§ 159.28  (PD) PLANNED DEVELOPMENT DISTRICT.
   (A)   Purpose.
      (1)   The city has adopted a Comprehensive Plan which provides for: the maintaining of the current overall density in the city of one dwelling unit per developable acre of lot area, as defined herein; rezoning of the current agricultural and one-acre zoned areas allowing smaller lot sizes only on an exception basis; and generally maintaining the open, rural atmosphere of the city.
      (2)   This district is being adopted primarily to facilitate the goals of the Comprehensive Plan by providing the city a zoning district which allows the confirmation of developments proposed by applicants that have varying lot sizes within a given tract(s) of land and which fall between existing zoning categories. This district does not allow a greater number of residential lots than would otherwise be achieved by SF-43 zoning, but instead allows limited flexibility in lot sizes to accommodate particular topography and other natural conditions. The district does not permit mixing of residential and retail or commercial uses, as mixed use residential is not a land use established by the Comprehensive Plan.
      (3)   A planned development (PD) is generally on tracts of land of ten acres or more (but may be considered on smaller tracts) and may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity.
      (4)   The minimum required amount of acreage in a proposed project for which application for a Planned Development District is made shall be given consideration by the Planning and Zoning Commission with recommendations forwarded to the City Council. Other purposes of the district are to maintain conformity with the Comprehensive Plan, encourage creative development of the land, preserve the natural amenities of land, provide locations for well-planned comprehensive developments, and allow for variety and flexibility in the development patterns of the city.
      (5)   Although this district permits the flexibility of having different densities in different portions of the district, this district does not allow clusters of dense residential development but instead to facilitate maintenance of current overall density of one dwelling unit per developable acre as described in the Comprehensive Plan.
      (6)   The Council is empowered to grant permits for planned developments only after review and recommendation by the Planning and Zoning Commission under the procedures established herein.
   (B)   Uses permitted. A Planned Development District may only be approved for a use or combination of uses provided for in this chapter including special use permits. The uses permitted in any specific Planned Development District shall be enumerated in the ordinance establishing the districts.
   (C)   Density and open space regulations.
      (1)   In accordance with the Comprehensive Plan, land that is classified within any floodplain, also referenced as the 100-year floodplain with fully developed conditions for the entire watershed, shall not be reclaimed nor included as lot area.
      (2)   To comply with the goals of the Comprehensive Plan, higher percentages of open space should be required as the density is increased or the lot sizes decreased.
      (3)   The designation of open space as improved, partially improved, or unimproved shall be subject to the approval of the Planning and Zoning Commission. The designations shall be determined in consultation with the developer, preferably with on-site inspections and the Planning and Zoning Commission may divide a given area into two or more designations. In making this determination the Planning and Zoning Commission shall be guided by the following factors:
         (a)   The size and location of these areas in relation to the overall area of the Planned Development District;
         (b)   The degree to which these areas contribute to the quality, livability, and amenity of the Planned Development District; and
         (c)   The degree to which the developer agrees to improve the land for active or passive recreational purposes.
   (D)   Area and other requirements.
      (1)   Except as otherwise provided in this section, area requirements for each use shall be within the maximum and minimum standards applicable to such use as if the use was situated in the zoning district to which it is most similar as determined by the Planning and Zoning Commission, or demonstrate that the intent of the standards has been met in accordance with good planning practices. The zoning district most similar to each use shall be stated in the granting ordinance. Also, in the Planned Development District, each use shall conform to the regulations of the zoning district to which it is most similar as determined by the Planning and Zoning Commission, and the Planned Development District shall conform to all other sections of the Zoning Ordinance, unless specifically excluded in the granting ordinance. All applications to the city shall list all requested differences, if any, from the standard requirements set forth throughout the Zoning Ordinance (applications without this list will be considered incomplete).
         (a)   Average lot size shall remain one acre lot area, as defined herein.
         (b)   Minimum lot size shall be one-half acre of lot area, as defined herein.
         (c)   Lots less than three quarters of one acre of lot area, as defined herein, shall constitute no more than 5% of total number of lots in any planned development and lots between three quarters of one acre and one acre of lot area, as defined herein, should constitute no more than 15% of the total number of lots in any planned development.
         (d)   Lot area, as defined herein, may not be counted towards both residential and commercial or retail purposes. Portions of a development that will be used for commercial or retail purposes may not be included or credited towards residential density calculations.
      (2)   Modification of the area requirements contained in this section may be allowed by the Planning and Zoning Commission and the Council when all of the following circumstances are met:
         (a)   The proposed modifications substantially meet the intent of the Zoning and Subdivision Ordinances;
         (b)   The proposed modifications help preserve the natural amenities of the land and/or are justified by unusual or unique characteristics of the subject property; and
         (c)   The proposed modifications shall not be granted to relieve a self-created or personal hardship, nor for financial reason only.
   (E)   Application process. An application for a Planned Development District shall be made to the Planning and Zoning Commission in the same manner that an application for a zoning change is made. An application shall include and be accompanied by a concept plan as required by this section, which when finalized shall become a part of the amending ordinance. A complete development plan as set out in division (E)(2)(e) below, may be substituted for a concept plan, and will constitute both the concept plan and the development plan. In addition to the requirements outlined in divisions (E)(1)(b) and (2)(f) below, the Planning and Zoning Commission and City Council may require additional information or special plans related to specific elements of the Planned Development and may require information described in division (E)(2)(f) below with the concept plan. Upon receipt of the application and concept plan, the City Secretary or designated representative shall follow notification requirements for a public hearing as specified in this chapter.
      (1)   Concept plan.
         (a)   An applicant may submit a concept plan with the application for a Planned Development District if the applicant is not ready to begin development of part or all of the site. The concept plan shall contain all information that may be necessary to insure that the development complies with all applicable regulations and requirements. The application shall contain a disclosure and representation indicating whether or not any contiguous or other neighboring properties are owned, under contract or otherwise controlled by the applicant or related parties in the form and substance from time to time prescribed by the City Attorney. Although an applicant may not include such a neighboring property in its application, the city should be aware that it on its own motion may initiate a zoning case on any property within the city.
         (b)   The concept plan shall be prepared on a topography base map at a scale of one inch=100 feet, or at a scale to be specified by the city staff, along with an eight and one-half-inch by 11-inch reduction, with no less than five-foot contour intervals, unless the City Manager or Planning and Zoning Commission agrees to greater intervals, and shall include all items in § 158.05 above, concept plan of the Subdivision Ordinance and the following information, unless the City Manager or Planning and Zoning Commission waives any of such items (and other items which are required in the development plan or otherwise deemed necessary by the Building Official, the City Manager, the Planning and Zoning Commission or the City Council):
            1.   A metes and bounds description of the entire planned development tract;
            2.   A drawing generally locating floodplain areas, specifically protected floodplain areas, water bodies, creeks, drainage areas and significant natural features such as major tree groups and important view corridors. The acreage of the area of protected floodplain shall be identified on the plan;
            3.   Sufficient evidence to establish that the applicants are in fact all of the owners or have control of all of the outstanding interests in the land and structures thereon;
            4.   A drawing locating all land use areas, providing a preliminary layout of the lots and interior streets in each area, showing proposed gross acreage of each use, open space, maximum lot coverage’s, maximum height, minimum setbacks, residential densities, approximate gross floor area and floor area ratios for all commercial and office uses;
            5.   Location of all major access points, thoroughfares and collectors within the development;
            6.   Identification of all major land use classifications and the approximate acreage within the development as related to current zoning district designations or the specific purpose. The designated  usage will not be assumed to establish area requirements as established within the zoning district, but these requirements shall be used as guidelines in the final determination of area requirements;
            7.   Indication of each phase of development if the proposed planned development is to be in separate phases;
            8.   Indication by acreage or percentage of total development all major areas planned for public and private open space;
            9.   Land area included within the site and the land area of all abutting sites with the zoning classifications thereon, and dimensions and locations of all public and private rights-of-way and easements bounding and intersecting the site;
            10.   The location and height of each wall, fence and screen planting used as a buffer between the uses and from adjacent property owners;
            11.   All landscaped areas, including any reserved open space to be retained. Detailed landscaping plans may be required when necessary;
            12.   Estimates of traffic volumes and turning movements may be required;
            13.   The concept plan shall be signed by the applicant’s engineer and planner, if any. A location map shall accompany the concept plan, showing the relationship of the planned development to adjacent properties (noting the zoning classifications of such properties) and thoroughfares;
            14.   If the project is to be developed in phases, a proposed phasing plan that identifies the sequence of development and a time schedule for installation of major capital improvements to serve the developments;
            15.   A chart depicting the following information by phase:
               a.   Acreage of each proposed phase;
               b.   Total number of dwelling units by type and lot size; and
               c.   Minimum dwelling unit sizes.
            16.   A general description of any homeowners association requirements and covenants to be imposed on the property; and
            17.   A written description of all requested deviations from the base zoning district in each phase and any other special development standards.
         (c)   The application by the owner or owners to the Planning and Zoning Commission for approval of the concept plan shall be handled in the same manner as any zoning change under the Zoning Ordinance. The applicant shall submit copies of the concept plan to the City Secretary. After receiving the completed plan from the City Secretary and having the required public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council to either approve or deny the rezoning to planned development, and to either approve, modify or deny the concept plan and any conditions to such recommendation. Upon appeal and hearing before the City Council, the City Council may approve or deny the rezoning request and may approve, deny or modify the concept plan as submitted to the Planning and Zoning Commission and City Council.
      (2)   Development plan.
         (a)   Development plan, submission of. To begin development on all or part of a site, an applicant must submit a final development plan which after approval shall be recorded and kept on file by the city, together with a preliminary plat. The development plan must conform to the approved concept plan, either for the total Planned Development District, or for each phase. Consideration of a development plan which does not include major changes from the approved concept plan as determined jointly by the Building Official and City Manager and will not require additional public hearings.
         (b)   Submission to City Secretary. The development plan shall be submitted to the City Secretary in such a manner as prescribed herein and by any adopted policies of the Planning and Zoning Commission and shall include a checklist of items to be included on the development plan as submitted to the Planning and Zoning Commission and City Council.
         (c)   Major changes are same as amendments to Zoning Ordinance. Major changes in the development plan shall be considered the same as amendments to the Zoning Ordinance and the concept plan and shall be processed as required. The following changes are not considered major changes:
            1.   Changes that do not alter the basic relationship of the proposed development to adjacent property;
            2.   Changes that retain the character of the development;
            3.   Changes that do not significantly alter the uses permitted, or significantly increase the density, setbacks, height or coverage of the site; and
            4.   Changes that do not significantly increase the problems of traffic circulation, safety or utility requirements.
         (d)   Changes that are not major changes. Changes that meet the criteria in subsection (c) above as determined jointly by the Building Official and City Manager or otherwise determined by such officials not to be major changes, may be approved by the Planning and Zoning Commission and the City Council without public hearing.
         (e)   New application, filing fee and public hearing required if plan disapproved. If the development plan contains major changes from the approved concept plan and ordinance, the Planning and Zoning Commission and/or City Council shall reject and disapprove such a plan and require a new application, filing fee (optional) and advertised public hearing.
         (f)   Concept plan requirements. The development plan, in addition to those items included in the concept plan, shall include or show:
            1.   The development plan of the entire planned development or of the proposed phase at a scale of one inch = 100 feet, or as specified by city staff, and an 81-1/2 inches by 11 inches reduction showing the proposed finished grade of the area at two-foot intervals;
            2.   In addition to data and drawings prescribed, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use;
            3.   A description of the proposed lot or lots and the boundaries thereof, proposed setbacks on the lots and proposed minimum dwelling unit sizes;
            4.   With the exception of single family dwellings, the location of each existing and each proposed structure in the development, the use or uses to be contained therein, the number of stories, the gross floor area and the location of entrances and loading points thereof. If a particular type structure is to be built a number of times, a typical lot layout may be substituted;
            5.   All public rights-of-way, curb cuts, driving lanes, parking areas, loading areas, public transportation areas and illumination facilities for the same, including existing facilities to be relocated. Design criteria for illumination facilities may be required;
            6.   All pedestrian walks, malls and open areas for use by tenants or visitors;
            7.   All reservations for public uses, including parks, playgrounds, schools and other open spaces;
            8.   The location, size, height and orientation of each sign, except signs that are flat on building facades and that do not directly face property in a residential district, or directional signs;
            9.   Facilities for waste disposal for other than single-family uses;
            10.   Proposed street names for all public roads;
            11.   Elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. This division does not apply to single family, duplex and townhouse lots, unless required by the Planning and Zoning Commission;
            12.   Any and all of the required features may be incorporated on a single drawing if such drawing is clear and suitable for evaluation by city officials;
            13.   A legal instrument establishing a plan for permanent care and maintenance of any common areas or communally owned facility and any privately owned open spaces (including permanent access rights to such private space) must be submitted before the development plan will be approved. All such instruments shall be approved by the City Attorney as to legal form, and by the Planning and Zoning Commission and City Council as to suitability for the proposed use of the common area;
            14.   The title page of each application and set of plans shall be signed by the applicant’s architect, planner, landscape architect, engineer and/or land surveyor if these services are required. In addition to an engineer and a planner (if any), the applicant’s submittal may be required to contain the professional services of at least two of the remaining three professionals involved in the design and construction of the environment;
            15.   A list of any changes from the concept plan which are contained in the development plan;
            16.   Phases of development, including delineation of areas, building sites (where applicable), land use and improvements to be constructed in independent phases and the scheduled timing and sequencing of development;
            17.   If standards or deviations approved with the concept plan are different from the base zoning district, such as lot sizes, building setbacks and similar requirements which are not uniformly applied to the development depicted in the plan, such standards and deviations shall be illustrated on the development plan; and
            18.   The full text of any homeowners or owners association requirements and covenants to be imposed on the property.
         (g)   Phase developments.
            1.   The concept plan shall be divided into sections of proposed development so that after a final development plan is approved for any section, there will be definitely established lines showing the resulting boundaries of the remaining PD District. Such division should be made in order that the unused portion of the site area could be rezoned to its previous or another classification and so that no more than a minimum amount of damage would result to the unused portion of the site from an usability standpoint if it were rezoned.
            2.   In reviewing and approving applications for a phased PD the city should seek to ensure that each phase (or each phase considered collectively with phases to be completed prior to such phase) conforms with the density and other requirements of the Comprehensive Plan, in order to avoid circumstances in which a phase is permitted to be completed which is not in conformity and in which subsequent phases are delayed for inordinate periods of time or are not completed.
            3.   Development plans for each phase may be submitted separately as the phases are ready for development.
         (h)   Effects of recording. All final development plans approved hereunder shall be binding upon the applicant, their successors and assignees, shall limit and control the issuance and validity of all permits, and shall restrict and limit the construction, locations, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans.
         (i)   Issuance of permit.
            1.   Upon, but not before, the approval, of the development plan as herein set forth, and completion of platting requirements as set forth in the Subdivision Ordinance, the applicant(s) for said plan shall be entitled to apply for the permits and certificates as are necessary to proceed with the accomplishment of such plan.
            2.   Upon the approval of the concept plan and rezoning of a land parcel to PD, Planned Development District, and upon the approval of the development plan, the applicant shall proceed with the accomplishment of said development plan in accordance with all other ordinances of the City of Heath.
         (j)   Compliance with development plan. The Building Official shall ensure compliance with this chapter, the concept plan and the development plan. He or she shall:
            1.   Make inspections to determine compliance with the provisions of this chapter and the concept plan and development plan, and initiate appropriate action in accordance with the Comprehensive Zoning Ordinance;
            2.   Investigate thoroughly any complaints of noncompliance concerning the development plan and keep a record of all complaints, indicating any action taken; and
            3.   Upon determination of noncompliance with the development plan, the Building Official shall take action as follows:
               a.   Give written notice to the property owner of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten days nor more than 30 days after the date of notification, within which to comply.
               b.   Notify the Planning and Zoning Commission of the noncompliance if the violations have not been corrected within the prescribed time period.
         (k)   Effect of development plan approval.
            1.   If development of a lot or tract with an approved development plan has not been completed within three years of its final approval by completing all of the streets and other improvements contemplated by such development plan and the related plat, the development plan and related plat shall be deemed to have expired and a new review and approval of a development plan and plat for development of the property shall be undertaken by the Planning and Zoning Commission and City Council upon application by the owner, and such new approval shall be required before a building permit may be issued for development. The review and approval shall be evaluated according to the standards of this chapter and the Comprehensive Plan, taking into account all changes to the ordinance and the Comprehensive Plan which have occurred subsequent to the prior development plan approval.
            2.   If the development plan is submitted in conjunction with an approved phasing plan for development of the lot or tract, the development plan shall be deemed to have expired if any phase is not completed within the time period approved for such phase. No development plan phase may be planned to exceed three years unless specifically authorized by the Planning and Zoning Commission and City Council when demonstrated that due to the size or complexity of the development the three-year time period would create a hardship. If any phase is not completed within the time period approved, the entire remaining uncompleted development plan and plat shall be deemed to have expired and the provisions of this division shall be followed.
            3.   Extension of an approved development plan may be granted by the Planning and Zoning Commission and City Council upon submission of a request for such extension by the property owner at least 90 days prior to the expiration of the plan. The  Planning and Zoning Commission and City Council shall take into consideration any changes that have occurred in this chapter and the Comprehensive Plan subsequent to original approval of the plan and the property owner may be required to bring the plan into compliance with the current requirements.  The period of time approved for any such extension shall be indicated in any approval but in no case shall the period of extension exceed three years.
   (F)   Development schedule.
      (1)   In addition to or in lieu of the requirements of division (E)(2)(k) above, an application for a Planned Development District shall, if the applicant desires or the Planning and Zoning Commission or City Council requires, be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the City Council, shall become part of the development plan and shall be adhered to by the owner, developer and their successors in interest. The City Council, in the ordinance approving the development schedule, may authorize the Planning and Zoning Commission to extend the development schedule or adopt a new development schedule without additional public hearings.
      (2)   Annually, where a development schedule has been required the Building Official shall report to the City Council the actual development accomplished in the various Planned Development Districts as compared with the development schedules.
      (3)   The Planning and Zoning Commission may, if in its opinion the owner or owners of the property are failing or have failed to meet the approved scheduled, initiate proceedings to rezone the Planned Development District by removing all or part of the Planned Development District from the zoning district map and recommending that the area involved be placed in another appropriate zoning district. This recommendation shall be passed to the City Council as are other amendments to the Zoning Ordinance.
      (4)   The owner or owners may, at any time, apply to the Planning and Zoning Commission for an extension of the development schedule. The application shall be acted upon by the Planning and Zoning Commission and the City Council, or if the ordinance setting out the development schedules gives the authority to the Planning and Zoning Commission to extend the development time, the action of the Planning and Zoning Commission making extension shall be final. In the event the Planning and Zoning Commission denies the extension, the owner or owners of the property shall have a right of appeal to the City Council.
   (G)   Assuring completion of certain improvements.
      (1)   In addition to the requirements of division (C)(7) above, the Planning and Zoning Commission and City Council may specify in approving a Planned Development District more restrictive requirements and more accelerated completion schedules than those in that division for the completion of improvements to open space and may specify similar or more restrictive requirements and completion schedules for landscaping, screening walls and other improvements to be made in a Planned Development District.
      (2)   These requirements may include, but are not limited to, completion of certain improvements prior to the issuing of building permits or certificates of occupancy and the requirement of bonds or other financial support to guarantee completion.
   (H)   Coordination with Subdivision Regulation Ordinance.
      (1)   Processing under the Subdivision Ordinance shall be carried out simultaneously with the review of the development plan under this section.
      (2)   The development plan submitted under division (E) above shall be accompanied by a preliminary plat which meets the requirements of the Subdivision Ordinance. The preliminary plat shall be reviewed and approved by the Planning and Zoning Commission prior to the granting of any building permits.
      (3)   Every Planned Development District approved under the provisions of this section shall be considered as an amendment to the Zoning Ordinance as applicable to the property involved. In carrying out the development of a Planned Development District, the development conditions and the development schedule, if required, shall be complied with and such conditions as are specified for the development of a Planned Development District shall be construed as conditions precedent to the granting of a certificate of occupancy.
   (I)   Continuation of existing planned developments. All Planned Development Districts approved in accordance with the provisions of this section or by subsequent amendments thereto shall be referenced on the zoning district map, and a list of the Planned Development Districts together with the category of uses permitted therein shall be maintained in the Appendix of this chapter.
(2005 Code, § 12-2-9)  (Ord. 961212A, passed - -; Ord. 040617B, passed 7-1-2004; Ord. 181211B, passed 12-11-2018; Ord. 190514A, passed 5-14-2019)