(a) Pre-application Conference. Before any work is done on any PUD application, the owner or his engineer shall discuss their plans with the Zoning Inspector and his staff, who shall give assistance concerning requirements and procedures, the purpose of such discussion being to determine if the proposed project will fit the overall intent of the PUD District. Major Street Plan (see Section 1234.05
) and if the area can be serviced by sewer and water. Good planning should prevent either an oversupply of subdivided land or poorly laid out subdivisions, which do not sell promptly and consequently become a liability to the owner and to the government. The purpose of this meeting is to discuss the proposed project and provide relevant information to the applicant. However, no statements or representations made at this meeting shall be construed to be a commitment or an assurance of approval on the part of the City.
Preliminary Planned Unit Development Review and Rezoning. The following procedures shall be followed for the review of any planned unit development request.
(1) Submission. Application for rezoning to a Planned Unit Development shall be submitted to the Planning Commission. Each such application shall be verified by an affidavit signed by at least one (1) of the owners, lessees, or option holders of property (with written consent of the property owner) within the area proposed to be changed or effected, attesting to the truth and correctness of all facts and information presented with the application. The application shall be filed on a form provided for that purpose, along with a fee established by the City Council, and a concept plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed or forwarded to the Planning and Zoning Commission.
A. Concept Plan. A Concept Plan shall be submitted and include the following:
1. Name, address, phone number and email address of the applicant.
2. Name, address, phone number and email address of the professional or firm that prepared the plan.
3. Legal description of the property.
4. North arrow, scale and title block.
5. General location map.
6. Existing zoning on the subject property and all abutting properties.
7. Property boundary survey.
8. Adjacent buildings and structures within 100 feet of the property boundaries.
9. All perimeter streets abutting the property, including right-of-way width.
10. Existing topographic conditions (two foot intervals).
11. Existing natural features (woods, ponds, streams, wetlands, slopes greater than 12 percent).
12. Approximate location of existing and proposed utilities, including a preliminary utility and drainage concept plan.
13. Uses proposed within the planned unit development.
14. Number and type of dwelling units proposed.
15. Conceptual layout of the development illustrating the general location of interior streets, access points to abutting streets, common open spaces, areas to be developed by type of use, parking areas and easements.
16. Perspective sketches or photographs of representative building types, illustrating the proposed architectural style and building materials.
B. Project Narrative. A written statement shall also be submitted with the application, providing the following information:
1. Statement of how the planned unit development meets each of the qualifying conditions specified in Section 1273.02.
2. Identification of the present owners of all land within the proposed project.
3. Explanation of the proposed character of the planned unit development, including a summary of acreage by use, number and type of dwelling units, gross density, area and percent of the project to be preserved as common open space, minimum lot sizes by type of use.
4. A complete description of any requested deviations, in accordance with Section 1273.04(b), from the minimum spatial or other requirements applying to the property.
5. An explanation of why the proposed development should be given a density bonus, if applicable, in accordance with Section 1273.04(c).
6. A general description of the proposed development schedule and anticipated phases.
7. Intended agreements, provisions and covenants to govern the use of the development, approval of building materials and architectural styles and any common open space areas to be preserved.
C. Fee. Each application shall be accompanied by a check, payable to the City of Fairlawn, or a cash payment, sufficient in amount to cover the cost of publishing and/or posting and mailing the notice of the hearing or hearings. Such fee shall be determined from time to time by Council, upon the recommendation of the Zoning, Housing & Residential Building Commissioner.
(2) Planning and Zoning Commission Review. Following receipt of a complete application package, the Zoning Inspector will cause the application materials to be forwarded to the Planning and Zoning Commission for review. Within 45 days after submission of a complete application and all required plans and information, the Planning and Zoning Commission shall conduct a public hearing and make a recommendation to the City Council, as follows:
A. Action by the Planning Commission. The Planning Commission shall act on any matter before it within three (3) regularly scheduled meetings including the date of its introduction before the Commission, unless a longer time is allowed by Council.
B. The Commission shall recommend to Council that the Preliminary Concept Plan and planned unit development zoning be approved as presented, approved with supplementary conditions, or disapproved. The recommendation shall be based on the standards of Section 1273.06.
C. A proponent of Planning Commission action may waive, in writing, further proceedings before Council.
(3) Public Hearing by Council. Before an ordinance for any such proposed zoning amendment may be passed, Council shall hold a public hearing thereon and shall give thirty (30) days notice of the time and place thereof in the manner established in Section 4.08 of the City Charter and shall give additional notice as provided in Section 10.04
of the City Charter.
(4) Public Examination of Documents. During the thirty (30)-day period following the publication of notice of the public hearing, the full Preliminary Planned Unit Development Application, along with all reports and minutes submitted by the Planning Commission, shall be on file, for public examination, in the office of the Clerk of Council.
(5) Action by Council. Within thirty (30) days after the public hearing, Council shall take action by placing on its first reading an ordinance properly covering such amendment. Final action by Council on such ordinance shall be taken after a public hearing, and after its third and final reading but not later than ninety (90) days after its first reading. Council shall approve, approve with supplementary conditions or disapprove the Preliminary Concept Plan and zoning change, based on the standards of Section 1273.06
. The ordinance which follows the recommendation of the Planning Commission shall be enacted by not less than the affirmative vote of four (4) or more members of Council. Any ordinance which differs from or departs from the recommendation submitted by the Planning Commission shall not take effect unless it is enacted by not less than the affirmative vote of five (5) or more members of Council. At the hearing, the applicant or any party in interest may appear in person or by an attorney at law.
Failure of the applicant to comply with any conditions of approval shall be considered a violation of the Zoning Code and subject to all applicable enforcement, remedies and penalties provided for in this Code.
(b) Final Planned Unit Development Review: The following procedures shall be followed for the review of the Final Development Plan.
(1) Timing. An application for Final Development Plan approval shall be filed not later than 24 months after the date of City Council approval of the Concept Plan, otherwise the Concept Plan approval shall be considered expired. One extension of up to six months may be authorized by the zoning inspector for reason/cause. The applicant shall submit the request for extension in writing to the Zoning Inspector who shall make a written determination regarding his decision to extend or deny the extension. Both the request and the determination shall be made part of the record.
(2) Pre-application Conference. Before any work is done on the Final Development Plan, the owner or his engineer shall discuss their plans with the Zoning Inspector and his staff, who shall give assistance concerning requirements and procedures, the purpose of such discussion being to review compliance with conditions that may have been imposed as part of the Concept Plan approval, review procedures and the proposed Final Development Plan. The Zoning Inspector shall notify other City staff such as the City Engineer, Service Director, and Fire Chief. The purpose of this meeting is to discuss the proposed project and provide relevant information to the applicant. However, no statements or representations made at this meeting shall be construed to be a commitment or an assurance of approval on the part of the City.
(3) Application. An application for approval of the Final Development Plan shall be submitted to the Zoning Inspector by the property owner or owner’s authorized representative. The application shall be filed on a form provided for that purpose, along with a fee established by the City Council, including a Final Development Plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed or forwarded to the Planning and Zoning Commission.
A. Final plan. A Final Development Plan, substantially consistent with the approved Preliminary Concept Plan and containing all information required in the preliminary plan, shall be submitted with the required application.
B. Project narrative. A project narrative shall also accompany the application and Final Development Plan and provide the following:
1. Proposed covenants and/or deed restrictions governing the use, design, maintenance, ownership and control of development and common areas;
2. Identification of the entity responsible for maintenance of common areas;
3. Description of all deviations from the otherwise applicable zoning requirements;
4. Net and gross density of any residential component of the project;
5. Open space calculations, identifying the gross acreage and percent of lands to be preserved as common open space, including calculations by phase of the development, if applicable;
6. Restrictions or requirements regarding architectural style and/or building materials;
7. Improvements that would be the responsibility of the developer such as construction of roads, parks, utilities, pathways, sidewalks and similar elements; and
8. An anticipated development schedule by phase, if applicable.
(4) Phased Projects. If a proposed planned unit development is to be constructed in two or more phases, Final Development Plan approval may be granted for individual phases; provided, a complete plan for the entire development was first given Concept Plan approval and that each subsequent phase shall be submitted for Final Development Plan approval and is consistent with the approved Concept Plan. The Planning and Zoning Commission may require additional information beyond what is otherwise required if, in its judgment, more detailed information is necessary due to the size of the development; number of phases proposed; or the interrelationship of roads, utilities or drainage systems within the total site.
(5) Planning and Zoning Commission Review. Following receipt of a complete application package, the Zoning Inspector shall cause the application materials to be forwarded to the Planning and Zoning Commission for review. Within 45 days after submission of a complete application and all required plans and information, the Planning and Zoning Commission shall consider the application and take action to approve, approve with supplementary conditions or disapprove the Final Development Plan, based on the review standards of Section 1273.06
and the site plan review standards of Section 1240.08
.
(Ord. 2016-062. Passed 8-15-16.)