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(a) The owner/developer shall consider the suggestions made by the Planning Commission. After making the appropriate changes, the owner/developer shall formally submit the preliminary I-PUD plan (eight copies) and the zone change request to the Zoning Inspector at least fifteen (15) working days prior to the next meeting. The preliminary I-PUD plan shall be placed on the agenda for the next regular meeting of the Commission. The Zoning Inspector shall develop the appropriate legislation for the first reading of the zone change request ordinance for the next regular Council meeting. The zone change request shall include all of the information normally required under Section 1131.03.
(b) The format submission shall be accompanied by a non-refundable fee of two thousand dollars ($2,000) to cover administrative costs and plan review costs by the City Engineer. (Ord. 2003-01. Passed 1-2-03.)
The Planning Commission shall consider the following factors in making its recommendation to Council:
(a) That the I-PUD District is in conformance with the Comprehensive Plan.
(b) That each individual stage of development shall not exceed the maximum density proposed for the planned unit development landholding as a whole.
(c) That the use proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts.
(d) That the areas proposed shall be used only for industrial purposes and the usual accessory areas.
(e) That the internal private drives that are proposed shall properly interconnect with the surrounding existing major and minor streets as designated in the major thoroughfare plan and be able to withstand anticipated loads.
(f) That the minimum common open space area has been designated and shall be duly transferred to a legal entity as herein provided.
(g) That the preliminary I-PUD plan is consistent with the intent and purpose of this Zoning Ordinance, to promote public health, safety and general welfare of the residents of the Municipality.
(h) Whether or not curbing is appropriate.
(Ord. 2003-01. Passed 1-2-03.)
Within thirty days from the date of Council referral, the Secretary of the Planning Commission shall provide a written recommendation to Council regarding the preliminary I-PUD plan and zone change request. In this recommendation, the Commission may by motion:
(a) Recommend approval of the preliminary I-PUD plan and zone change request.
(b) Recommend approval with certain modifications, revisions or restrictions.
(c) Recommend disapproval of the preliminary I-PUD plan and zone change request.
(Ord. 2003-01. Passed 1-2-03.)
Within thirty days of the receipt of the Planning Commission recommendation, Council shall hold a public hearing on the preliminary PUD plan and zone change request. Notice of the hearing shall be published at least fifteen days prior to the hearing date. Hearing notice requirements shall follow the rules established in Section 4.13 of the Charter of the City of Canfield. (Ord. 2003-01. Passed 1-2-03.)
Within thirty (30) days after the hearing date, Council shall take action regarding the preliminary I-PUD plan and zone change request. In considering the I-PUD proposal, Council shall evaluate those same factors considered by the Planning Commission in Section 1155.12.
If the Commission recommends approval of the I-PUD, approval by Council requires only three-fifths majority vote. If Council adds or deletes modifications or limitations and thus changes the preliminary plan approved by the Commission, passage requires a three-fifths majority vote of Council.
If the Commission recommends disapproval of the I-PUD, passage by Council requires four-fifths majority.
Approval of the preliminary I-PUD plan and zone change request shall be limited to the general acceptability of the land uses proposed, the general arrangement of the development and the interrelationship of uses and the density level. The approval does not endorse precise locations of uses, exact parcel configuration or engineering feasibility. Approval of the preliminary I-PUD plan and zone change request shall constitute the creation of a separate I-PUD District. The I-PUD District is applicable only to the specific approved preliminary I-PUD plan. Any new preliminary I-PUD plan or any major changes to the approved plan shall require reconsideration by the Commission and by Council.
At the time of adopting any ordinance establishing an R-PUD District, Council shall make appropriate arrangements with the owner/developer which will ensure the accomplishment of the public improvements and reservation of the common open space as shown on the approved preliminary I-PUD plan.
(Ord. 2003-01. Passed 1-2-03.)
The owner/developer shall submit a final I-PUD plan to the Planning Commission within one year of Council's approval of the I-PUD zone change. If no final I-PUD plan is submitted within one year, the I-PUD zone change shall become null and void and the property shall revert to its former zoning classification.
(Ord. 2003-01. Passed 1-2-03.)
Once the I-PUD Zoning District and the preliminary PUD plan have been approved by Council, the owner/developer shall proceed with the preparation of the detailed final I-PUD plan. The detailed final I-PUD plan shall be reviewed and approved by the Planning Commission and Council prior to the issuance of any zoning certificate by the Zoning Inspector. When the individual stage being reviewed is located within the D-Design Area or Historical Area as shown on the Design Area Map, the Design Review Committee and/or Historical Preservation Area Review Committee shall participate in the review process with the Commission.
The detailed final I-PUD plan shall be prepared for the owner/developer and shall bear the original signature, and/or original seal of the professionally competent professional engineer, architect or landscape architect; shall be in accordance with the approved preliminary I-PUD plan; and shall include the following:
(a) Survey of the tract to be developed showing existing physical features, general topography, drainage ways and tree cover and streets, easements and utility lines.
(b) Detailed site plans showing lot lines, building outlines, off-street parking spaces, pedestrian walkways and vehicular circulation.
(c) Preliminary building plans, including floor plans and exterior elevations.
(d) Landscaping plans including quantity, size and varieties of landscaping.
(e) Specific detailed engineering plans, including site grading, street improvements, drainage and utility improvements, and extensions as necessary.
(f) All necessary legal documentation relating to the organization of the legal entity created for the purpose of maintaining the required common open space included within the planned unit development.
(g) Copies of any restrictive covenants that are to be recorded.
After submittal the Commission may make suggestions to the owner/developer regarding modifications which would improve the likelihood of approval of the final I-PUD plan. The owner/developer may modify the final I-PUD plan before a final action is taken by the Commission. The owner/developer may withdraw the submission of the final I-PUD plan if additional time is needed for the modifications.
(Ord. 2003-01. Passed 1-2-03.)
The Planning Commission has the authority to approve the final I-PUD plan only if the final I-PUD plan is in conformance with the preliminary I-PUD plan approved by Council. Additional factors to be considered by the Commission shall include:
(a) That the proposed detailed final I-PUD plan for the individual section of the overall I-PUD District is in conformance with the approved preliminary I-PUD plan and the Comprehensive Plan map and text of the Municipality.
(b) That each individual stage of the planned unit development can exist as an independent planned unit development which is capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective can be obtained.
(c) That any part of the planned unit development not used for structures, parking and loading areas or streets, shall be grassed, landscaped or otherwise improved, or if approved by the Commission, left in its natural state.
(d) That any exception from the standard requirements of this Zoning Ordinance is warranted by the design and amenities incorporated in the detailed final I-PUD plan, in accordance with the adopted policy of the Commission and Council.
(e) That the internal private drives proposed are suitable and adequate to accommodate the anticipated traffic within and through the development.
(f) That the detailed final I-PUD plan is consistent with the intent and purpose of this Zoning Ordinance to promote public health, safety and general welfare of the residents of the Municipality
(Ord. 2003-01. Passed 1-2-03.)
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