(A) Special use. Planned development shall be permitted as a special use in appropriate zones only after specific approval by the Planning and Zoning Board of Appeals and the City Council as set forth under § 165.089 of this chapter and this section.
(B) Purpose.
(1) The purpose of planned development regulations is to allow more creative and imaginative design for land developments than is possible under more conventional zoning regulations. In this regard, the bulk and use regulations of any district may be modified within a planned development. Preservation of natural site qualities, better urban amenities, more open space, and a higher quality project are the desired results of the planned development process.
(2) In addition to the purposes detailed in § 165.089, the following objectives are sought through the use of the planned development procedure:
(a) To permit a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities;
(b) To encourage a pattern of development to preserve natural vegetation, topographic and geological features and environmentally appropriate features;
(c) To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development;
(d) To provide for more usable and suitably located recreation facilities and other public and private facilities; and
(e) To encourage a land use which promotes the public health, safety, comfort, morals, and welfare.
(C) Pre-application procedure. Prior to the filing of an application for approval of a planned development, the developer may request an informal meeting with the city administration and key department heads and/or with the Planning and Zoning Board of Appeals at a regularly-scheduled meeting of that body. The pre-application conference is not mandatory. It is intended that the informal proposal submitted will be in preliminary conceptual form, and the substance and detail of the matters presented shall, beyond complying with the requirements of this chapter, be largely within the discretion of the developer. However, the city and/or Planning and Zoning Board of Appeals may request the submission of other specified information or documentation. The purpose of the conference shall be informal communication, information, and discussion, and no commitments shall be given nor shall statements or opinions of the City or Planning and Zoning Board of Appeals be deemed binding. No recommendations need be made to, or acted upon, by the City Council.
(D) Preliminary plan stage. The purpose of the preliminary plan is to obtain tentative approval and/or commitments from the city that the plans, design and program that the developer intends to build and follow are acceptable, and that the developer can reasonably proceed into final detailed architecture, engineering, surveying and landscape architecture in anticipation of final plan approval and subsequent construction. This is a relatively detailed submission that assures the developer that its plan is acceptable and that it can invest the money necessary to prepare final plans with the assurance that the final plat and plans will be accepted if they substantially conform to the preliminary plat and plans. It is at this stage that final modifications, adjustments and interpretations are made to the conceptual plan.
(1) Procedure. Every application for planned development shall begin with a request for preliminary plan approval, unless waived by the Zoning Administrator. Applications shall be submitted to the City Clerk who shall refer same to the Zoning Administrator and Planning and Zoning Board of Appeals for a public hearing and report and recommendation as to whether the City Council should approve the preliminary plan.
(2) General requirements. Applications for review of preliminary plans must include all information and materials required in this section and § 165.089(C). Seventeen copies of all required information shall be submitted, which will then be given to members of the Planning and Zoning Board of Appeals, the City Council and staff. The application shall be accompanied by a fee as provided in § 165.089.
(3) Specific requirements. The following plans and other documentation must be submitted as part of planned development applications, unless waived by the Zoning Administrator. The Zoning Administrator may also require additional documents be provided before the preliminary hearing.
(a) Detailed plan/plat. A drawing of the planned development shall be prepared at a scale of not less than one inch to 100 feet (one inch equals 100 feet) and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas and other facilities to indicate the character of the proposed development. The submission shall include:
1. Boundary lines bearings and distance;
2. Easements - location, width and purpose;
3. Streets on and adjacent to the tract street names, right-of-way widths, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts and the like;
4. Utilities - a preliminary engineering study providing information on existing and proposed sanitary, storm, water and other utilities unnecessary to adequately service the development;
5. Ground elevations on the tract;
6. Other conditions on the tract - watercourses, floodplains, marshes, rock outcrops, wooded areas, isolated preservable trees one foot or more in diameter, houses, accessory buildings and other significant features;
7. Other conditions on adjacent land - approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers, and other non-residential land uses or adverse influences; owners of adjacent unplatted land (adjacent platted land shall be referred to by subdivision plat name and show approximate percent built-up. typical lot size, and dwelling type);
8. Zoning - show zoning districts on and adjacent to the tract;
9. Proposed public improvements - highways or other major improvements planned by public authorities for future construction on or near the tract;
10. Open space - all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated;
11. Structures - general location, purpose, and height of each building;
12. Map data - name of development, name of site planner, north point, scale, date of preparation, and acreage of site; and
13. Miscellaneous - such additional information as may be required by the Planning and Zoning Board of Appeals.
(b) Objectives. A statement of planning objectives to be achieved by the planned development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer;
(c) Ownership. Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the County Recorder of Deeds, if legal title to the property is in trust, then a statement of names and percentage of interest of all the beneficiaries shall be submitted. If legal title to the property is in a corporation, limited partnership, or other legal entity, then a statement of the names of all persons or entities owning 10% or more of the stock or other ownership interest shall be submitted;
(d) Schedule. Development schedule indicating:
1. The stages in which the project will be built with an emphasis on area, density, use, and public facilities such as open space to be developed with each stage; and
2. Approximate dates for beginning and completing each stage. The overall design of each stage shall be shown on the plat and through supporting graphic material.
(e) Density. In residential planned developments, information on the density of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type, and the number of bedrooms in each dwelling unit type;
(f) Non-residential use. In all planned developments, information on the type and amount of ancillary and non-residential uses, including the amount of open space;
(g) Service facilities. Information on all service facilities and off-street parking facilities;
(h) Architectural renderings/plans. Preliminary architectural renderings/plan for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size and type of dwelling units. Also, provide floor area of building types and total ground coverage and height of buildings;
(i) Landscape plans. Preliminary plans for vegetation, earth sculpturing, berming, and aesthetic features, which will adhere to Chapter 162;
(j) Facilities plans. Preliminary plans or information, adequate to indicate that the proposed development can be serviced, shall be submitted for:
1. Roads, including classification, width of right-of-way, width of pavement, and typical construction details;
2. Sanitary sewers;
3. Storm drainage;
4. Water supply system;
5. Lighting programs; and
6. Sidewalks, paths and trails.
(k) School impact study. For residential planned developments, information on the student load and financial impact on the local school districts, including expected scheduling of potential students;
(l) Tax impact study. Information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary services to the project;
(m) Traffic analysis. Information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the planned development. Also, an analysis should be made of the adequacy of the internal vehicular circulation pattern; and
(n) Market, study. An economic feasibility study of the planned development, including information on land utilization and marketing potential. Evidence should be presented showing the need and feasibility of the proposed development.
(4) Preliminary hearing. The Planning and Zoning Board of Appeals shall hold a public hearing on the application for a planned development, in accordance with the requirements and standards contained in this section and § 165.088. The Planning and Zoning Board of Appeals shall make written findings of fact and shall submit same together with its recommendation to the City Council within 30 days of the public hearing.
(5) City Council action. The City Council shall not act upon an application until it has received the report and recommendation of the Planning and Zoning Board of Appeals. After receipt, the City Council shall approve, modify or disapprove the preliminary plan, considering the requirements and standards contained in this section and § 165.088. The City Council may require such special conditions in the approval of the preliminary plan as it may deem necessary to ensure conformity with the intent of all comprehensive plan elements, the stated purpose of the planned development, and the general and specific purposes for planned developments.
(6) Preliminary approval. If the preliminary plan is approved by the City Council, the final plan, once submitted and considered by the Planning and Zoning Board of Appeals and the City Council, shall be approved and the planned development, as a form of conditional use, granted by ordinance, if it conforms with the preliminary plan, including any conditions and/or modifications imposed by the City Council. Approval of a preliminary plan shall not constitute approval of the final plan; rather, it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan(s). No building permit shall be issued for any structure until a final planned development plan has been filed and approved.
(E) Final plan stage. The developer shall submit the final plan(s) for the planned development not later than one year (or such additional time, as may be authorized by resolution of the City Council) after approval of the preliminary plan. Preliminary and final plans may be filed and approved simultaneously, or the final plan approved without the preliminary plan, if all of the land is to be developed at one time and if all requirements of both the preliminary and final plan procedures are met.
(1) Procedure. Final plans shall be submitted to the Zoning Administrator, who shall refer same to the Planning and Zoning Board of Appeals for a public hearing and report and recommendation as to whether the City Council should approve the final plan. All documents required in the preliminary plan stage must also be provided in the final plan stage, with updates made for any known or contemplated changes to the preliminary plan. Such alterations shall not substantially alter the approved preliminary plans beyond any conditions imposed by the city.
(2) Final plat. A final planned development plat, suitable for recording with the County Recorder of Deeds, shall be prepared and submitted to the Planning and Zoning Board of Appeals. The purpose of the final plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land not so treated into common open areas and building areas. The final plat shall include, but not be limited to:
(a) An accurate legal description of the entire area under immediate development within the planned development;
(b) A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat;
(c) An accurate legal description of each separate nnsubdivided use area, including common open space;
(d) Designation of the exact location of all buildings to be constructed;
(e) Certificates, seals and signatures required for the dedication of lands and recording the documents; and
(f) Tabulations on separate unsubdivided use area, land area, number of buildings, number of dwelling units, and dwelling units per acre.
(3) Final plans. Any preliminary documents submitted as part of the approved preliminary plan must be provided in final, updated form, including, but not limited to, architectural plans, landscaping plans and facilities plans.
(4) Common open space. All common open space may be either conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the planned development, or retained by the developer. In any event, the City Council may require legally binding covenants and other guarantees, in a form approved by the City Attorney, that the common open space will be permanently preserved as an open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien against the individually owned property in the planned development for maintenance and improvement of the common open space. Such documents shall also provide that the city shall have the right, but not the obligation, to perform necessary maintenance of the common open space and shall have a lien against the individually owned property in the planned development for the costs thereof.
(5) Public facilities. All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plan, or at the election of the city, escrow deposits, irrevocable letters of credit in a form approved by the City Attorney, or performance bonds shall be delivered to the city to guarantee construction of the required improvements.
(6) Construction plan. Detailed plans shall be submitted for the design, construction or installation of site amenities, including buildings, landscaping, lakes and other site improvements. A final construction schedule shall be submitted for that portion of the planned development for which approval is being requested.
(7) Covenants. In residential planned developments, agreements, provisions or covenants that will govern the use, maintenance and continued protection of the planned development and any of its common open space shall be provided. Said covenants shall be reviewed and approved by the City Attorney prior to recordation.
(8) Final hearing. Within 30 days after receiving the final plan and supporting documents, the Planning and Zoning Board of Appeals shall review the final plan at a public meeting to determine whether the final plan is in substantial conformance with the approved preliminary plan. The Planning and Zoning Board of Appeals shall determine whether the final plan is in conformity with the regulations provided in this section and the approved preliminary plan. The Planning and Zoning Board shall recommend approval, approval with conditions or denial of approval of the final plat. The Planning and Zoning Board of Appeals shall make written findings and shall submit same together with its recommendation to the City Council within 30 days of the public hearing. If the applicant opted to submit preliminary and final plans together, or final plans alone, the hearing shall be as provided in division (D)(4) above.
(9) City Council action. The City Council shall not act upon a final planned development plan until it has received the report and recommendation of the Planning and Zoning Board of Appeals. After receipt, the City Council shall approve, approve with conditions or disapprove the preliminary plan. The City Council may require such special conditions in the approval of the final plan as it may deem necessary to ensure conformity with the intent of all comprehensive plan elements, the stated purpose of the planned development, and the general and specific purposes for planned developments. Approval of a final plan by the City Council is valid for a time period of one year, within which time the final plat must be recorded. If the applicant opted to submit preliminary and final plans together, or final plans alone, approval shall be considered as provided in division (D)(5) above.
(F) Notice. Notice of the time and place of any preliminary’ hearing, or any final hearing when a preliminary hearing has been bypassed, shall be given in the following manner:
(1) By publishing notice at least once in one or more newspapers of general circulation within the city, not more than 30, nor less than 15 days prior to such hearing;
(2) By posting notice as provided in § 165.085 for special uses;
(3) By mailing via certified mail notice to all owners of property within 250 feet of the boundaries of the planned development, with a description of the proposed planned development and a legal description of the subject property; and
(4) By mailing via certified mail the same notice to owners of property beyond 250 feet of the boundaries of the planned development, as required by the Zoning Administrator if he or she deems it necessary and reasonable because of the size or nature of the development, unusual configuration of the property involved, or any other reason likely to result in a direct impact of the development on residents beyond 250 feet.
(G) Generally. The following regulations shall also apply, unless waived by City Council after consideration by the Planning and Zoning Board of Appeals.
(1) Spacing and orientation of building groups - residential.
(a) Walls containing main window exposures or main entrances shall be so oriented as to ensure adequate light and air exposure.
(b) Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.
(c) A building wall containing windows and an entrance way shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 50 feet.
(d) A building wall containing only windows or only an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 25 feet.
(e) A building group shall not be so arranged that any temporary or permanently inhabited building is inaccessible to emergency vehicles.
(f) The proposed site shall be properly landscaped, so as to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffer zones may be required. No certificate of occupancy shall be issued for any such building or buildings, unless the same conforms in all respects to such site plans and unless all facilities included in the site plan are in accordance with the requirements set forth herein. Proper landscaping shall be provided along all walks and streets, around recreation areas and along the outer property line of the site.
(g) The maximum length of any group of attached structures shall not exceed 150 feet. A building group may not be so arranged as to be inaccessible by emergency vehicles.
(2) Spacing and orientation of building groups - business and industrial.
(a) Exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building.
(b) A building group shall not be so arranged that any permanently or temporarily occupied building is inaccessible to emergency vehicles.
(3) Circulation.
(a) There shall be an adequate, safe and convenient arrangement of pedestrian circulation, facilities, roadways, driveways and off-street parking and loading space.
(b) There shall be an adequate amount in a suitable location, of pedestrian walks, malls and landscaped spaces, to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities.
(c) Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(4) Paving and drainage. There shall be an adequate design of grades, paving, gutters, drainage and treatment of turf to handle storm waters, prevent erosion, and to prevent the formation of dust.
(5) Driveways. All driveways and parking areas shall be developed with all-weather hard surfaces and shall contain facilities for light illumination.
(6) Signs and lighting. Signs and lighting devices shall be properly arranged with respect to traffic-control devices and adjacent residential districts.
(7) Open space.
(a) Permanent open space refers to parks, playgrounds, parkway medians, landscaped green space, landscape swales (or similar drainage practices), schools, community centers, parking amenities (including, but not limited to, ride-sharing spots, charging stations and bicycle racks) or other similar areas in public ownership or areas covered by an open easement.
(b) Pervious open space shall be limited to any land used as yards, parks, recreational areas, landscaped green areas, and landscape swales (or similar drainage practices), but shall not include areas used for off-street parking and any area, the use of which notwithstanding, that has been compacted or covered with a layer of material so that it does not readily absorb or retain water.
(c) No plan for a planned development shall be approved unless such plan provides for a certain percentage of total area classifiable as permanent open space. That percentage is 20% in the R-1 District and 10% in the U-TOD district.
(d) No plan for a planned development shall be approved unless such plan provides for a certain percentage of gross land area classifiable as pervious open space. That percentage is 20% in the R-1 District, 10% in the C-2 District, 15% in the I-1 and I-2 Districts, and 10% in the U-TOD District.
(e) Any applicant for a planned development who desires a variance reducing these open space requirements shall be responsible for demonstrating that the proposed development will not increase the area’s runoff and will include sufficient green space.
(f) Stormwater facilities.
1. As used in this division (G)(7), STORMWATER FACILITIES shall include the following:
a. Vegetated swale. A shallow, landscaped area designed to capture, convey and potentially infiltrate stormwater runoff as it moves from a paved surface;
b. Infiltration/flow-through planter. A contained landscaped area designed to capture and retain stormwater runoff; and
c. Rain garden. A shallow, landscaped area that can collect, slow down, filter and absorb large volumes of water and can also delay discharge into a connected watershed system, either natural or human-made.
2. All three stormwater facilities can be used in an urban, suburban or rural area of the city. They can be used in street or parking lot applications.
(8) Minimum lot, area in residential planned developments. Provided the overall number of dwelling units per acre (density) is not increased beyond the provisions of § 165.089(I)(4) of this chapter, and provided that the permanent open space in accord with division (E)(7) above, the minimum individual lot area per dwelling unit provisions of the district in which the development is located may be waived.
(Prior Code, § 166.033) (Ord. 2151, passed 6-28-1971; Ord. 2021-043, passed 9-14-2021; Ord. 2021-062, passed 12-14-2021)