(A) Purpose. The purpose of this section is to provide adequate review of applications for planned developments.
(B) General provisions. Review of applications for Planned Development Districts shall be conducted in compliance with the following general provisions:
(1) Review for completeness. Each planned development application shall be reviewed for completeness and compliance with the applicable submission requirements, unless specific items are determined by staff to be inapplicable or unnecessary. If the application is deemed insufficient, the staff shall notify the applicant of the deficiencies. Only complete applications shall be placed on the Planning and Zoning Commission agenda. When the application is determined complete and all applicable fees have been paid, the staff shall officially accept the application for consideration. This shall include either a preliminary development plan as set forth in division (D)(1) of this section or a final development plan as set forth in division (E) of this section.
(2) Previously approved Planned Development Districts. Planned Development Districts, including development plans and development standards text adopted prior to the effective date of these Planned Development District regulations, shall continue in effect and be considered legally conforming under this code. However, the procedures for the implementation of those developments must conform to the regulations indicated in this code.
(3) Subdivision plat approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Chapter 152, Subdivision Regulations, including any subsequent changes to subdivision plats. Preliminary development plan approval and preliminary subdivision plat approval may proceed simultaneously. Final development plan approval and final plat approval shall proceed simultaneously, unless a final plat has already been approved or is not required for completion of the project.
(C) Zoning amendment pre-application meeting with concept plan. The applicant shall meet with the appropriate staff of the Development Department for review of a concept plan prior to submitting an application for a Planned Development District zoning amendment. The concept plan is intended to outline the basic scope, character and nature of a proposed project. The review is to provide input in the formative stages of design.
(1) The applicant shall submit a concept plan for review by the staff. The concept plan shall include the elements indicated in § 153.054(A).
(2) The staff shall forward complex projects, projects involving more than 25 acres, and projects that may not comply with the Community Plan to the Planning and Zoning Commission for their review and feedback.
(3) The applicant may request review and feedback from the Planning and Zoning Commission and/or City Council prior to preparing a preliminary development plan.
(4) No discussions, opinions, or suggestions provided on any aspect of the concept plan shall bind the applicant, or the city, or be relied upon by the applicant to indicate subsequent approval or disapproval by the city.
(D) Zoning amendment request. An application for a zoning amendment to the Planned Development District shall be submitted according to § 153.234. In addition to the submission requirements for zoning amendments, the applicant shall also submit a preliminary development plan and supporting documentation as required below.
(1) Preliminary development plan review procedures. The application, including all submission requirements for preliminary development plans set forth in § 153.054(B), shall be reviewed and distributed according to the following procedures. A preliminary subdivision plat may be reviewed simultaneously provided all the required plat information is submitted.
(a) Staff review. After determining that an application is complete according to division (B)(1) of this section, the staff shall forward the application to the appropriate city departments and, if determined necessary, professional consultants for review and comment.
1. The application shall be reviewed for compliance with the Community Plan, the Thoroughfare Plan, other adopted plans or studies and the requirements of this code and other applicable city codes.
2. During the course of their review, the staff may meet with the applicant to review the application, and the applicant may revise the preliminary development plan application in response to staff's comments.
3. Within 90 days of the application being deemed complete or an extended time agreed to by the applicant, the application shall be placed on the agenda for a regularly scheduled meeting of the Planning and Zoning Commission. The application and supporting documentation, administrative staff comments, any other reports prepared above and any accompanying documents (such as but not limited to letters from residents or maps) shall be transmitted to the Planning and Zoning Commission prior to the meeting.
(b) Review and action by Planning and Zoning Commission. The Planning and Zoning Commission shall review the application to determine if it complies with the approval criteria set forth in § 153.055(A). The Planning and Zoning Commission shall take into consideration any submitted staff reports, comments, and expert opinions when reviewing the application.
1. Request for additional information/revisions. In their review of an application, the Planning and Zoning Commission may request additional information they deem necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, the Planning and Zoning Commission may table the application.
2. Timeframe for review of tabled case. Within 60 days, the applicant will, upon written request to the Director of Planning be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning and Zoning Commission
3. Action by Planning and Zoning Commission. The Planning and Zoning Commission shall recommend to City Council one of the following:
a. That the preliminary development plan and its supporting documentation be approved as submitted;
b. That the preliminary development plan and its supporting documentation be approved with specific conditions set forth by the Planning and Zoning Commission, and agreed to by the applicant, to further protect and improve the proposed and surrounding developments; or
c. That the preliminary development plan be disapproved.
4. Transmission to Council. The Planning and Zoning Commission shall transmit the zoning amendment application and the preliminary development plan in the form of an ordinance along with all appropriate documentation, including their recommendation to City Council, within 30 days of taking action, unless otherwise requested by the applicant.
(c) Review and action by City Council. City Council shall review and act on the proposed ordinance(s), including conducting a public hearing, in accordance with City Council procedures and public notice provisions set forth in § 153.234.
1. In reviewing the ordinance(s), the City Council shall consider the approval criteria set forth in § 153.055(A).
2. Disapproval by City Council shall terminate the process. Another zoning amendment application pertaining to the land included in the disapproved application shall not be accepted within one year from the date of disapproval, unless there has been substantial change to warrant reconsideration.
(2) Approval of the Planned Development District/preliminary development plan.
(a) Adoption of the ordinance shall constitute a rezoning of the property included in the preliminary development plan to a Planned Development District, and the preliminary development plan and associated commitments become binding on the applicant.
(b) The Official Zoning Map shall be amended to reflect the zoning change.
(c) In the event City Council approves the preliminary development plan with modifications, the applicant shall incorporate such modifications into the appropriate documents and file the revised preliminary development plan with the staff. No final development plan application will be processed until the revised preliminary development plan is submitted and approved.
(3) Significance of approved plan. Approval or approval with recommended modifications of the preliminary development plan by the City Council shall:
(a) Establish the development framework for the project, including the general location of open space, use areas, densities, unit types, recreational facilities, and street alignments;
(b) Permit the applicant to proceed with detailed planning of the final development plan; and
(c) Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
(4) Expiration of zoning approval. Given the nature of the Planned Development District process and the unique standards simultaneously adopted, the Planned Development District designation shall remain valid for three years from the date of City Council approval. During that time, the applicant shall prepare and submit a final development plan for review in compliance with division (E) below. In the event progress on the PUD is discontinued, the city may begin procedures to rezone the property to the zoning district in place prior to the Planned Development District or to another district as may be determined appropriate.
(a) For the purpose of this section, progress shall be considered discontinued when:
1. The final development plan for the PUD, or for the first phase of the PUD, is not submitted within three years after approval by City Council of the preliminary development plan;
2. The final development plan for the PUD, or for the latest phase of the PUD, is approved, but construction authorized by such final development plan is not begun within three years after approval of the final development plan; or
3. A final development plan for the PUD is approved, and construction work is discontinued for a period of four years or for a longer period as may be agreed to as part of the PUD zoning amendment.
(b) At any time, the Planning and Zoning Commission may grant an extension to the above stated timeframes for good cause shown.
(E) Final development plans. An application for final development plan review shall include the submission requirements set forth in § 153.054(C) and shall be submitted for review according to the following. An application for final development plan review shall be required for each phase of development. The applicant shall also submit a final subdivision plat for simultaneous review unless a final plat has already been approved or is not required for completion of the project.
(1) Area included in final development plan. The area included in an application for final development plan review shall be in substantial compliance with the phasing plan approved as part of the preliminary development plan.
(2) Review procedures. The application, including any conditional use application, shall be reviewed according to the following procedures:
(a) Staff review. After determining that an application is complete according to division (B)(1) of this section, staff shall forward the application to the appropriate city departments and, if determined necessary, professional consultants for review and comment.
1. The application shall be reviewed for compliance with the approved preliminary development plan, the requirements of this Code and other applicable city codes.
2. During the course of their review, the staff may meet with the applicant to review the application, and the applicant may revise the final development plan application in response to staff's comments.
3. The application and supporting documents, staff comments, any other reports and accompanying documents (such as, but not limited to, letters from residents or maps) shall be transmitted to the Planning and Zoning Commission.
(b) Review by Planning and Zoning Commission. The Planning and Zoning Commission shall review the application to determine if it complies with the approval criteria set forth in § 153.055(B). The Planning and Zoning Commission shall take into consideration any submitted staff reports when reviewing the application.
1. Request for additional information/revisions. In their review of an application, the Planning and Zoning Commission may request additional information they deem necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, the Planning and Zoning Commission may table the application.
2. Timeframe for review of tabled case. Within 60 days, the applicant will, upon written request to the Director of Planning be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning and Zoning Commission but not less than 30 days following receipt of the written request.
3. Conditional use review. If the application includes conditional uses, the Planning and Zoning Commission shall review the application according to the procedures set forth in § 153.236 including the requirement for a public hearing. During their review of a conditional use, the Planning and Zoning Commission may prescribe appropriate conditions, stipulations, safeguards and limitations on the conditional use as they may deem necessary and in conformance with the intent and purposes of § 153.236.
4. Compliance with the preliminary development plan. In reviewing the application, the Planning and Zoning Commission shall determine if the final development plan substantially complies with all specific requirements, the purposes, intent and basic objectives of the preliminary development plan, and any commitments made or conditions agreed to with the adoption of the preliminary development plan and if it represents an expansion and delineation of the approved preliminary development plan.
a. The Planning and Zoning Commission may determine that the proposed plan complies with the preliminary development plan and may proceed to review the Final Development Plan in accordance with the procedures of this section.
b. The Planning and Zoning Commission may, in reviewing the final development plan, approve a modification of a provision of the development standards text if they determine that all of the following provisions are satisfied:
(i) The Planning and Zoning Commission determines that, for this PD, the code compliance is not needed in order to ensure that the PD is consistent with the Community Plan and compatible with existing, approved, or planned adjacent development;
(ii) The Planning and Zoning Commission determines that the proposed modification does not significantly alter the list of permitted or conditional uses, cause an inappropriate increase in density or cause inconsistencies with the Community Plan;
(iii) The proposed modification results in a development of equivalent or higher quality than that which could be achieved through strict application of the requirement(s);
(iv) The principles of § 153.052(B) are achieved; and
(v) The development, as proposed on the final development plan, will have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
c. Any proposed modification to a preliminary development plan that fails to meet the above criteria shall require a zoning amendment to the preliminary development plan according to § 153.234.
5. Compliance with current city-wide standards. In the event development standards or construction standards that apply city-wide are updated, all subsequently approved final development plans shall comply with the updated standards when the Planning and Zoning Commission determines that such updated standard(s) will not cause undue hardship.
(c) Action by Planning and Zoning Commission. The Planning and Zoning Commission shall take one of the following actions:
1. Approve the final development plan as submitted;
2. Approve the final development plan with modification(s) as agreed to by the applicant; or
3. Disapprove the final development plan when the application does not demonstrate that the required standards have been met. Disapproval of the final development plan shall terminate the process. The applicant may revise the final development to respond to the Planning and Zoning Commission's concerns and resubmit the plan. Such action shall be considered a new application for review and shall contain all the information required for final development plans, including payment of the application fee.
(F) Zoning and building permits. Following the approval of the final development plan, and recording of the final subdivision plat if applicable, the applicant may proceed with the certificate of zoning compliance and building permit process, consistent with approval as granted, including any conditions and modifications made by the Planning and Zoning Commission.
(1) After approval of the final development plan, the applicant shall obtain a certificate of zoning compliance and building permit prior to construction.
(2) A certificate of zoning compliance and building permit shall not be issued until the appropriate final plat has been recorded and the city has accepted any applicable land areas that are to be dedicated to the city.
(3) All construction and development under any building permit shall be in accordance with the approved final development plan, except as may be permitted in division (G) of this section. Any unauthorized departure from such plan shall be cause for revocation of the certificate of zoning compliance. All required covenants, easements and restrictions shall be recorded prior to the approval of any construction permit in a location where such covenants, easements, or restrictions are intended to apply. The city may require a copy of the recorded document prior to issuing any construction permit.
(G) Modifications to approved final development plans. Requested modifications to approved final development plans shall be reviewed according to the following:
(1) Administrative approval. The Director, in administering the approved final development plan and development text, may authorize minor plan modifications to building layouts, parking arrangements, sign locations, lighting, and other site-related improvements that are required to correct any undetected errors or address changes to the site made necessary during construction, provided the modifications remain consistent with the purpose of the approved final development plan.
(a) No modifications shall be made that increase the permitted density of development or add to the list of permitted or conditional uses.
(b) Modifications deemed minor may include such changes as:
1. Minor adjustments in lot lines provided no additional lots are created and required setbacks are maintained;
2. Minor adjustments in the location of and layout of parking lots provided the perimeter setbacks, yards and buffers are maintained;
3. Minor adjustments in building footprints up to 10% in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use;
4. Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size;
5. Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained;
6. Redesigning and/or relocating landscape mounds, provided that the same level and quality of screening is maintained;
7. Minor modifications to the sign face, landscaping and lighting, provided the other sign requirements of the final development plan are maintained;
8. Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved on the final development plan;
9. Changes required by outside agencies such as the county, state, or federal departments; or
10. Other minor modifications deemed by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval.
(c) The Director shall report approved modifications to the Planning and Zoning Commission. The Director may submit any modification to the Planning and Zoning Commission that would otherwise be considered minor if the Director finds that the overall extent and effect of the proposed modification should be reviewed by the Commission.
(2) Board of Zoning Appeals variances.
(a) Any request for a variation to the development standards text that pertains to an individual single-family dwelling shall be reviewed as a variance according to the procedures set forth in § 153.231(H).
(b) Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of § 153.073.
(3) Planning and Zoning Commission approval.
(a) Modifications other than those listed in division (G)(1) and (2) above not determined by the Director to be minor shall be submitted to the Planning and Zoning Commission. Modifications may be approved provided the Commission finds that the requested changes are compatible with the surrounding development and that the modifications remain consistent with the preliminary development plan.
(b) Any requested changes shall be indicated on an amended final development plan. An application for an amended final development plan shall follow the review procedures for final development plan review set forth in division (E) of this section. If approved, those amendments to the final development plan shall supersede the originally approved final development plan.
(Ord. 75-03, passed 5-3-04; Am. Ord. 95-07, passed 1-2-08; Am. Ord. 28-08, passed 5-19-08; Am. Ord. 26-10, passed 8-9-10)