(a) In order to submit an application for PUD review, the tract or tracts of land included within the proposed PUD shall be in one ownership or control or shall be subject to a joint application by the owners of all property included within the proposal.
(b) Review Procedure Options.
(1) All applications shall be preceded by a pre-application conference pursuant to this chapter.
(2) All applications that are not within a PUD Zoning District shall include a separate application for a rezoning. The Planning Board and Council shall approve the initial plans by ordinance using the notice and procedure requirements for rezoning in Chapter 1132: Administration, Process and Procedures.
(3) All applications for PUD review shall be required to submit both a PUD Preliminary Plan and PUD Final Development Plan. Preliminary and final plans may be submitted and approved simultaneously where an application is for a tract or tracts of land that have a minimum acreage of five acres but is less than 25 acres in total project area.
(c) Pre-application Conference.
(1) Prior to submitting a PUD application, all potential applicants shall meet with the Development Services Department and any other City department which may have an interest in the project.
(2) The purpose of the pre-application conference shall be to discuss the proposed development, review submittal requirements, and discuss compliance with the provisions of this Code prior to the submission of an application.
(3) No action can be taken by the staff until the applicant submits an actual application and/or plan to the City pursuant to the requirements of this Code. Therefore, all discussions that occur between the applicant and/or applicant's representative(s) and staff that occur prior to the date applicant submits an actual application and/or plan including, but not limited to, any informal meetings with City staff, boards, any pre-application conferences or meetings, are not binding on the City and do not constitute official assurances or representations by the City or its officials regarding any aspects of the plan or application discussed.
(d) PUD Review Procedure.
(1) Application (Preliminary Development Plan and Zoning Map Amendment) The applicant shall submit an application in accordance with applicable requirements of this Code.
(2) Preliminary Development Plan and Zoning Map Amendment.
A. The PUD Preliminary Development Plan approval procedure involves a zoning map amendment to rezone the subject property to a PUD with an approved PUD Preliminary Development Plan.
B. The procedure for this stage shall comply with the requirements of Chapter 1132: Administration, Process and Procedures regarding zoning map amendments.
C. The Planning Board shall review the PUD Preliminary Development Plan and make a recommendation to City Council to approve, approve with modifications, or deny the application. The recommendation shall be made based on review of the application using the criteria contained in this chapter.
D. The Planning Board may, in its recommendation to City Council, require that the PUD Final Development Plan be submitted in stages corresponding to different units or elements of the development. It may do so only upon evidence assuring completion of the entire development in accordance with the PUD Preliminary Development Plan and phased development schedule.
E. In accordance with the zoning map amendment review process, City Council shall hold a public hearing on the Preliminary Development Plan and PUD zoning map amendment and decide to approve, approve with modifications, or deny the application using the criteria contained in this chapter. If the application is approved, the area of land involved shall be rezoned as a PUD with a related, approved PUD Preliminary Development Plan.
F. In making its recommendations or decisions, the Planning Board and/or City Council may impose such conditions of approval as are in its judgment necessary to insure conformity to the applicable criteria and standards. In so doing, the Planning Board and/or City Council may permit the applicant to revise the plan and resubmit it as a PUD Preliminary Development Plan within 60 days of such action. Such resubmission shall be made to the board that imposed such conditions.
(3) Final Development Plan Review.
A. Within one year after the approval of the PUD Preliminary Development Plan, the applicant shall file a PUD Final Development Plan for the entire development, or when submitting in stages, as authorized by the Planning Board during the PUD Preliminary Development Plan review, for the first phase of the development.
B. If more than one year passes from the date of approval of the PUD Preliminary Development Plan and the final PUD development plan has not been submitted for approval or a request for an extension not to exceed one year has been filed with the Planning Board, the PUD Preliminary Development Plan shall be deemed expired and the applicant must resubmit such plan. In no case shall a PUD Preliminary Development Plan be valid for more than two years. After the PUD Preliminary Development Plan has expired, the PUD zoning designation shall remain in place but no development shall be authorized unless the property owner, or authorized agent, submits a new PUD Preliminary Development Plan for review pursuant to this chapter, or submits an application for a zoning map amendment to a base zoning district.
C. Preliminary subdivision plat approval may occur concurrently with the PUD Final Development Plan approval.
D. An applicant shall submit a PUD Final Development Plan for review. Upon determination by the Zoning Administrator that the PUD Final Development Plan submissions are complete, such plans shall be submitted to the Planning Board for review at its next regularly scheduled meeting, or at a special meeting.
E. The Planning Board will review the PUD Final Development Plan to determine whether it conforms to all substantial respects to the previously approved PUD Preliminary Development Plan and to all other applicable standards of this Code.
F. If submitting plats for subdivision review simultaneously with the PUD Final Development Plan, the plats shall be subject to all applicable subdivision standards and requirements including the applicable review process.
G. The Planning Board shall hold a public hearing on the PUD Final Development Plan and decide to approve, approve with modifications, or deny the application using the criteria contained in this chapter.
H. In its decision, the Planning Board may impose such conditions of approval as are in its judgment necessary to insure conformity to the applicable criteria and standards. In so doing, the Planning Board may permit the applicant to revise the plan and resubmit it as a PUD Final Development Plan within 60 days of such action. Such conditions shall be made a part of the terms under which the development is approved. Any violation of such conditions shall be deemed a violation of this section and no zoning permit will be issued
(4) Zoning Permit Issuance. Zoning permits shall not be issued until the lot or applicable subdivision has been fully recorded in the office of the Greene County Recorder's Office and public improvements have been installed in accordance with the applicable subdivision regulations.
(e) Time Limit.
(1) Any PUD Final Development Plan shall be valid for a period of two years after the date of approval by the Planning Board. If no development has begun (development being defined as the start of construction of the required public/private improvements as shown on the approved PUD Final Development Plan for one or more phases of the project) in the PUD within two years from the date of approval, such approval shall lapse and be of no force and effect.
(2) Two one-year extensions of the time limit set forth in Subsection (1) hereof, may be granted by the Planning Board if such extension is not in conflict with the most current comprehensive land use plan and that such extension is in the best interests of the entire community. The developer/owner shall apply for an extension and shall state the reason for the extension.
(3) If an approved PUD Final Development Plan lapses as provided in Subsection (1) hereof, the originally approved PUD Preliminary Development Plan shall also be considered void. Notice of such lapse shall be filed by the Planning Board and forwarded to the City Council.
(4) Voiding of the PUD preliminary and Final Development Plans shall not rezone the property. After such plans are voided, the Planning Board, City Council, or property owners may initiate a rezoning to a base zoning district in accordance with Chapter 1132: Administration, Process and Procedures or the property owner, or their agent, may resubmit a PUD Preliminary Development Plan in accordance with the procedures of this chapter.
(f) Waiver of Standards.
(1) In order to encourage ingenuity, imagination and flexibility in the design of PUDs and prevent unnecessary hardships, the Planning Board may choose to waive specific standards cited in the Planned Unit Development provisions in this chapter. By motion, the Planning Board may waive specific standards based on one of two following findings:
A. The waiver will allow for improvement in overall design of the development and will enhance the proposal's compliance with the general criteria for approval in this chapter; or
B. The waiver will remedy a standard causing practical difficulty or unnecessary hardship to the property owner. The difficulty or hardship caused is due to exceptional circumstances applying to the property but not caused by the owner. The waiver is necessary for preservation of substantial property rights possessed by others in the same PUD District. After the waiver is approved the development will continue to comply with the general criteria for approval in this chapter.
(2) The applicant shall identify each requested waiver at the time of application and explain in writing how the waiver meets one of the two findings. Prior to making an overall recommendation regarding the PUD application, the Planning Board shall, by motion, accept or reject the requested waiver. Any recommendation of the Planning Board shall be by a simple majority of the full membership of Planning Board.
(3) If the waiver is denied by the Planning Board, any applicant whose property is included in the development proposal may appeal to Council within ten days of the Planning Board action taken. City Council shall take no final action on an overall application during this ten day period unless the application waives his right to appeal. After Council has held a public hearing upon the waiver, it may overrule the denial by the Planning Board, but only by a three-fourths vote of the full membership of City Council.
(g) Changes to Approved PUDs.
(1) A PUD shall be constructed and completed in accordance with the approved PUD Final Development Plan and all supporting data. The PUD Final Development Plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assignees, and shall limit and control the use of premises (including the internal use of buildings and structures) and the location of structures in the planned unit development as set forth therein.
(2) Where a property owner on a lot in a PUD seeks a variance from the applicable standards for an individual property that will not apply to any other property in the PUD, the property owner shall request such variance in accordance with Chapter 1132: Administration, Process and Procedures.
(3) Any request to change or otherwise modify the approved PUD Final Development Plan as it applies to more than one property owner, shall be reviewed based on whether the change is considered major or minor, in accordance with this subsection.
(4) Major Change.
A. Major changes to a PUD require the prior approval of the Planning Board and the City Council in the same process, and with the same hears, as that used to review of the PUD Preliminary Development Plan. The Zoning Administrator shall have the authority to determine if a proposed change is a major change. Such changes include, but are not limited to:
i. Expansion of the PUD project beyond the original tract coverage;
ii. Removal or subtraction of land from the original tract coverage; and
iii. Proposed changes that will result in an increase in residential dwelling units of more than 5% of the total dwelling units proposed or an aggregate increase of more than 10% in nonresidential square footage.
B. Changes that require the approval of only the Planning Board at a public hearing include, but are not limited to, the following:
i. Changes in the site plan relative to the size and arrangement of buildings, the layout of streets or circulation patterns, the size, configuration and location of common open space, and changes in any approved elements of the PUD; and
ii. Amendments to the conditions that were attached to the PUD Preliminary Development Plan or PUD Final Development Plan approval.
(5) Minor Changes.
A. Minor changes are those proposed by the developer/owner which do not disturb or affect the basic design and approved PUD Preliminary Development Plan and which are essentially technical in nature, as determined by the Zoning Administrator.
B. Examples of minor changes include, but are not limited to, change in the intensity of lighting, changes in the size and location of water and sewer lines within approved easements and changes in the location and number of fire hydrants.
C. The Zoning Administrator shall notify the Planning Board of all such approved minor changes.
(h) Limitation on Resubmission. Whenever an application for a PUD has been denied, no application for the same area or any portion thereof shall be filed by the same applicant within six months after the date of denial unless there has been a substantial change to the proposed application.
(i) Revocation.
(1) In the event of a failure to comply with the approved plan or any prescribed condition or approval, including failure to comply with the stage development schedule, the Planning Board may, after notice and hearing, revoke the approval of the PUD Preliminary or Final Development Plan. The Planning Board shall at the same time recommend whether to maintain the PUD zoning district or the rezoning of the properties to another zoning district.
(2) The revocation shall become final thirty days after Council passes an ordinance to rezone the property to a non-PUD zoning category or a decision by the Planning Board to revoke the approved plans but retain the PUD zoning.
(3) Where the PUD zoning remains without an approved PUD Preliminary Development Plan or a PUD Final Development Plan, the property owner or agent shall be required to submit a new PUD Preliminary Development Plan in accordance with the review procedures of this chapter.
(j) Recording.
(1) The developer shall submit the original drawing of the final record plat and all required fees and bonds to the City within 180 days of City Council approval or the final approval is null and void unless an extension is granted by the Zoning Administrator for up to 180 additional days.
(2) The developer shall record the plat, at their own expense, with the Greene County Recorder within 30 days from the receipt of the original drawing and all required fees and bonds.
(Ord. 34-17. Effective 12-7-17.)