Plan as part of the General Plan update. In 2013, the previous Mayor requested a conceptual discussion of PD's to ascertain if there is Council interest in additional research on or potential changes to the Town's utilization of PD's. On November 4, 2013, the Town Council unanimously referred to Town staff the following directions: • Review Zoning Ordinance Section 29.80.080 in terms of specificity, specifically using the first sentence as guidance and the second sentence as potentially unnecessary language; • Review and clarify the lnfill Ordinance [Policy]; • Review wording of the General Plan regarding Planned Developments so that the language is consistent with the first sentence of the Zoning Ordinance; and • Consider the use of the Planned Development in specified zones. A Council Planned Development Ad Hoc Committee was established in December 2013 to work with staff regarding amendments to the Planned Development process. The Council Ad Hoc subcommittee net on numerous occasions and has drafted revisions to the Town Code regarding Planned Development Overlay Zones for Council's preliminary review and discussion. PREPARED BX: SANDY L. BAILY, Director of Special Projects J Reviewed by: Town Manager &It&Own Attorney Finance — 10/8/14 PC SE t7�taafff�Rp ReB n ?DEV`TC REPORTSQ014N]annedDevelopments 6- 2 -14.do PAGE MAYOR AND TOWN COUNCIL SUBJECT: Planned Developments May 28, 2014 DISCUSSION: The intent of the proposed amendments is to rescind the existing section of the Town Code which regulates Planned Development Overlay Zones (PD) (Attachment 1) and to implement new regulations (Attachment 2). The major changes are summarized as follows: 1. The purpose and intent of a PD has been narrowed to protect and preserve hillsides, natural and historic resources, ridgelines, trees, creeks, riparian corridors and open space. 2. PD's will only be permitted on properties that meet one of the following criteria: a) are within the Hillside Development Standards Guidelines Area Map (Attachment 3), b) have a Landmark Historic Preservation (LHP) overlay zone, c) contain a tree or stand of trees that constitutes an important community resource, and d) contains a stream, channel or creek that supports or has supported riparian vegetation, fish, and /or aquatic life. Item c will be clarified in the future Heritage Tree Ordinance. 3. There is no minimum lot size to request a PD. CONCLUSION: Town Council should evaluate the recommendations made by the Council Ad Hoc subcommittee and provide direction to staff if there is an interest to prepare the required Town Code amendments regarding the Planned Development Overlay Zone and related General Plan and policy amendments to maintain consistency between the guiding documents. ENVIRONMENTAL ASSESSMENT: This action is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: There are no fiscal impacts related to this discussion. ATTACHMENTS: 1. Excerpt from Town Code regarding Planned Development Overlay Zones 2. Draft Planned Development Overlay Zone amendments 3. Hillside Development Standards Guidelines Area Map LRP:SLB:cg DIVISION 2. PD OR PLANNED DEVELOPMENT OVERLAP' ZONE Sec. 29.80.075 Application Sec. 29.80.080. Intent Sec. 29.80.085 PD and underlying zone altematives Sec. 29.80.090. Proper subdivision required Sec. 29.80.095. Relationship of PD procedures to other ordinances Sec. 29.80. 100. General provisions in PD zones Sec. 29.80.105. Site area Sec. 29.80.110. Uses permitted Sec. 29.80.115. Density regulations Sec. 29.80.120. Adoption of official development plan Sec. 29.80.125. PD ordinance Sec. 29.80.130. Architecture and site approval Sec. 29.80.135. Phased development Sec. 29.80.140. Dedication prior to issuance of first building permit Sec. 29.80.145. Change in official development plan Secs. 29.80.150 -29.80 210 'Reserved Sec. 29.80.075. Application, (a)The following ordinances that concern designation of land PD or RPD have at various times been adopted by the Town: 847, 855, 938, 967, 977, 992, 1053, 1061, 1067, 1077, 1109, 1110, 1121, 1123, 1129, 1172, 1216, 1247, 1275, 1279, 1281, and 1302. Of the foregoing ordinances the following: (1)Have heretofore been repealed: 847, 967, 977 and 1123. (2)Were repealed by Ordinance No. 1328: 855 and 992. (3)Remain in effect, subject to the further provisions of this section: 938, 1053, 1061, 1067, 1077, 1109, 1110, 1121, 1129, 1172, 1216, 1247, 1275, 1279, 1281 and 1302. (b)lf a PD or RPD ordinance was in effect before the effective date of Ordinance No. 1328 and is not repealed by the provisions of this section, the regulations of such ordinance (including regulations that may have been incorporated by reference to the general provisions of a zoning ordinance then in effect) continue to apply to the land designated therein. However, any change in activities conducted on, or any new construction on land in such PD or RPD zone is subject to the regulations of this division. (Ord. No. 1316, § 4.82.010, 6 -7 -76; Ord. No. 1328, 8 -2 -76; Ord. No. 1363, 8 -1 -77; Ord. No. 1838, § -171, 11 -5 -90) ATTACHMENT 1 of Exhibit 2 10/8/14 PC Staff Rpt Sec. 29.80.080. Intent. The purpose of the PD or planned development overlay zone is to provide for alternative uses and developments more consistent with site characteristics than are allowed in other zones, and so create an optimum quantity and use of open space and encourage good design. The PD zone permits establishment of a single use or the integration of several uses not ordinarily possible only if use and development is in compliance with a complete development plan showing relationships of the use or uses to each other, to the district as a whole, and to surrounding areas. (Ord. No. 1316, § 4.82.020, 6 -7 -76; Ord. No. 1328, 8 -2 -76) Sec. 29.80.085. PD and underlying zone alternatives. A lot zoned PD or planned development overlay may be used either in the manner provided in the PD zone or the manner provided in the underlying zone but not both; the two (2) zones are complete alternatives. All of the regulations of the zone used apply, and none of the regulations of the other zone, except in the situation where a PD zone is used and the PD ordinance expressly incorporates provisions of the underlying zone. However, once land is used in the manner provided in one (1) of the zones an election shall not then be made to use the land in the manner provided in the other zone unless the land is made to conform in all respects to the rules of the other zone. In this respect no nonconforming use privilege exists. (Ord. No. 1316, § 4.82.030, 6 -7 -76; Ord. No. 1328, 8 -2 -76) See. 29.80.090. Proper subdivision required. Notwithstanding the provisions of section 29.80.085, land zoned PD or planned development overlay may not be used in either manner provided in the PD zoning ordinance or the manner provided in the underlying zone unless the land is subdivided in conformity with the regulations of the applicable zone. (Ord. No. 1316, § 4.81.040, 6 -7 -76; Ord. No. 1328, 8 -2 -76) Sec. 29.80.095. Relationship of PD procedures to other ordinances. Compliance with the provisions of this division does not relieve the applicant from having to comply with the subdivision ordinance or any other applicable ordinance of the Town. Subdivision applications shall not be filed for a PD until such time as the PD overlay zone ordinance has been adopted. (Ord. No. 1316, § 4.81.050, 6 -7 -76; Ord. No. 1328, 8 -2 -76; Ord. No. 1942, § 1, 5 -17- 93) See. 29.80.100. General provisions in PD zones. Unless expressly provided otherwise in the PD or planned development overlay zoning ordinance, the general provisions of this chapter which apply to all zones also apply to PD zones. Every PD ordinance shall include a statement of the extent to which the provisions of sections 29.40.015 through 29.40.070 and article V of this chapter apply. (Ord. No. 1316, § 4.82.060, 6 -7 -76; Ord. No. 1328, 8 -2 -76) Sec. 29.80.105. Site area. A planned development zone shall not consist of less than forty thousand (40,000) square feet of contiguous site area unless the purpose of the planned development is to provide housing for low income senior citizens, in which case there is no minimum site area. (Ord. No. 1316, § 4.82.070, 6 -7 -76' Ord. No. 1328, 8 -2 -76; Ord. No. 1500, 5- 18 -81) Sec. 29.80.110. Uses permitted. All uses or combinations thereof to the extent specified in the official development plan shall be permitted in the PD or planned development overlay zone. (Ord. No. 1316, § 4.82.080, 6 -7 -76; Ord. No. 1328, 8 -2 -76) Sec. 29.80.115. Density regulations. In residential planned developments the official development plan prescribes the density, which may not exceed the allowable density limits of the land use element of the general plan and any specific plan. (Ord. No. 1316, § 4.82.090, 6 -7 -76 Ord. No. 1328, 8 -2 -76) Sec. 29.80.120. Adoption of official development plan. The applicant shall file a preliminary development plan drawn to scale with any application for PD zoning showing: MA land use plan locating all proposed uses. (2)A tentative site plan illustrating the following: a.Building placement. b.Open space, public and private; indicating how it is to be used. c.Natural features such as creeks, major trees, bluffs, etc. d.Sidewalks, paths and trails. eTarking areas. f. Vehicular circulation. g.Major features on adjacent property which affect the development proposal or are potentially affected by it. (3)Schematic architectural elevations of all buildings and structures illustrated in relationship to each other and any major structures on adjacent property which are affected by the development proposal or are potentially affected by it. (4)Schedule for any phasing of development. (5)Future lot lines, condominium units and easement areas, all subject to subdivision approval. (6)Tabulation of land area including the areas of: a.Entire planned development. b. Public streets. c.Private streets. d.Driveways. e.l.and covered by buildings including garages and carports. f. Landscaped public open space. g.Landscaped private open space. h.Unoovered off - street parking. i.Net land after deduction of all public and private streets. (7)Floor area of each type of occupancy (for example: shops, offices, warehouses or dwellings). (8)Proposed number of off - street parking spaces. (9)Grading, soils, and geologic information. (IO)Proposed signing. (I I )Copies of any instrument or document such as covenants, conditions and restrictions which are intended to be used to affect the subdividing of the land. (12)Such other information as the Planning Commission or Planning Director may require, which may include but is not limited to market analysis showing the need for the planned development and its components. (Ord. No. 1316, §4.82.100, 6 -7 -76; Ord. No. 1328, 8 -2 -76) See. 29.80.125. PD ordinance. Any ordinance rezoning land to PD or planned development overlay shall incorporate the preliminary development plan as the official development plan. Either such ordinance, or the underlying zone, but not both, governs all development and use of the land. The official development plan shall specify the total number of permitted buildings, the categories of uses permitted, the total numbers of units of use, such as shops, offices, warehouses or dwellings, streets, sign regulations, and the total number of parking spaces or the formula by which the total number is to be calculated in such detail as is appropriate, and shall include any other performance standards which the Council determines are needed. (Ord. No. 1316, § 4.82.110, 6 -7 -76; Ord. No. 1328, 8 -2 -76) Sec. 29.80.130. Architecture and site approval. In a PD zone architecture and site approval is required before any construction work is performed, whether or not a permit is required for the work, and before any permit for construction is issued. However, if the construction is to be done under the regulations of the underlying zone, the regulations of that zone, including regulations pertaining to approvals and permits, apply. (Ord. No. 1316, § 4.82.120, 6 -7 -76; Ord. No. 1328, 8 -2 -76; Ord. No. 1838, § IV, 11-5- 90) Sec. 29.80.135. Phased development. Phased development shall be approved only if each phase is designed to stand as an independent development and each meets the requirements of this chapter. (Ord. No. 1316, § 4.82.130, 6 -7 -76; Ord. No. 1328, 8 -2 -76) Sec. 29.80.140. Dedication prior to issuance of first building permit. To assure that open space will be available for the entire developed PD or planned development overlay zone, public sites and development rights for required open spaces for any phase shall be dedicated in advance of the issuance of any permits. Dedications for other purposes may be required before the issuance of the first building permit. (Ord. No. 1316, § 4.82.140, 6 -7 -76; Ord. No. 1328, 8 -2 -76) See. 29.80.145. Change in official development plan. Changes in the official development plan shall be made by ordinance. (Ord. No. 1316, § 4.82.150, 6 -7 -76; Ord. No. 1328, 8 -2 -76) Secs. 29.80.150 - 29.80.210. Reserved. N:1DF %'\SANDY\Pi1nned Devc1opmOH1SlPD.Tox'nCode.docx This Page Intentionally Left Blank DIVISION 2. PLANNED DEVELOPMENT OVERLAY ZONE See. 29.80.075. Purpose and Intent. Sec. 29.80.080. Limitations on Use of Planned Development. Sec. 29.80.085. Relationship of Planned Development procedures to other ordinances. Sec. 29.80.090. Requirements. See. 29.80.095. Findings. Sec. 29.80.100. Phased development. Sec. 29.80.105. Dedication prior to issuance of first building permit. Sec. 29.80.110. Vested. Sec. 29.80.120. Amendments to Previously Approved Planned Developments. Sec. 29.80.075. Purpose and Intent. The purpose and intent of the Planned Development Overlay Zone (PD) is to ensure that property is developed, designed and sited to protect, preserve and enhance conservation and enrichment of hillsides, natural and historic resources, ridgelines, tree or stand of trees, creek and riparian corridors and open space. Sec. 29.80.080. Limitations on Use of Planned Development. An Application for a PD shall only be considered in conjunction with a subdivision of property that meets the Purpose and Intent of this Division and shall only be considered for use on property that meets one of the following criteria: A. Property that is designated within the Hillside Development Standards Guidelines Area Map. B. Property that is designated within the Landmark Historic Preservation (LHP) Overlay Zone. C. Property with a tree or "stand of trees " that is unique, historical, ecological, or of aesthetic value, such that it constitutes an important community resource as determined according to standards set forth in the Town's Heritage Tree Ordinance. D. Property that contains a stream, channel, or creek that supports or has supported riparian vegetation, fish, and /or aquatic life. See. 29.80.085. Relationship of Planned Development procedures to other ordinances. The provisions of this Division do not negate the application of any existing land use regulation, ordinance, General Plan provision or any other provision of the town Code otherwise applicable to the property. Sec. 29.80.090. Requirements. The PD application shall clearly demonstrate that proposed development has been designed and sited to ensure that impacts and disturbance to the property are minimized to protect, preserve and enhance conservation and enrichment of hillsides, natural and historic resources, ridgelines, tree or stand of trees, creek and riparian corridors and open space. The PD application shall include a text and plans or diagrams that specify all of the following: of Exhibit 2 10/8/14 PC Staff I . Compliance with Section 29.80.075; Purpose and Intent. 2. Compliance with Section 29.80.080; Limitations on Use of Planned Development. 3. Conformity of the PD to the General Plan. 4. A plan or set of plans that set out characteristics existing on the property which warrant application of the PD Overlay Zone. 5. Proposed distribution, location and extent of the uses of land, including open space. 6. Proposed standards and criteria by which development will proceed, including standards for conservation, development and utilization of natural and historic resources. 7. Proposed deviations from the land use regulations applicable to the underlying zoning district(s). Sec. 29.80.095. Findings. The deciding body, on the basis of evidence submitted at the hearing, may adopt a PD if it determines that the PD meets the requirements of Section 29.80.80, specifically, that it will protect, preserve and enhance conservation and enrichment of hillsides, natural and historic resources, ridgelines, tree or stand of trees, creek and riparian corridors and open space. Sec. 29.80.100. Phased development. Proposed phasing plans shall be reviewed and adopted by the Town Council only if each phase is self - sufficient and is not dependent on subsequent phases to fulfill infrastructure requirements and /or conditions of approval. See. 29.80.105. Dedication prior to issuance of first building permit. Development rights for required open spaces shall be dedicated in advance of the issuance of any building permits. Sec. 29.80.110. Vested. Failure to obtain building permits for the approved Planned Development within 24 months from the date of approval will automatically void the PD ordinance, unless an extension of time has been granted by the Town Council for good cause shown. Sec. 29.80.120. Amendments to Previously Approved Planned Development. Amendments to a PD approved both prior to and after the adoption of this Division may only be considered under this Division and its provisions and must meet the requirements set forth herein. NADEVISANDYTIamcd Developmemse\draftord.6.2A4.docx w« w« w r w w w w a z = N i l s This Page Intentionally Left Blank