Review of applications for Planned Development Districts shall be conducted in compliance with the following general provisions:
(a) Review for Completeness. The City Planner or designee shall review each planned development application for completeness and compliance with the applicable submission requirements, unless the City Planner or designee, determines that specific items are inapplicable or unnecessary. If the City Planner or designees deems an application as insufficient, the City Planner or designee shall notify the applicant of the deficiencies. Only complete applications shall be placed on the Planning Commission agenda. When the application is determined complete and all applicable fees are paid, the City Planner or designee shall officially accept the application for consideration. This shall include either a preliminary development plan as set forth in Section 1137.07(
b) or a final development plan as set forth in Section 1137.07
(c).
(b) Previously Approved Planned Development Districts. Planned Development Districts, including development plans and development standards text adopted prior to the effective date of these Planned Development District regulations, shall continue in effect, and be considered legally conforming under this code. However, the procedures for the implementation of those developments must conform to the regulations indicated in this code.
(c) Subdivision Plat Approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with the subdivision regulations in Part Eleven - Title One including any subsequent changes to subdivision plats. The preliminary development plan and preliminary subdivision plat approval may proceed simultaneously. The final development plan and final plat shall proceed simultaneously unless a final plat has already been approved or is not required for completion of the project.
(d) Zoning Amendment Pre-application Meeting with Concept Plan. The applicant shall meet with the appropriate staff of the Planning Department for review of a concept plan prior to submitting an application for a Planned Development District Zoning amendment. The concept plan is intended to outline the basic scope, character, and nature of a proposed project. The review is to provide input in the formative stages of design.
(1) The applicant shall submit a concept plan for the City Planner or designee to review. The concept plan shall include the elements indicated in Section 1137.07
(a).
(2) The City Planner or designee may forward complex projects to the Planning Commission for their review and feedback.
(3) The applicant may request review and feedback from the Planning Commission prior to preparing a preliminary development plan.
(4) No discussions, opinions, or suggestions provided on any aspect of the concept plan shall bind the applicant, or the city, or be relied upon by the applicant to indicate subsequent approval or disapproval by the city.
(e) Zoning Amendment Request. An application for a Zoning amendment to the Planned Development District shall be submitted in accordance with Section 1159.02
. In addition to the submission requirements for Zoning amendments, the applicant shall also submit a preliminary development plan, development text, and supporting documentation as required below.
(f) Preliminary Development Plan Review Procedures. The application, including all submission requirements for preliminary development plans in accordance with Section 1137.07
(c), shall be reviewed and distributed according to the following procedures. A preliminary subdivision plat may be reviewed simultaneously provided all the required plat information is submitted.
(g) City Planner or Designee Review and Transmittal to the Planning Commission. After determining that an application is complete according to Section 1137.05(
a), the City Planner or designee shall forward the application to the appropriate city departments and, if determined necessary, professional consultants for review and comment. The City Planner or designee shall schedule a public hearing of the preliminary plan by the Planning Commission.
(h) Review and Recommendation by Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria set forth in Section 1137.08(
a). The Planning Commission shall take into consideration any submitted staff reports, comments, and expert opinions when reviewing the application.
(i) Action by Planning Commission. The Planning Commission shall recommend to City Council one of the following:
(1) That the preliminary development plan, development text and its supporting documentation be approved as submitted;
(2) That the preliminary development plan, development text, and its supporting documentation be approved with specific conditions set forth by the Planning Zoning Commission, and agreed to by the applicant, to further protect and improve the proposed and surrounding developments; or
(3) That the preliminary development plan be disapproved.
(j) Transmission to Council. The Planning Commission shall transmit the Zoning amendment application and the preliminary development plan in the form of an ordinance along with all appropriate documentation, including their recommendation to City Council, within thirty (30) days of acting, unless otherwise requested by the applicant.
(k) Review and Action by City Council. City Council shall review and act on the proposed ordinance(s), including conducting a public hearing, in accordance with City Council procedures and public notice provisions set forth in Section 1159.02.
(1) In reviewing the ordinance(s), the City Council shall consider the approval criteria set forth in Section .
(2) Disapproval by City Council shall terminate the process. Another Zoning amendment application pertaining to the land included in the disapproved application shall not be accepted within one year from the date of disapproval unless there has been substantial change to warrant reconsideration.
(l) Approval of the Planned Development District/Preliminary Development Plan. Adoption of the ordinance shall constitute a rezoning of the property included in the preliminary development plan to a Planned Unit Development District, and the preliminary development plan and associated commitments become binding on the applicant. The Official Zoning Map shall be amended to reflect the Zoning changes. In the event City Council approves the preliminary development plan with modifications, the applicant shall incorporate such modifications into the appropriate documents and file the revised preliminary development plan with the City Planner or designee. No final development plan application will be processed until the revised preliminary development plan is submitted and approved.
(m) Significance of Approved Plan. Approval or approval with recommended modifications of the preliminary development plan by the City Council shall:
(1) Establish the development framework for the project, including the general location of open space, use areas, densities, unit types, recreational facilities, and street alignments;
(2) Permit the applicant to proceed with detailed planning of the final development plan; and
(3) Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
(n) Expiration of Zoning Approval. Given the nature of the Planned Unit Development District process and the unique standards simultaneously adopted, the Planned Unit Development District designation shall remain valid for three (3) years from the date of City Council approval. During that time, the applicant shall prepare and submit a final development plan for review in compliance with Section 1137.07
(b) below. In the event progress on the PUD is discontinued, the City may begin procedures to rezone the property to the Zoning District in place prior to the Planned Unit Development District or to another District as may be determined appropriate. For the purpose of this section, progress shall be considered discontinued when:
(1) The final development plan for the PUD, or for the first phase of the PUD, is not submitted within three (3) years after approval by City Council of the preliminary development plan.
(2) A final development plan for the PUD is approved, and construction work is discontinued for a period of two (2) years or for a longer period as may be agreed to as part of the PUD Zoning amendment.
(3) At any time, the Planning Commission may grant an extension to the above stated timeframes for good cause shown.
(Ord. 15-23. Passed 8-14-23.)