(a) Applicability. This section shall apply to requests to amend the zoning map to establish a PUD Overlay District.
(b) Initiation. Any person having authority to file applications may initiate an application for establishment of a PUD Overlay District pursuant to Subsection 1165.02(a) Authority to File Applications.
(c) Procedure.
(1) Step 1 - Preliminary Plan Application. The applicant shall submit a preliminary plan application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
(2) Step 2 - Review of Preliminary Plan by Zoning Commissioner.
A. Prior to the Planning Commission meeting where the PUD is scheduled for review, the Zoning Commissioner shall review the application, preliminary plan, and proposed map amendment for completeness and prepare a staff report.
B. Upon determination that a PUD application is complete, the Zoning Commissioner shall refer the application to the Planning Commission for review.
(3) Step 3 - Review and Recommendation on Preliminary Plan Application by Planning Commission.
A. Planning Commission shall review the preliminary plan and proposed map amendment within 30 days of receipt of the completed application.
B. Planning Commission shall review the preliminary plan and proposed map amendment and recommend approval, approval with some modification, or disapproval of the application to City Council.
C. Following the recommendation on the preliminary plan and proposed map amendment, the Planning Commission shall, within a reasonable amount of time, advise City Council on its recommendation and include a statement setting forth the reasons and substantiation for such recommendation.
(4) Step 4 - Review and Decision on Preliminary Plan by City Council.
A. City Council shall review the preliminary plan and proposed map amendment during a public hearing scheduled within 40 days of receipt of the completed application and Planning Commission recommendation, and give notice in accordance with Subsection 1165.02(h) Public Notification for Public Hearings.
B. Within 15 days of the public hearing, Council shall approve the preliminary plan and map amendment, approve it with modifications, or disapprove the preliminary plan and map amendment.
C. If approved, the area shall:
2. Be considered rezoned; and
3. Be used only in accordance with the uses, densities, and conditions shown on the approved preliminary plan.
(Ord. 7675. Passed 11-11-14.)
(5) Step 5 - Final Development Plan Application.
A. Within twenty-four months of the effective date of approval of the preliminary plan, the applicant shall submit a final development plan application to the Zoning Commissioner in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
B. The final development plan shall conform substantially with the approved preliminary plan.
(Ord. 8460. Passed 11-22-22.)
(6) Step 6 - Review of Final Development Plan Application by Zoning Commissioner.
A. Prior to the Planning Commission meeting where the final development plan is scheduled for review, the Zoning Commissioner shall review the application and preliminary plan for completeness and prepare a staff report.
B. Upon determination that a final development plan application is complete, the Zoning Commissioner shall refer the application to the Planning Commission for review.
(7) Step 7 - Review and Recommendation on Final Development Plan by Planning Commission.
A. The Planning Commission shall hold a public meeting to review and make a recommendation on the final development plan. The Planning Commission shall take one of the following actions:
1. The planning commission shall give a favorable recommendation on the final development plan.
2. The Planning Commission may place the final development plan on the agenda for the next Planning Commission meeting for action.
3. Should the Planning Commission deny the final development plan, written notice of such action, including reference to the regulation or regulations not complied with by the plan, shall be given to the applicant and the applicant's engineer and/or surveyor. The action shall also be entered on the official records of the Planning Commission.
B. The Planning Commission shall approve, approve with modifications, or disapprove the final development plan within 30 days from the filing date.
C. The Planning Commission shall then forward the final development plan and Planning Commission's recommendations to City Council.
(8) Step 8 - Review and Decision on Final Development Plan by City Council.
A. After full compliance with this section, the Clerk of Planning Commission shall request the Clerk of Council to prepare the necessary legislation for City Council for introduction no later than 60 days of the recommendation of Planning Commission.
B. Council shall review the final development plan with access to the files of the Planning Commission.
C. If approval is given, the final development plan and any appropriate documents shall be signed by the Mayor and Clerk of Council upon passage of the acceptance legislation by City Council.
D. All drawings shall be returned to the Planning Commission after approval by City Council. The Zoning Commissioner shall notify the applicant of the action by City Council by mail within five days after the action by City Council. The original tracing shall be returned to the applicant for recording in the Defiance County Recorder's office. The final development plan must be recorded within 60 days or the City's approvals shall become null and void.
(d) Review Criteria. The Planning Commission and the City Council shall consider the following review criteria and shall approve only those PUD proposals that comply with these provisions:
(1) Vehicular Traffic Access and Circulation. The proper arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls, is adequate to handle all traffic generated, or expected to be generated, by the project.
(2) Pedestrian Traffic Access and Circulation. The proper arrangement of pedestrian traffic access and circulation, including separation of pedestrian traffic from vehicular traffic, walkway structures, and control of intersections with vehicular traffic, is adequate to ensure pedestrian convenience.
(3) Parking and Loading. The proper location, arrangement, appearance and amount of off-street parking and loading are adequate to handle all traffic generated by the project.
(4) Compatibility with Surrounding Developments. The location, arrangement, size and design of buildings, lighting and signs are compatible with surrounding developments and are appropriate to the uses in the PUD.
(5) Scale. There shall be an appropriate relationship of buildings and scale of the various uses.
(6) Landscaping. The type and arrangement of trees, shrubs and other landscaping provided as a visual or noise buffer between adjacent uses and adjoining lands are adequate to achieve their intended purpose.
(7) Open Space. The open space provided in the project is attractive, usable and appropriate to the project.
(8) Waste Disposal. Facilities for storm water and sanitary waste disposal are adequate to service the total project.
(9) Erosion and Flood Prevention. Structures, roadways and landscaping are designed to handle flooding, ponding and erosion in areas with moderate or high susceptibility to these conditions.
(10) Buffering. Adjacent properties are adequately protected from noise, glare, unsightliness and any other objectionable features.
(11) Conformity with Comprehensive Plan. The proposal is in general conformity with the comprehensive plan.
(12) Natural Features. The proposal will preserve natural features such as water courses, trees and rock outcrops to the maximum degree possible and will incorporate them into the layout to enhance the overall design of the PUD.
(13) Layout. The layout is designed to take advantage of existing land contours in order to provide satisfactory road gradients and suitable building sites to facilitate the provision of proposed services.
(14) Scheduling. The PUD can be substantially completed within the time schedule submitted by the applicant.
(15) Accessibility. The site will be accessible from dedicated public roads adequate to carry the traffic expected by the proposed development.
(16) Required Services. The development will not impose any undue burden on public facilities and services such as fire and police protection or other community or public services.
(17) Health, Safety and Welfare. The plan contains proposed covenants, easements and other necessary provisions reasonably required for the public health, safety and welfare.
(e) Effect of Denial of a Planned Unit Development Plan. No application for a PUD, which has been denied wholly or in part by the Planning Commission and Council, shall be resubmitted for a period of one year from the date of such denial, except on the ground of new evidence or proof of change of conditions found to be sufficient for reconsideration by Planning Commission and Council.
(f) Zoning Permits Required. No zoning permit shall be issued until the final development plan has been approved and duly recorded, and until all safety codes are complied with.
(g) Changes in the Planned Unit Development.
(1) A planned unit development shall be developed only in accordance with the approved and recorded final development plan and all approved conditions and supporting data.
(2) The recorded final development plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns, and shall limit and control the use of the premises, including the internal use of buildings and structures and the location of structures in the planned unit development as set forth therein.
(3) Major Changes.
A. Changes that alter the concept or intent of the PUD, including increases in the number of units per acre, a change in location or amount of nonresidential land use, modification in the proportion of housing types, reductions of proposed open space, or redesign of roadways, utilities or drainage systems, may be approved only by submission of a new preliminary plan and by following the procedures set forth herein.
B. Any major changes approved for the final development plan must be recorded as amendments to the recorded copy of the final plan by the Defiance County Recorder, and no building permit shall be issued until such recording is accomplished.
(4) Minor Changes.
A. The Zoning Commissioner, upon notifying the Planning Commission, may approve minor changes in the PUD.
B. Minor changes do not change the concept or intent of the development, without going through the preliminary approval procedure provided for herein.
C. A minor change is defined as any change not defined as a major change. (Ord. 7675. Passed 11-11-14.)