1151.03 PROCEDURES.
(a) Purpose. The purpose of this section is to provide adequate review of applications for planned developments.
(b) General Provisions. Review of applications for PUDs 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. If the application is deemed insufficient, the staff shall notify the applicant of the deficiencies.
(2) 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. 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. It is recommended that the applicant meet with the City Staff prior to applying for a PUD zoning amendment. The concept plan is intended to outline the basic scope, character and nature of a proposed project.
(d) Zoning Amendment Request. 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.
A. Staff review. After determining that an application is complete, the staff shall forward the application to the appropriate city departments and, if determined necessary, professional consultants for review and comment.
B. Review and action by Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria. The Planning Commission shall take into consideration any submitted staff reports, comments, and expert opinions when reviewing the application.
i. Action by Planning Commission. The Planning 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 Commission, and agreed to by the applicant; or
(c) That the preliminary development plan be disapproved.
ii. Transmission to Council. The Planning 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.
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.
i. In reviewing the ordinance(s), the City Council shall consider the approval criteria set forth in the City of Findlay Zoning Code and supporting documents.
ii. 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 PUD/preliminary development plan.
A. Adoption of the ordinance shall constitute a rezoning of the property included in the preliminary development plan to a PUD, 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.
(e) Final Development Plans. 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) 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, staff shall forward the application to the appropriate city departments and, if determined necessary, professional consultants for review and comment.
i. The application shall be reviewed for compliance with the approved preliminary development plan, the requirements of this Code and other applicable city codes.
ii. 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.
iii. The application and supporting documents, staff comments, any other reports and accompanying documents shall be transmitted to the City Planning Commission.
B. Review by City Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria. The Planning Commission shall take into consideration any submitted staff reports when reviewing the application.
i. Request for additional information/revisions. In their review of an application, the Planning 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 Commission may table the application.
ii. Timeframe for review of tabled case. Within sixty (60) days, the applicant will, upon written request to the Planning Commission Staff, be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning Commission but not less than thirty (30) days following receipt of the written request.
iii. Any proposed modification to a preliminary development plan shall require a zoning amendment to the preliminary development plan.
iv. 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 Commission determines that such updated standard(s) will not cause undue hardship.
C. Action by Planning Commission. The Planning Commission shall take one of the following actions:
i. Approve the final development plan as submitted;
ii. Approve the final development plan with modification(s) as agreed to by the applicant; or
iii. 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 Commission's concerns and resubmit the plan.
(f) Zoning and Building Permits.
(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 shall be in accordance with the approved final development plan. 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.
(Ord. 2023-115. Passed 12-19-23.)