A Planned Development District shall be established according to the following:
(a) Zoning. A request for zoning land to a Planned Development District classification shall be made according to this Chapter 1165 by filing a Preliminary Development Plan application. All properties with a PD classification shall be designated on the zoning map as "PD" plus initials of the development name. The development name can be assigned by the applicant or can be assigned by the City Manager as a unique identifier for the project through its application and construction phases.
(b) Preliminary Development Plan. A Preliminary Development Plan application shall be reviewed by the Planning and Zoning Commission and City Council in accordance with this Chapter 1165. An action by City Council to approve, approve with conditions, or disapprove a Preliminary Development Plan application shall be deemed to constitute the act of zoning and shall be considered to be a legislative action.
(c) Final Development Plan. Final development plans (each, a "Final Development Plan") shall be reviewed and acted upon for all proposed developments which are not Major Economic Development Projects (such term being defined in Section 1165.06(j)) by the relevant reviewing body in accordance with this Chapter 1165. A Final Development Plan application may include the entirety of the PD District, or it may be submitted for part of the PD District in accord with any commitments that were made in the approved Preliminary Development Plan with regard to the phasing of development. All uses and developments within a PD District which are not Major Economic Development Projects shall comply with an approved Final Development Plan. An action by the relevant reviewing body to approve, approve with conditions, or disapprove a Final Development Plan application (or a permitted modification to or amendment thereof) shall be deemed to constitute an administrative action.
(d) Certificate of Development Approval. A certificate of development approval ("CODA") shall be reviewed and acted upon for all Major Economic Development Projects (such term being defined in Section 1165.06(j)) by the Administrative Board of Review (such term being defined in Section 1165.06(k)). Each use and development within a PD District which qualifies as a Major Economic Development Project shall comply with an approved CODA. An action by the Administrative Board of Review to approve, approve with conditions, or disapprove a CODA application (or a permitted modification to or amendment thereof) shall be deemed to constitute an administrative action.
(e) Plats. When a plat is necessary or required it shall be reviewed in accordance with the City's Subdivision Regulations (see Part Eleven - Planning and Zoning Code, Title One. Subdivision Regulations in the City of Johnstown Codified Ordinance). An application for preliminary plat review and approval may be filed at the same time as an application for Preliminary Development Plan review and approval or Final Development Plan review and approval, or may be filed at a later date. An application for final plat review and approval may be filed at the same time as an application for Final Development Plan review and approval or may be filed at a later date.
(f) Expiration of Preliminary Development Plan and Zoning Text. Given the nature of the PD District as providing for a Preliminary Development Plan and Zoning Text having unique features suited to a particular time, the approval of a Preliminary Development Plan and Zoning Text shall expire on the third anniversary of City Council approval of the Preliminary Development Plan and Zoning Text unless construction has commenced on at least the first phase prior to that date. Further, unless construction has commenced on at least seventy percent (70%) of the total acreage of the PD District, the approval of a Preliminary Development Plan and Zoning Text shall expire as to property on which construction has not commenced, on the eighth anniversary of Council approval. At any time prior to expiration, the applicant may request and Council may grant an extension of the Preliminary Development Plan and Zoning Text approval for good cause shown.
Upon expiration of Preliminary Development Plan and Zoning Text approvals, the property will retain its PD District zoning, but no construction or development may proceed upon undeveloped property without approval of a new Preliminary Development Plan and Zoning Text through the legislative process established in this Chapter, or a rezoning to a different zoning district. (Ord. 10-2023. Passed 6-20-23.)