The following procedure shall be followed in each application for Planned Development.
(a) Submission of Application.
(1) The owner(s) or lessee(s) or agent that has power of attorney of a tract of land may request that the Zoning District Map be amended or that a tract within a previously established Planned Development District be approved for one of the Planned Development Districts. Each request shall follow the procedure outlined in Chapter 1185.
(2) The applicant is encouraged to engage in informal consultations with the staff of the Planning Commission prior to preparing his preliminary plans, it being understood that no statement or representation by a member of the staff shall be binding upon the Planning Commission or upon any zoning body.
(3) An application for a Planned Development may be processed, noticed, and heard by the Zoning Commission concurrently with an application for a proposed subdivision or re-subdivision of the same property pursuant to the subdivision regulations of the Village.
(b) Submission of Development Plan. Ten copies of a Development Plan shall be submitted with the application for preliminary approval and shall include in text and appropriately scaled map form :
(1) A survey of the tract that is to be developed showing existing features of the property including:
A. Existing and proposed uses.
B. Topographic contours at two (2) foot intervals or less on the PD property and within two hundred (200) feet of the proposed development.
C. Location of floodplain and wetlands, streams and ponds on the PD property and adjacent thereto.
D. Location of existing and proposed streets, including points of connection.
E. Location of existing and proposed utilities, including points of connection.
F. Location and type of drainage and storm water management facilities.
G. Legal description of the tract of land for the planned development.
(2) A site plan showing the location and arrangement of all existing and proposed structures, the proposed traffic circulation pattern within the Development, the areas to be developed for parking, the points of ingress and egress, including access streets where required, the relationship of abutting land uses and zoning districts, proposed lots and blocks, if any, including parks, playgrounds, school sites, and recreational facilities.
(3) A statement of the residential density when applicable, the proposed total gross floor area, and the percentage of the development which is to be occupied by structures.(see 1161.02 (b) (1))
(4) Preliminary sketches of the proposed structures and landscaping.
(5) A proposed timetable for development including general description and diagram of phases of development shall be submitted. No such stage or unit shall have a density that exceeds by more than twenty percent (20%) the proposed density of the entire Planned Development. When a Planned Development provides for common open spaces, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire Planned Development as the stages or units completed or under development bear to the entire Planned Development.
(6) Evidence that the applicant has sufficient control over the tract to effect the proposed plan, including a statement of all the ownership and beneficial interests in the tract of land and the proposed Development.
(7) In the case of an Office, Business, or Industrial Planned Development, a statement identifying the principal types of office, business, and/or industrial uses that are to be included in the proposed Development.
(8) When a Planned Development includes provisions for a common open space or recreational facilities, a statement describing location and area (size) and the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.
(9) Copies of any restrictive covenants that are to be recorded with respect to property included in the Planned Development District.
(c) Action by Planning Commission.
(1) The Planning Commission shall hold a public hearing on the Development Plan as provided by Chapter 1185.
(2) Such public hearing shall consider all aspects of the Development Plan including all proposed stages and/or units of development. Within 30 business days after the last public hearing on such plan, the Commission shall prepare and transmit to the applicant specific findings of fact with respect to the extent to which the Development Plan complies with the standards set out in this section and the District for which the change has been requested, together with its recommendations to Council with respect to the action to be taken on the Development Plan. The Commission may recommend disapproval, approval, or approval with amendments, conditions, or restrictions. Copies of the findings and recommendations of the Commission shall be made available to any other interested persons.
(d) Final Development Plan. Prior to the Council public hearing, the applicant shall submit a reproducible final development plan showing the information on the development plan and any additional information which the Planning Commission requires to be shown to describe properly the Planned Development which was approved and agreed to by the applicant. This plan shall be made part of the ordinance when the Planned Development is approved by Council.
(e) Action by Council.
(2) If the application is granted, the area of land involved, if not within a Planned Development District, shall be redesignated as a "PD-R," "PD-O," "PD-B," "PD-I," "PD-M," or "PD-C" District by ordinance and such ordinance shall incorporate the plan, including any condition or restriction that may be imposed by Council.
(3) In the event an agreement on a Planned Development within an established Planned Development District cannot be reached, the following district regulations shall apply:
Planned Development District | Appropriate District Regulations |
"PD-R" | "R-1" |
"PD-O" | “O” |
“PD-B” | “B-1" |
“PD-I” | “I-1" |
“PD-M” | |
“PD-C” |
(f) Recording of Final Plan. After approval of the PD Final Plan noted in "e" above, said approved Final Plan shall be recorded in the office of the County Recorder.
(g) Building and Zoning Permits. After the PD Final Plan has been recorded as noted in "f" above, the final plan, or parts of the final plan, as finally approved, shall be filed with Building and Zoning Officials. Building and zoning permits may be issued only for structures conforming to the PD plan.
(h) Changes in an Approved Final PD Plan. Major changes in an approved final PD plan shall be subject to the same procedures for approval as for the original approved plan. A major change is defined below. Any other changes are considered minor changes and may be approved by the Village Administrator/designee.
(1) A major change in the Development Plan is defined as but not limited to the following:
A. An increase in the proposed baseline density greater than 15% of the entire project or any phase/section thereof of greater than 10%.
B. A change in the proposed uses or relocation of uses that change the character of the development .
C. A change in the proposed utilization of public infrastructure of more than 15%.
(i) Denial of Minor Change. Should a minor change be denied based on non-compliance with the PD Preliminary Plan, the applicant may request a review by the Planning Commission for a determination of compliance or non-compliance.
(j) Denial of PD Final Plan. Should a PD Final Plan be denied on non-compliance with the PD Preliminary Plan, the applicant may request a review by the Village Council for a determination of compliance or non-compliance consistent with Section 1185.06
.
(k) Subdivision Plat Required. No building permit shall be issued for any structure in any portion of a Planned Development unless and until the final subdivision plat for that portion has been approved by the Planning Commission and recorded.
(l) Expiration Date for Development Plan Approval.
(1) Single stage development plan. The approval of the Development Plan shall become null and void unless within two years the subdivision plat shall have been recorded in the records of the Clark County Recorder. The Village Council reserves the right to revert the land to its previous zoning classification.
(2) Multi-stage development plans. When the recording of the subdivision plat for the successive stages falls more than two years behind the schedule submitted under subsection (b)(5), the Development Plan shall become null and void as to that portion of the tract for which no subdivision plat shall have been recorded. The Village Council reserves the right to revert the land to its previous zoning classification.
(m) Extension of Time or Modification. An extension of the time limit or the modification of the approved Development Plan may be amended by the joint approval of the Planning Commission and Council. However, minor adjustments in the final plan, resulting from field conditions, detailed engineering data, topography, or design criteria pertaining to drives, curb cuts, retaining walls, swimming pools, tennis courts, fences, parking area locations, or other similar project particulars, may be authorized in writing by the Zoning Inspector.
(Ord. 74-8. Passed 10-3-74.)