(a) Consolidation with Subdivision Approval. The applicant shall consolidate an application for Preliminary PD Plan approval with an application for subdivision plat approval, pursuant to Chapter 1155, 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 PD requirements of this Code and the provisions, including submittal requirements, of Chapter 1155. 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. The plat included as part of an approved Final PD Plan shall be recorded as the final subdivision plat.
(b) 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. The applicant may select Preliminary PD Plan Option One or Preliminary PD Plan Option Two.
(c) Preliminary PD Plan Option One:
(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) The Commission's role shall be to review all applications for Preliminary PD Plans and make a recommendation to the Director to approve, approve with conditions, or deny the application based on compliance with Section 1156.03 of this Code. If the Commission recommends approval of an application with conditions, the applicant shall resubmit to the Commission a revised preliminary PD Plan that reflects the changes or modifications required or suggested by the Commission in its initial review.
(3) A plan previously receiving Preliminary Plan approval may proceed with Final PD Plan approval.
(4) Upon receipt of the approved Preliminary PD Plan from the Commission, the Director shall forward the application to the Architectural Board of Review for review of the application based on compliance with the standards set forth in subsection (j) below.
(d) Preliminary PD Plan Option Two:
(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) The Commission's role shall be to review all applications for Preliminary PD Plans and make a recommendation to the Director to approve, approve with conditions, or deny the application based on compliance with Section 1156.03 of this Code. If the Commission recommends approval of an application with conditions, the applicant shall resubmit to the Commission a revised preliminary PD Plan that reflects the changes or modifications required or suggested by the Commission in its initial review.
(3) Preliminary approval must be received to proceed.
(4) Upon completion of the initial review of the Preliminary PD Plan by the Commission, the applicant may request the Director to submit the Preliminary PD Plan to City Council for review and preliminary approval.
(5) Upon receipt of the approved Preliminary PD Plan from the Commission and City Council, the Director shall forward the application to the Architectural Board of Review for review of the application based on compliance with the standards set forth in subsection (j) below.
(e) Procedures for Approval of a Final PD Plan.
(1) A plan previously receiving preliminary approval may be submitted for Final Approval.
(2) 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. Only such phases as receive Final Approval may be advanced for purposes of obtaining building permits and being constructed.
(3) A preliminary plan complying with the requirements set forth in Section 1155.03, Subdivision Regulations, General Requirements, and a plat complying with the requirements set forth in Section 1155.03, Subdivision Regulations, General Requirements, shall be prepared for each lot consolidation and submitted with an application for approval to the Director, except, at the discretion of the Director, the preliminary plan may be waived, prior to the deadline established by the Commission by rule. The purposes of the preliminary plan are to allow the Commission to determine if it qualifies as a potential PD and its compliance with other City codes.
(4) Concurrent with submission of an application for approval of a Final PD Plan, the Director shall submit to City Council a final Development Agreement, if applicable, for review and execution.
(5) The Commission's role shall be to review any application for Final PD Plan approval and make a recommendation to the Director to approve, approve with conditions, or deny the application based on its compliance with Section 1156.03 of this Code.
(6) If the Commission recommends approval of an application with conditions, the applicant shall resubmit to the Commission a revised Final PD Plan that reflects the changes or modifications required or suggested by the Commission in its initial review.
(7) Upon receipt of the approved Final PD Plan from the Commission the Director shall forward the application to the Architectural Board of Review for review of the application based on compliance with the standards set forth in subsection (j) below.
(8) Upon receipt of:
A. The approved Final PD Plan from the Architectural Board of Review,
B. An approved lot split and/or lot consolidation plat signed by the Chairman and Secretary of the Commission, and
C. An approved and executed Development Agreement from City Council if applicable, the Final PD Plan and plat shall be forwarded to Council along with the Commission's recommendation for approval.
D. Council shall approve or disapprove the Final PD Plan within forty-five (45) days from the date received by Council.
E. When the Final PD Plan is approved:
1. The plat shall be recorded;
2. Applicable building permits may be applied for and issued; and
3. Construction shall begin within sixty (60) days of issuance of the permits referred to in subparagraph (e)(8)E.2. herein.
(f) Street Acceptance. Where streets are to be dedicated to public use, upon approval of all improvements by the Engineer, the developer shall file a certificate and opinion of title, a guarantee of title or a title insurance policy in the amount of the market value of the property but not less than $1,000.00 with the Law Director showing the title to the street(s) in the PD to be good in the City for street purposes and to be free and clear of all liens and encumbrances whatsoever. The plat shall then be presented to Council for acceptance and confirmation of the dedication of such street(s).
(g) Recording. The plat shall be filed and recorded in the offices of the County Auditor and County Recorder by an authorized representative of the City within thirty (30) days after final approval.
(h) Fees. A review and recording fee, established pursuant to Section 1173.06 shall be included with the application.
(i) Notice Procedures. Where a PD is requested, notice of the public hearing held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.
(1) In addition, notice, indicating the time, place, and subject of the hearing, shall be sent by regular mail to the owners of:
A. All properties abutting the PD;
B. All properties abutting such properties described in subparagraph (i)(1)A. herein, including properties located across the right-of-way from or behind said abutting properties;
C. Any other property the Director deems affected by the proposed PD.
(2) Where a property described in paragraph (i)(1) above contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.
(k) 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 (12) months from the date of the Commission'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 (12) month period following the Commission's approval of the Preliminary PD Plan. 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 (12) month period from the date the Final PD Plan is approved. If the original or any successive twelve (12) month period expires before a completed application for a 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 properties included in the preliminary plan for which Final PD Plan 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 Commission 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 (2) years from the date City Council approves the rezoning.
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 Commission determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare.
C. Within the two (2) year period, the developer/owner shall:
1. Submit the plat portion of the Final PD Plan as the final subdivision plat for recording by the City surveyor, Chapter 1155 notwithstanding; and
2. Undertake substantial construction of at least the first approved phase of the PD development.
(3) If these actions are not completed within the two (2) year time period, such Final PD Plan shall automatically lapse and become null and void.
(l) Applications for Preliminary and Final PD Plans shall be submitted to the Commissioner upon such forms as approved by the City.
(m) Modifications of Final PD Plan.
(1) A minor modification shall be defined, for purposes of this Chapter, as any alteration other than a major modification (as defined below) to an already approved Final PD Plan.
A. A minor modification must be reviewed and approved by the Commission and Architectural Board of Review.
(2) A major modification shall be defined, for purposes of this Chapter, as the addition to an already approved Final PD Plan of any property or properties located in a C1 Office, C2 Retail, C3 General Business District or the MH Multiple-Family, High Density Residential District, or the addition to an already approved Final PD Plan of any property or properties located in the R1L, R1M, R1H, R2, ML or L residential zoning district that abut a PD or, the addition to an already approved Final PD Plan that changes the mix of uses.
(Ord. 17-17. Passed 3-20-17.)