(b) Consolidation with Subdivision Approval. The applicant shall consolidate an application for preliminary PD plan approval with an application for preliminary subdivision plan approval, and shall consolidate an application for final PD plan approval with an application for final subdivision plat approval. Such consolidated application shall be submitted in a form that satisfies both the planned development requirements of this Code and the provisions, including submittal requirements, governing subdivisions. The time frame and approval process for the consolidated PD/subdivision application shall follow the time frame and approval process set forth in this section. An approved final PD plan shall be recorded as the final subdivision plat.
(c) Procedures for Approval of a Preliminary PD Plan. Planned developments, similar to subdivisions, are first approved in preliminary form, and then approved in final form. Applications for approval of a preliminary PD plan shall follow the core development approval process set forth in Section 1203.02
, except for the following modifications:
(1) Step 1: Pre-Application Conceptual Review Meeting. A pre-application conceptual review meeting shall be mandatory for all persons intending to submit an application for approval of a preliminary PD plan.
(2) Step 4: Planning Commission Action. The PC's role shall be to review all applications for preliminary PD plans and make a recommendation to the City Council to either approve, approve with conditions, or deny the application based on its compliance with the standards set forth in Section 1203.04
(e).
(d) Procedures for Approval of a Final PD Plan. A final PD plan may cover the entire area covered by the preliminary PD plan, or it may include only a phase or phases of the preliminary PD plan. Applications for approval of a final PD plan shall follow the core development approval process set forth in Section 1203.02
.
(e) Standards for Review. All applications for planned developments shall demonstrate compliance with the requirements and review standards set forth in Section 1204.02
.
(f) Effect of Approvals.
(1) Effect of approval of a preliminary PD plan.
A. An approved preliminary PD plan shall be valid for a period of twelve months from the date of the City Council's action.
B. Application for approval of a final PD plan for all or any phase of the preliminary PD plan may be made at any time within the twelve-month period. An approved application for a final PD plan for any phase or portion of the preliminary PD plan shall extend the life of the preliminary PD plan for an additional twelve-month period from the date the final PD plan is approved. If the original or any successive twelve-month period expires before a completed application for final PD plan approval is submitted, unless a different time frame is specified in the development agreement, the preliminary PD plan approval shall automatically lapse and be null and void and all of the area included in the preliminary plan for which final PD approval has not been given shall be subject to the zoning and subdivision regulations otherwise applicable to them.
C. During the period an approved preliminary PD plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the applicant to proceed with any aspect of the approved development in accordance with the terms of such preliminary PD plan approval, except that the applicant shall comply with those local laws and regulations adopted subsequent to the approval of such preliminary PD plan if the City Council determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare.
(2) Effect of approval of a final PD plan.
A. An approved final PD plan shall be valid for a period of two years from the date of the Planning Commission's action.
B. During the period an approved final PD plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the applicant to proceed with any aspect of the approved development in accordance with the terms of such final PD plan approval, except that the applicant shall comply with those local laws and regulations adopted subsequent to the approval of such final PD plan if the City Council determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare.
C. Within the two-year period, the developer shall:
1. Record the final PD plan as the final subdivision plat; and
2. Undertake substantial construction of at least the first phase of the PD development.
If these actions are not completed within the two-year time period, such final PD plan shall automatically lapse and become null and void. All of the area included in such final PD plan shall be subject to the zoning and subdivision regulations otherwise applicable to them.
(g) Applications. Applications for preliminary and final planned development plans shall be submitted to the City Manager upon such forms as approved by the City Manager.
(h) Submittal Requirements. See Appendix A for submittal requirements for applications for preliminary and final planned developments.
(i) Modifications of Final PD Development Plan.
(1) Minor modifications of the final PD development plan may be authorized by the City Manager as set forth in Section 1203.08, Minor Modifications.
(2) Any change that does not qualify as a minor modification as set forth in Section 1203.08 shall be considered amendments and shall be processed in accordance with the procedure for approval of a final PD plan.
(Ord. 16-148, § 5. Passed 2-21-17; Ord. 18-93. Passed 10-15-19.)