1115.05  PLANNED UNIT DEVELOPMENTS AND PLANNED RESIDENTIAL CONSERVATION DEVELOPMENTS.
   (a)   An applicant seeking a Planned Unit Development (PUD) or a Planned Residential Conservation Development (PRCD) is seeking to have Council make a change to the Official Zoning Map by application of an Overlay District; thus, decisions on such applications are legislative in nature.
   (b)   General Submittal Requirements: The following general requirements shall apply to PUDs and PRCDs, in addition to the specific submittal requirements for PUDs (Section 1109.05) and PRCDs (Section 1109.06) contained in Chapter 1109 of this UDO:
      (1)   Each request for a PUD or a PRCD shall include an application form, provided by the City, with the submittal;
      (2)   The TRC shall make the determination as to completeness, and only complete applications and Development Plans shall be processed by the City;
      (3)   The City Engineer may request additional supporting information that in his professional judgment is necessary to fully explain the applicant’s proposal. The applicant shall supply the requested additional information;
      (4)   Legal description of property or portion thereof;
      (5)    Payment of the application fee as established by Section 1105.09; and
      (6)   The name(s), address(s), and telephone numbers of the applicant(s), and the property owner(s) if other than the applicant(s) with a notarized letter of authorization from the property owner; and
      (7)   A list of all owners of property that are contiguous to the parcel or lot proposed for the PUD or PRCD Overlay District or that are across the street from it.  (The list shall based upon the Preble County Auditor’s current tax lists).
   (c)   Development Plans: In addition to the specific requirements for PUD Development Plans (Section 1109.05(d) and (g)) and PRCD Development Plans (Section 1109.06(i) and (l)), the following information shall be provided with a Development Plan at the time of submittal:
      (1)   A general supporting statement. This is a narrative that explains what is being proposed and why.  The narrative shall explain the development proposal in context of existing structures on the property and adjoining properties and shall provide the approximate allocation of land use by acreage and type and shall provide an estimate of the population of the project at build-out;
      (2)   An existing conditions plan at a scale not less than 1 inch = 50 feet indicating existing topography, property boundaries, trees, structures, pavements, utilities, and the location of existing directly adjacent properties and their structures;
      (3)   Proposed Site Plan at not less than 1 inch = 100 feet scale indicating pavement, structures, service areas, loading areas, parking circulation, trash dumpsters, setbacks, vegetation to remain, points of access, required screens and buffers, and related site improvements. This plan shall include the location of existing contiguous properties and their structures;
      (4)   Conceptual architectural design and landscape planting;
      (5)   Longitudinal and transverse cross-sections through the building at its tallest point. These sections shall include contiguous property and their principal buildings to illustrate neighboring height relationships.  The scale of these sections shall be no less than 1 inch = 40 feet; and
      (6)   Engineering feasibility comments, report or study from a civil engineer for water, sanitary sewer and storm water utilities.
   (d)   Procedures:
      (1)   Applications and Preliminary Development Plans: 
         A.   Pre-application Meeting: If necessary, and as determined by the applicant and the City Engineer, the applicant shall meet with the TRC prior to submitting an application and Preliminary Development Plan. The purpose of the meeting is to discuss the proposal and to provide feedback regarding applicable standards and requirements.
         B.   Formal Application Submittal:  The applicant shall submit an application and Preliminary Development Plan meeting all of the applicable requirements of the UDO.  All applications shall be submitted by the application deadline established by the City Manager.
         C.   Review by the TRC:  Upon receipt of an application and Plan, the City Engineer shall forward the application and Preliminary Development Plan to the TRC.  The TRC shall review the application and Plan for completeness, and if the application and/or Plan is incomplete, shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the until all necessary and required information has been provided.  If the application and Plan are deemed complete and the application fee has been paid, the TRC shall recommend to the City Engineer that the City officially accept the application.  Only complete applications and Preliminary Plans will be forwarded to the Planning Board.
         D.   Review of Preliminary Development Plan by Others: The City Engineer shall distribute the preliminary development plan and application to the following for review and comment:
            1.   Regulatory agencies which have statutory authority to subsequently review and approve any aspect of the development, including but not limited to the Army Corps of Engineers, the Preble County Health Department, and the Ohio Environmental Protection Agency;
            2.   Other agencies that, at the discretion of the City, may have appropriate technical expertise;
            3.   Appropriate local City administrative officials, including the Law Director; and/or
            4.   Consultants retained by the City.
         E.   Notice of Public Hearing Before Planning Board: Upon determination by the TRC that an application and Preliminary Development Plan contains all the necessary and required information and completion of review of the Plan by others, the City Engineer shall place the application and Plan on Planning Board’s agenda and schedule a public hearing on the proposed amendment. Notice of the hearing shall be provided at least once in one or more newspapers of general circulation in the City.  The notice shall be published at least five (5) days before the date of the hearing. The notice shall state the time and place of the hearing and a summary of the proposed application and Preliminary Development Plan.  The application and Plan shall be kept on file for public examination in the office of the City Engineer.
         F.   Notice to Property Owners of Public Hearing Before Planning Board: If the proposed Overlay District intends to apply to ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be provided to all owners of property that are contiguous to the parcel or lot proposed for the Overlay District or that are across the street from it. The applicant shall provide to the City Engineer a list (based upon the Preble County Auditor’s current tax lists) of the owners of property that are contiguous to the parcel or lot proposed for the Overlay District or that are across the street from it.  Such notice shall be sent by the City via regular mail, at least seven (7) days before the date of the hearing, addressed to the owners appearing on the list provided by the applicant and as verified by City staff.  If an application is tabled at the request of the applicant, or due to incompleteness of the application submitted by the applicant, and the public hearing postponed, the cost of mailing the required further notices shall be borne by the applicant.
         G.   Preparation of Staff Report: The City Engineer shall prepare a staff report providing an analysis of the proposal and a recommendation.  The City Engineer shall consider comments from the TRC in formulating his recommendation.  The application and all supplemental information filed with the application shall be forwarded to the Planning Board at least three (3) working days prior to the meeting at which the Planning Board will consider the application.  At said meeting, the City Engineer shall present his report to the Planning Board.
         H.   Site Visit: The Planning Board or Council may, together with the applicant and the applicant’s consultant(s), visit the site to gain a thorough understanding of the characteristics of the site.
            (Ord. 05-13.  Passed 11-7-05.)
         I.   Review and Recommendation by Planning Board: The Planning Board shall review the application and recommend to City Council that the PUD/PRCD be granted as requested; be granted as modified by the Planning Board; or be denied.
            (Ord. 06-15.  Passed 8-26-06.)
         J.   Notice of Public Hearing Before Council: Following receipt of the recommendation from the Planning Board, the Clerk of Council shall schedule a public hearing on the proposed Overlay District.  Notice of the hearing shall be provided at least once in one or more newspapers of general circulation in the City. The notice shall be published at least five (5) days before the date of the hearing. The notice shall state the time and place of the hearing and a summary of the proposed application.
         K.   Notice to Property Owners of Public Hearing Before Council:  Notice of the public hearing shall be given by the Clerk of Council.  Such notice shall be sent by via regular mail, at least seven (7) days before the date of the hearing, addressed to the owners appearing on the list provided by the applicant and as verified by City staff.  If an application is tabled at the request of the applicant or due to incompleteness of the application submitted by the applicant, and the public hearing postponed, the cost of mailing the required further notices shall be borne by the applicant.
         L.   Action by City Council: After holding the public hearing, City Council shall approve the application and Preliminary Plan; deny the application and Preliminary Plan; or approve the application and Preliminary Plan subject to additional conditions and restrictions to which the owner has agreed.
            (Ord. 05-13.  Passed 11-7-05.)
      (2)   Final Development Plans: 
         A.   Review For Completeness: The TRC shall review the Final Development Plan to determine that it includes all the items required.  The TRC shall review the application for completeness, and if the application is incomplete, shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. If the application and Plan are deemed complete and the application fee has been paid, the TRC shall recommend to the City Engineer that the City officially accept the application.
            (Ord. 07-02.  Passed 5-21-07.)
         B.   Distribution of Final Development Plan: The City Engineer shall distribute the Final Development Plan to the Planning Board, the Law Director, and other appropriate administrative departments or professional consultants for review and comment.  Any reports, comments, or expert opinions shall be compiled by the City Engineer and transmitted to the Planning Board prior to the time of the Board’s review.
         C.   Review by the Law Director: The Law Director shall review the Declaration, Articles of Incorporation and either Bylaws (for a Condominium Association) or UDO of Regulations (for a Homeowner’s Association) and any other final covenants and restrictions and maintenance agreements to be imposed upon the conservation development. He/she shall provide a written opinion to the Planning Board documenting that the above demonstrates full compliance with the requirements of this Section.
         D.   Review by Planning Board: Planning Board shall review the Final Development Plan and the recommendations of the TRC and the City Engineer.  The Planning Board shall assure that the Final Development Plan is in accordance and compliance with the Preliminary Development Plan. The Planning Board shall take action on the submitted Final Development Plan by either:
            1.   Approving the Final Development Plan as submitted; or
            2.   Approving the Final Development Plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements to the general building layout or open space arrangement, or
            3.   Denying approval of the Final Development Plan.
         E.   Referral to Council: The Final Development Plan for a PUD or PRCD shall be referred to the Council by Planning Board after the Planning Board has taken action on it, along with the Planning Board’s recommendations. The City Council, after due consideration, may deny the Final Development Plan, approve the Plan as submitted, or approve the Plan subject to additional conditions and restrictions to which the owner has agreed.
   (e)   Requirements: 
      (1)   PUDs:  All applications and Development Plans for PUDs shall be reviewed for their compliance with the PUD requirements outlined in Section 1109.05(c) and the City’s Development Requirements and Standards contained in Chapter 1111.     
      (2)   PRCDs:  All applications and Development Plans for PRCDs shall be reviewed for their compliance with the PRCD requirements outlined in Section 1109.06(g) and (h) and the City’s Development Requirements and Standards contained in Chapter 1111.     
   (f)   Standards for Approval:
      (1)   PUDs:  The Planning Board and the City Council shall consider the following criteria in approving applications and Development Plans for PUDs:
         A.   It fully complies with the applicable requirements of this UDO;
         B.   It meets the General Standards for Review outlined in Section 1109.05(i) and the Specific Standards outlined in Section 1109.05(j);
         C.   It is not detrimental to other property or other uses located on the same property;
         D.   It is not detrimental to other development on nearby property;
         E.   It provides safe conditions for pedestrians or motorists and prevents a dangerous arrangement of pedestrian and vehicular ways; and
         F.   It provides safe ingress and egress to emergency vehicles on the site.
      (2)   PRCDs: The Planning Board and the City Council shall consider the following criteria in approving applications and Development Plans for PRCDs:
         A.   It fully complies with the applicable requirements of this UDO;
         B.   It meets the General Standards for Review outlined in Section 1109.06(n);
         C.   It is not detrimental to other property or other uses located on the same property;
         D.   It is not detrimental to other development on nearby property;
         E.   It provides safe conditions for pedestrians or motorists and prevents a dangerous arrangement of pedestrian and vehicular ways; and
         F.   It provides safe ingress and egress to emergency vehicles on the site.
   (g)   Effect of Approval:
      (1)   If approved, the application and Final Development Plan shall be effective thirty- (30) days following approval by Council, unless otherwise indicated by emergency legislation.
      (2)   A PUD Final Development Plan or a PRCD Final Development Plan, as approved by City Council after recommendation from the Planning Board, shall constitute an amendment to the Eaton Zoning Map as it applies to the land included in the approved amendment.  Detailed Site Plan or Subdivision approval is assured based on good faith compliance with the approved Final Development Plan.  The PUD or PRCD approval shall be for a period of one (1) year to allow for the submission of a Certificate of Zoning Compliance or a Final Plat if a subdivision was not submitted with the Development Plan. Unless the required Certificate of Zoning Compliance, or Final Plat if the subdivision was not submitted with the Development Plan, is properly requested and approved within the one (1) year period, the PUD or PRCD approval shall be voided and the land shall revert to its last previous zoning district without the Overlay District, unless an application for time extension is submitted to and approved by Council.  No more than two six- (6) month extensions shall be granted.
      (3)   Transfer of Lots: No lots within a PUD/PRCD or any section thereof may be transferred until Final Development Plan for the PUD/PRCD has been recorded in the Preble County Recorder’s Office.
   (h)    Development:
      (1)   Requirements:  Before beginning construction on any improvements within PUD/PRCD or any section thereof, the Developer shall comply with the provisions of this paragraph in order to assure that the proposed improvements meet the requirements of the City’s Improvement Requirements and Standards, as outlined in Section 1111.03.
      (2)   Construction Plans: Before beginning work on the improvements in a PUD/PRCD any section thereof, the Developer shall submit to the City Engineer two (2) complete sets of Construction Plans and specifications of improvements, prepared by a registered professional engineer, that shall include typical sections, plan and profile views, construction details, and estimates of quantities, along with the filing fee required under Section 1105.09.  The plans shall show:
         A.   The centerline profile of each proposed street, with tentative grades indicated;
         B.   The cross-section of each proposed street, showing the width of pavement, the location and width of sidewalks and the location and size of the utility mains;
         C.   The plans and profiles of proposed sanitary sewers and storm water sewers, with grades and sizes indicated, or method of sewage or storm water disposal in lieu of sewers;
         D.   A plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants;
         E.   A stormwater drainage plan showing:
            1.   All existing and proposed storm sewers, manholes, catch basins, watercourses, culverts and other underground structures within the tract and immediately adjacent thereto, with pipe sizes and grades, waterway openings indicated thereon;
            2.   Drainage areas and flow of the watershed;
            3.   The method to be used for the adequate disposal of all storm water, including drainage outlets; and
            4.   Such other data as may be required by the City Engineer and Section 1111.05;
         F.   A Landscaping Plan, as may be required by Section 1111.06;
         G.   An Engineer’s estimate of the total cost of the contemplated improvements for the subdivision or section thereof; and
         H.   Any other information needed to show that the proposed improvements comply with Section 1111.03.
      (3)   Guarantee/Security for Construction:  In accordance with Section 1111.03(e), the Developer shall file with the Construction Plans a financial guarantee to ensure that all required infrastructure for the development, or section for which the Developer is seeking approval, is constructed in the manner and time frame required.
      (4)   Inspection Fees:  In accordance with Section 1111.03(c), the Developer shall pay to the City, at the time of submission of the Construction Plans, an Inspection Fee to provide for the cost of inspecting the various public improvements as they are constructed
      (5)   Approval:  Before beginning construction on any improvements within the PUD/PRCD or any section thereof, the Developer must have obtained approval of the Construction Plans from the City, including approval of his submitted Guarantee and payment of Inspection Fees.  Upon approval of the Construction Plans by the City, the Zoning and Building Official shall issue a Certificate of Zoning Compliance to the Developer.
      (6)   Changes or Additions:  After a PUD or PRCD General Development Plan has been approved by the Planning Board, and in the course of carrying out the Plan, adjustments or rearrangements of buildings, drives, parking areas, recreation areas, entrances, heights, yards or similar modifications, may be requested by the Developer(s).
         A.   Minor Changes: The City Engineer shall review and approve or disapprove amendments to Development Plans, as shown on the Construction Plans, if the change involves twenty five percent (25%) or less of the original floor area, not to exceed 10,000 square feet.
         B.   Major Changes: Amendments to Development Plans, as shown on the Construction Plans, exceeding twenty five percent (25%) of the original floor area, or 10,000 square feet, shall be reviewed and approved or disapproved by the Planning Board, in accordance with Section 1109.05(l) for PUDs, and in accordance with Section 1109.06(p) for PRCDs.
         C.   Any Construction Plans proposing the installation of fire hydrants must also receive approval from the City’s Fire Division before the improvements are installed.
      (7)   Inspection: Prior to the start of any work covered by the Construction Plans, after approval thereof, the Developer shall make satisfactory arrangements with the City Engineer for inspection of the work to insure compliance with the plans and specifications as approved.
      (8)   Acceptance of Improvements by the City: Once the required public improvements have been installed and inspected, if acceptable to the City and if installed in accordance with this UDO, the City shall send the Developer notice that it intends to accept the improvements.  The Developer shall then forward to the City the Construction Plans, in a format acceptable for recording with the Preble County Recorder’s Office, that contain a dedication to the City of the accepted improvements for signature.
      (9)   Recording of Construction Plans: Construction Plans may not be recorded until all required signatures of officials have been placed on the Plans. Once the appropriate officials have properly signed the Plans, the applicant shall record the Construction Plans with the Preble County Recorder’s Office.  Once recorded, a copy of the recorded Plans shall be filed with the City Engineer. No further development in the PUD or PRCD shall be permitted until the Construction Plans are recorded as required.
      (10)   Certificate of Occupancy:  No Certificates of Occupancy for any buildings or structures within the PUD or PRCD will be issued by the City until Construction Plans for the PUD or PRCD, or for a section thereof, have been approved and recorded as required by this Section.
      (11)   Development in Sections: If the Developer chose to develop the PUD or PRCD in Sections, upon full build-out of the PUD or PRCD, the Developer shall prepare an updated Final Development Plan showing the exact location of all installed improvements, all easements and all buildings. This updated Final Development Plan shall be forwarded to the City for all required signatures at the time the Construction Plans for the final section are also forwarded for signatures, in accordance with subsection (9), above.  Once the appropriate officials have properly signed the Plans, the applicant shall record the updated Final Development Plan with the Preble County Recorder’s Office.  Once recorded, a copy of the recorded Final Development Plan shall be filed with the City Engineer. 
   (i)   Regulation Concerning Required Improvements:
      (1)   Street Construction: Notwithstanding any other provision of this UDO, if approved by the City Engineer, the Developer may delay application of the final coat of asphalt for the time period allowed by the City Engineer.  If the City Engineer does grant the Developer such a delay, the Developer shall wedge around any manholes or other protrusions, as directed by the City Engineer.  A written agreement show such an agreement between the Developer and the City Engineer shall be required before the City accepts the improvements.
      (2)   Temporary Construction Signs:  The Developer shall install temporary construction signs as instructed by the City Engineer and based upon the progress of construction of the infrastructure.  No construction or other required permits shall be issued until such temporary construction signs are installed as required by the City Engineer.  Such signs shall be maintained by the Developer until the final coat of asphalt is applied. 
      (3)   Completion of Construction: The construction of all public improvements shown on the approved Construction Plans must be completed within two- (2) years from the date of approval, unless good cause can be shown for the granting of an extension of time by Council.
      (4)   Maintenance: For a period of one (1) year from the date the constructed improvements were accepted by the City, the Developer shall make such repairs or replacements as may be required by reason of defective workmanship or material.
         (Ord. 05-13.  Passed 11-7-05.)