(A) General. This section establishes the procedures for review of the city's Planned Development (PD) zoning district.
(B) Location. A PD zoning district classification may be established on any land that complies with all of the applicable standards of this section.
(C) Unified ownership or control. To ensure unified control, copy of the title to all land that is part of a proposed PD zoning district classification shall be provided, and all owners of the land shall sign the planned development application to indicate their support for the application and willingness to be bound by any conditions of approval.
(D) PD zoning district classification and PD Master Plan.
(1) Procedure.
(a) General. A PD zoning district classification shall constitute an amendment to the official zoning map. It shall be controlled by a PD Master Plan and PD Terms and Conditions. The procedure requires approval of a PD zoning district classification, PD Master Plan, and PD Terms and Conditions (See § 162.03-02(D)(4)), and then a Final PD Plan (See § 162.03-02(E)).
(b) Pre-application conference, application submission, review, public notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures. Application submittal requirements shall be in accordance with the requirements in § 162.02-05, Application Submission.
(c) Review and recommendation by Planning Commission. After preparation of a staff report, public notification, and the scheduling of the public hearing, the application shall be referred to the Planning Commission by the Zoning Administrator on the date the public hearing on the application is conducted. The Planning Commission shall conduct a public hearing on the application in accordance with § 162.02-17, Public Hearing Procedures. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the staff report, the testimony given at the public hearing, and following the close of the public hearing, make a report to the City Council recommending either to approve, approve with conditions, or deny the application based on the standards in § 162.03-02(D)(2), Planned Development Standards. The Planning Commission shall forward its report to City Council within 30 calendar days of the application's referral by the Zoning Administrator (unless a longer review period is established by mutual agreement of the applicant and Planning Commission). If the Planning Commission does not submit its report within the prescribed time, it is presumed the Planning Commission recommends approval of the application, and the City Council may proceed to act on the application without the recommendation of the Planning Commission.
(d) Review and action by City Council. After receipt of the staff report and the report from the Planning Commission, the City Council shall review and consider the application, the relevant support materials, the staff report, the report of the Planning Commission, and the comments given at the meeting (if any). In its discretion, the City Council may refer the matter back to the Planning Commission for further study and recommendation on specific issues and for a supplemental report to be submitted to the City Council. If the referral requires additional public notification, it shall be given in accordance with § 162.02-09, Public Notification. During the meeting at which the application is finally considered, the City Council shall approve, approve with conditions, or deny the application based on the standards in § 162.03-02(D)(2), Planned Development Standards.
(2) Planned development standards. A PD zoning district classification, PD Master Plan, and PD Terms and Conditions shall comply with the standards in § 162.03-01 (F), Zoning Map Amendment Standards, and the standards for the PD District that is being approved in accordance with § 163.04-05, General Standards for All Planned Development Districts.
(3) Conditions of approval. In approving a PD district classification, a PD Master Plan, and PD Terms and Conditions, the City Council may impose appropriate conditions on the approval in accordance with § 162.02-12, Conditions of Approval.
(4) PD Terms and Conditions. Concurrent with the approval of the adopting ordinance and the PD Master Plan, PD Terms and Conditions shall be established binding the planned development to any conditions placed in the adopting ordinance and PD Master Plan. The PD Terms and Conditions shall include, but are not limited to:
(a) The PD Master Plan and PD Standards;
(b) Conditions related to the approval of the PD Master Plan;
(c) Provisions governing how transportation, potable water, sewage, stormwater management, park, fire, police, school, and other facilities will be provided to accommodate the development proposed in the PD Master Plan;
(d) Standards, conditions, or other provisions related to future development approvals, or responsibilities of the landowners within the PD Master Plan;
(e) How parking is addressed on the site.
(5) Placement of Planned Development District (PD) classification on official zoning district map. After final approval of the adopting ordinance for the PD zoning district classification, the PD Master Plan, and PD Terms and Conditions, the Zoning Administrator shall amend the official zoning map to show a PD zoning district classification.
(6) Recordation. The applicant shall record the adopting ordinance, the PD Master Plan and the PD Terms and Conditions with the Register of Mesne Conveyance. They shall be binding upon the landowners, their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the PD Master Plan and in the PD Terms and Conditions. The applicant shall submit proof to the Zoning Administrator that the adopting ordinance, PD Master Plan, and PD Terms and Conditions have been recorded with the Register of Mesne Conveyance within six months of its approval, or the adopting ordinance, PD Master Plan, and PD Terms and Conditions shall automatically and immediately be rendered invalid and the land shall return to its prior zoning district classification (or if the land was not located in the city prior to its approval as a PD zoning district classification, the land shall be classified CN).
(7) Expiration.
(a) General. The approval of the adopting ordinance for a PD zoning district classification, the PD Master Plan, and PD Terms and Conditions shall expire unless an application for a PD Final Plan for any part or section of the plan for development shown on the PD Master Plan is submitted within one year of approval (See § 162.03-02(E)). Such time period shall not be extended with transfer of ownership.
(b) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and upon a showing of good cause, the City Council may grant an extension not to exceed six months for the submission of a Final PD Plan. The approval shall be deemed extended until the City Council has acted upon the request for extension.
(c) Expiration.
1. Failure to submit a Final PD Plan within the time limits established by this section shall result in expiration of the PD zoning district classification, the PD Master Plan, and the PD Terms and Conditions, and the prior zoning district classification shall thereupon be re-established (or if the land was not located in the city prior to its approval as a PD zoning district classification, the land shall be classified CN).
2. If an applicant can demonstrate that a pending legal action has prevented them from submitting a Final PD Plan, the City Council, may, upon terms and conditions as determined in its sole discretion, consider suspending the expiration of the PD zoning district classification, the PD Master Plan, and the PD Terms and Conditions until the legal action is resolved.
(8) Minor deviations. A minor deviation to a PD Master Plan or PD Terms and Conditions shall not be considered as an amendment, and shall be approved by the Zoning Administrator. The minor deviation shall comply with the standards of this ZDO. A minor deviation shall be limited to technical considerations which could not reasonably be anticipated during the approval process or any other change which has no material effect on the character of the approved PD development or any of its approved terms or conditions. The following shall constitute minor deviations:
(a) Driveway relocations;
(b) Structure floor plan revisions;
(c) Facility design modifications for amenities and the like; or
(d) Changes in the amount of parking provided by 10% or less.
Changes that materially affect the basic concept of the PD Master Plan are not considered minor deviations, and shall only be treated as amendments to the PD Master Plan or the PD Terms and Conditions. (See § 162.03-02(D)(4)).
(9) Amendments.
(a) General. If an applicant determines if is necessary to alter the concept or intent of the PD Master Plan or the PD Terms and Conditions, the PD Master Plan or PD Terms and Conditions shall be amended, extended, or modified only in accordance with the procedures and standards for its original approval.
(b) Amendments defined. The following items are considered an alteration of the concept or intent of the PD Master Plan or PD Terms and Conditions:
1. Changes in use designations;
2. Density/intensity increases;
3. Decreases in open space;
4. Substantial changes in the location of streets (particularly if streets are to be deleted or access points to the development are moved so traffic flows both inside and outside the development are affected);
5. Change in the location of any public easement;
6. Change in the proportion of housing types by more than 10%;
7. Violation of any specific condition of the PD Terms and Conditions; or
8. Change in the location of proposed parking or the amount of parking provided by more than 10%.
(E) Final PD Plan.
(1) Submittal of PD Final Plan. Within one year of the approval of a PD zoning district classification, PD Master Plan, and PD Terms and Conditions, the applicant shall submit a PD Final Plan for any part or section of the plan for development shown in the PD Master Plan. The PD Final Plan shall implement the PD Master Plan. For the purposes of this ZDO, the PD Final Plan shall mean either site plan (§ 162.03-06) or preliminary subdivision plat (§ 162.03-07(D)) approval, whichever is appropriate.
(3) Expiration.
(a) Substantial completion required. The approval of a PD Final Plan shall expire unless construction has reached the level of substantial completion. For the purposes of this subsection, substantial completion shall mean the issuance of certificates of occupancy for 50% or more of the residential units or for 33% or more of nonresidential square footage in the PD Final Plan, within three years of the date of approval of the PD Final Plan.
(b) Extension.
1. Upon written application submitted at least 30 days prior to the expiration of the permit for Final PD Plan by the applicant, and upon a showing of good cause, the City Council may grant one extension not to exceed six months.
2. If the construction has not achieved substantial completion within the time established in the extension, the City Council may approve one additional extension for a period not to exceed six months, for good cause shown. If a PD plan for the planned development has not achieved substantial completion, the land shall be rezoned to its prior zoning district classification (or if the land was not located in the city prior to its approval as a PD zoning district classification, the land shall be classified CN).
(Ord. 05-10, passed 3-23-10)