§ 156.142  APPLICATION PROCEDURES FOR PLANNED DEVELOPMENTS.
   (A)   A four-step procedure is prescribed for planned developments. Prior to beginning the planned development review process, the applicant is encouraged to obtain a copy of the city zoning ordinance, a copy of the development code, and relevant application forms. Applications shall be made on forms supplied by the city, and shall be made in accordance with the provisions of this chapter relating to special uses, except as specifically provided here to the contrary. The Zoning Administrator shall have the authority to combine stages of the review process. However, combining stages does not eliminate the applicant's responsibility to pay application and staff review fees for each stage.
   (B)   Planned developments to be considered by the city shall be in keeping with the following circumstances:
      (1)   There shall be no minimum acreage requirement for a planned development;
      (2)   Planned development required. Any development meeting the following conditions shall be permitted only if approved as a planned development in accordance with this chapter:
         (a)   Any development of ten acres or greater. Development of this size and scale can have a greater impact on the community than small developments and should be developed in an integrated manner that can be accommodated through planned development regulations.
         (b)   Any development requesting two or more variations from this chapter.
      (3)   Each planned development shall be presented and judged on its own merits. It shall not be sufficient to base justification for an approval upon an already existing planned development.
      (4)   The burden of establishing that a planned development is necessary, desirable, and meets all the standards of this chapter shall in all cases be the responsibility of the applicant.
   (C)   Step 1: Pre-application meeting.  Before submitting an application for a planned development, the applicant shall meet with city staff to informally discuss the proposed planned development, to obtain information and guidance before entering into binding commitments regarding the property, or incurring substantial expense in preparation of a development. The request for a pre-application conference shall conform with the provisions of § 153.20.020.
   (D)   Step 2: Concept plan review.  The concept plan review step shall be conducted at the sole discretion of the Director of Community and Economic Development, upon determining that the scale, complexity or potential adverse impacts merit this review step. The concept plan review provides an informal, pre-application process to assist an applicant's appraisal of the feasibility of a development concept according to the city comprehensive plan, other city development policies, existing and projected development plans, and other development activities. The process encourages discussion of basic interests, concerns and questions related to the development proposal, prior to incurring the expenses associated with a formal submission, and allows that work to be conducted more efficiently and effectively. This step also allows for citizen participation to also assist the developer and the city in defining the conditions under which permanent changes in land use may occur with minimal disruption of the natural and economic resources of the city. A determination whether to proceed with concept plan review shall be at the discretion of the Zoning Administrator, based on the completeness of the application, and whether the complexity of the project requires further information from the application or analysis by staff.
      (1)   Concept plan review submittals shall include the following items.
         (a)   Maps.  Maps that are part of the concept development plan may be in general form, and shall contain the proposed land uses, the natural features of the site, the character and approximate density of dwellings, and the approximate location of proposed thoroughfares and water, sewage and drainage systems.
         (b)   General statement. A written statement shall contain a general explanation of the size and character of the planned development, including a statement of the present ownership of all the land within the planned development, and an anticipated start date of construction.
         (c)   Current aerial photograph. Aerial photography (preferably at a scale of one inch equals 400 feet), showing existing features within the proposed development's area of influence (not less than one-half mile), including the subject property, school, park, wastewater facility and fire protection district boundaries, municipal boundaries, and planning jurisdiction limits, national and local historic district boundaries, and sewer and water lines.
         (d)   Existing conditions. The existing conditions plans should be a professionally-drawn, site analysis plan, at a scale of one inch equals 100 feet, showing the boundaries of the site and the existing natural and man-made conditions on and within 150 feet of the site. It shall also include the following:
            1.   General information, including but not limited to, a graphic scale, north point, date of preparation, the name of the proposed development, and the name of the land surveyor, land planner or professional engineer who prepared the site analysis;
            2.   Natural features shall include topography (significant slopes designated), soils, wooded areas, natural areas, areas subject to flooding, bodies of water, wetlands, creeks, fens, springs and seeps, rock outcroppings, drainage patterns, vegetation, and wildlife habitat; and
            3.   Existing man-made features shall include interior and adjacent streets (with surface width and material noted), buildings, barns, bridges, historical and architectural sites, agriculture drain tile, underground utilities, rights-of-way, easements, neighborhood land uses, political boundaries, present zoning and planned land uses, the names of adjacent property owners, and any conditions of adjacent property that may affect the proposed development.
         (e)   Concept site plan. A professionally-drawn concept plan, at a scale of one inch equals one 100 feet, showing existing topography and vegetation, and the proposed general pedestrian and vehicular circulation, general land uses, open spaces and natural areas, and storm water control facilities. Concept site plan shall include a small location map, showing the relationship of the proposed development to the existing road network.
         (f)   Evidence of ownership of the land proposed to be developed or subdivided. Where the developer does not own the land, written notarized permission from the owner shall be provided, authorizing the development of the land under the provisions of this chapter.
         (g)   Tentative engineering proposals. Tentative engineering proposals for water supply, wastewater facilities, storm drainage and street improvements.
         (h)   Completed application for concept plan review. A completed concept plan review application as provided by the city.
      (2)   Following the submission of all material required by § 156.142(D)(1), the Zoning Administrator shall distribute such documents to city departments, consultants or other persons as may be necessary. City staff will review each concept plan application, and any accompanying drawings, supporting documentation and statements, in order to determine the extent to which the application is consistent with all city requirements, and the standards for a planned development and a special use.
      (3)   After city staff has reviewed the submittal, the Zoning Administrator shall schedule the project on the next available Plan and Zoning Commission agenda and shall submit a staff report to Plan and Zoning Commission and to the applicant. The staff report will analyze the plan’s compliance with the requirements of this chapter; raise any concerns that arise throughout the review process, and advise of any city plans, policies or projects that may affect the proposed subdivision or development.
      (4)   The Plan and Zoning Commission shall review the concept plan at a public meeting and provide feedback to city staff and the applicant as to items noted in the staff report, other potential benefits or concerns noted about the concept plan, and any additional information it considers useful and suggests being provided for the preliminary development plan review should the applicant proceed to that stage.
   (E)   Step 3: Preliminary development plan review.  The preliminary development plan review step provides formal, first consideration of the planned development application. Plans considered at this stage shall reflect a significantly complete development plan that indicates clearly what form of development is proposed, and how it might impact surrounding properties and the community in general. The applicant shall provide enough information and detail about the proposal to allow the staff, the PZC, the City Council and residents to make a sound determination regarding the extent to which the proposed development meets the standards for approval specified in this chapter.
      (1)   Preliminary development plans shall include the following items.
         (a)   All items required for a preliminary development plan as described in § 153.20.041 of the city development code.
         (b)   A development schedule indicating the approximate dates each phase of the planned development will commence and conclude. Phase information should indicate what development is included in each phase, including open space, site amenities, landscaping and utilities.
         (c)   Proposed agreements, by-laws, provisions or covenants that govern the use, maintenance and continued protection of the planned development, and any of its planned open space or other facilities referred to in division (E)(1)(b).
         (d)   A list of all modifications from the district regulations that will be necessary for the proposed planned development.
         (e)   Statements of conformity, ownership and proposed use.
            1.   STATEMENT OF CONFORMITY is a statement by the applicant(s) demonstrating how the planned development conforms with the purpose and the standards and criteria of this subchapter.
            2.   STATEMENT OF OWNERSHIP is a statement and documentation by the applicant(s), verifying their ownership or control of all land included in the proposed development. If the property is held in a trust, the statement of ownership shall disclose the name of the trustee and beneficiaries of the trust.
            3.   STATEMENT OF PROPOSED USE is a statement of the applicant’s (or applicants’) intention with regard to the future selling or leasing of all portions of the land areas or structures, and the proposed use thereof.
         (f)   Additional information as may have been directed by the Plan and Zoning Commission as part of the concept plan review process or as may be required by the Zoning Administrator.
      (2)   Following the submission of all required material, the Zoning Administrator shall distribute that information to city departments, consultants or other persons as may be necessary. City staff will review each preliminary development plan application, and any accompanying drawings, supporting documentation and statements, in order to determine whether the application is consistent with all city requirements, and the relevant standards and criteria contained in this subchapter.
      (3)   After city staff has reviewed the submittal, the Zoning Administrator shall schedule the application for a public hearing (in accordance with the requirements of this chapter) at the next available Plan and Zoning Commission meeting. The staff report analyzing the proposed plan's compliance with the requirements of this chapter shall be provided to the Plan and Zoning Commission, and copy of that report shall be provided to the applicant.
      (4)   Hearing. The Plan and Zoning Commission shall hold a public hearing on the application for a preliminary development plan. Notice and hearing procedures shall be followed as set forth in § 156.120(E)(3), Notice and hearing procedure, of this chapter.
      (5)   Decisions by the Plan and Zoning Commission. Following the public hearing and review of the preliminary development plan and supporting materials for conformity to this chapter, the Plan and Zoning Commission shall, within 60 days from date of public hearing (unless agreed to otherwise with the applicant), recommend approval, modification or disapproval, and the reasons therefor, to the City Council; the recommendation shall include the Plan and Zoning Commission's findings of fact in regard to the standards for findings in this article.
      (6)   No application for preliminary development plan shall be approved without a satisfactory finding regarding the following standards. The Plan and Zoning Commission shall submit to the City Council a written recommendation and findings of fact for each matter it hears based on these standards.
         (a)   The standards for special use, as outlined in § 156.124(E) shall be met by all planned developments.
         (b)   In what respects the proposed plan is or is not consistent with the stated purpose of the planned development regulations.
         (c)   The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to, the density, dimension, area, bulk and use; and the reasons why such departures are or are not in the public interest.
         (d)   The extent to which the proposed plan meets the requirements and standards of the planned development regulations.
         (e)   The physical design of the proposed planned development, and the manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated planned open space and schools, and further the amenities of light and air, recreation and visual enjoyment.
         (f)   The compatibility of the proposed planned development with the adjacent properties and neighborhood.
         (g)   The desirability of the proposed planned development to physical development and economic well-being of the entire community.
         (h)   The proposed development plan's conformity with the recommendations of the comprehensive plan of the city.
      (7)   Decisions by the City Council. After receipt of the preliminary development plan from the Plan and Zoning Commission, the City Council shall approve, modify or disapprove the plan. In the case of approval, or approval with modifications and/or conditions, the City Council shall pass an ordinance approving the preliminary plan, incorporating findings of fact as recommended by the Plan and Zoning Commission, and as my be amended by the City Council.
      (8)   Effect of preliminary development plan approval.  Approval of a preliminary development plan shall not constitute approval of the final plan. It is an approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plan. The final plan shall be approved as the final development plan if it substantially conforms with the preliminary development plan. No plats shall be recorded and no building permits issued until a final development plan has been approved by the City Council.
      (9)   Preliminary plan approval shall be effective for no more than one year from the date of approval unless, upon written request by the applicant, the City Council grants an extension of time for one additional year, provided the applicant makes the request for the extension within the initial one-year period.
         (a)   When the preliminary plan approval is no longer effective, either by exceeding the one-year period or not receiving a time extension, the special use permit for the planned development shall lapse, upon written notice to the applicant from the Zoning Administrator, and shall be of no further effect.
         (b)   The expired preliminary plan may be considered and approved by the City Council upon written request from the applicant, only if the requested approval is for the same approved planned development, with no changes to that plan.
   (F)   Step 3A: Concurrent review.  An applicant for planned development may request concurrent review of preliminary and final development plans. The request shall be approved at the sole determination of the Zoning Administrator. If concurrent review is authorized, the process shall include the public hearing required by this subchapter, and all materials required in for final development plan approval shall be provided prior to scheduling the hearing.
   (G)   Step 4: Final development plan.
      (1)   Within one year following the approval of the preliminary development plan, unless an extension was granted as described above, the applicant shall submit a final development plan for the first stage of development. Final development plans shall contain the following items.
         (a)   All items required for a final development plan as enumerated in § 153.20.052.
         (b)   All items required for a final development plan as enumerated on the city's application for planned development, or as may be required by the Zoning Administrator to provide clarifying information.
         (c)   Note of any proposed changes to or impacts from the approved, preliminary planned development submittal.
         (d)   A final land use plan, suitable for recording with the County Recorder of Deeds. The purpose of the final development plan is to designate the land subdivided into lots, as well as the division of other lands not so treated into planned open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.
         (e)   If the planned development includes subdivided lands, a subdivision plat of all subdivided lands, in the same form and meeting all the requirements of a normal subdivision. To the extent that compliance with Chapter 153 may be required, public hearings for such purposes shall be held at the same time as the hearings required under the provisions of these planned development regulations.
         (f)   An accurate legal description of each separate unsubdivided use area, including planned open space.
         (g)   Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designed.
         (h)   Final agreements, by-laws, provisions or covenants that govern the use, maintenance and continued protection of the planned development, and any of its planned open space or other facilities, conveyed to a homeowners' association or similar organization.
         (i)   A detailed, final development and construction schedule, indicating when each phase is expected to commence and conclude. Detailed phase information shall include open space, site amenities, landscaping and utilities.
      (2)   Following the submission of all materials required above, the Zoning Administrator shall distribute such documents to city departments, consultants or other persons as may be necessary. City staff will review each final development plan application and any accompanying drawings, supporting documentation and statements, in order to determine whether the application is consistent with all city requirements and the standards and criteria for final development plans as contained in § 156.142(E)(6).
      (3)   After city staff has reviewed the submittal, the Zoning Administrator shall schedule the project at the next available Plan and Zoning Commission meeting, and shall submit a staff report to Plan and Zoning Commission and  provide a copy to the applicant. The staff report will analyze the final development plan's compliance with the requirements of this chapter, and report items of nonconformity or noncompliance. If the final plan does not substantially conform to the preliminary plan, a public hearing (with required notice) shall be held for the PZC to consider approval of the revised final plan.
      (4)   The Plan and Zoning Commission shall review the final development plan and shall make a recommendation to the City Council. When making its recommendation to City Council, the Plan and Zoning Commission can recommend approval, approval subject to modifications and/or conditions, or denial.
         (a)   The Plan and Zoning Commission shall recommend approval of the final development plan if it is in substantial compliance with the approved preliminary development plan. The Plan and Zoning Commission shall certify to the City Council that the final development plan is in conformity with the previously filed preliminary development plan, and meets all the requirements for a final development plan.
         (b)   A final plan is in substantial compliance with the approved preliminary plan if it includes, but is not limited to, the following:
            1.   Development density and intensity have not materially changed, in that:
               a.   The number of buildings has not increased by more than 10%;
               b.   The number of stories is the same or fewer;
               c.   The height of the building(s) has not increased by more than 5%;
               d.   The number of units is the same or fewer;
               e.   The lot coverage and floor area ratio are the same or less;
               f.   The number of bedrooms and corresponding parking spaces have increased or decreased by as much as 10%, based on the entire plan, provided the plan complies with all other requirements of this subchapter and of this chapter; and
               g.   The floor area ratio may have been transferred from one building to another or from one stage of development to another, provided that the total floor area ratio has not changed;
            2.   Design has not materially changed, in that:
               a.   The roadway patterns, particularly ingress-egress points, are in the same general location as shown on the original plans, and are no closer to the rear or interior side property lines than shown on the original plans;
               b.   The parking area is in the same general location and configuration;
               c.   The building setbacks are the same or a greater distance from perimeter property lines, except that the building setbacks for detached, single-family development; zero-lot-line, row-house, townhouse and cluster development may also have decreased; provided that the decrease is limited so that the resulting setback distance will be the greater of either the underlying zoning district regulations, or any condition or restrictive covenant regulating the setback for which a substantial compliance determination is sought;
               d.   The landscaped open space is in the same general location, is of the same or greater amount, and is configured in a manner that does not diminish a previously intended buffering effect;
               e.    The proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as previously approved;
               f.   Elevations and renderings of buildings have substantially similar architectural expressions as those shown on the approved plans;
               g.   Recreational facilities, if shown on plans approved by a prior zoning action, either remain the same or have been converted from one recreational use to another;
               h.   If recreational facilities were not shown in the approved plans, they may be added; provided there is no increase in lot coverage or decrease in required open space, and they are located internally within the proposed development;
               i.   Signage is no greater in number or size, and is placed in the same general location on the site as approved by zoning action;
                  i.   However, changes in the size or number of signs, when they are not used for advertising, but are used for direction or to facilitate services of the development, is permitted;
                  ii.   An entrance sign location may be moved the same proportional distance as a relocated entrance drive;
               j.   The proposed changes do not have the effect of creating any noncompliance or nonconformity with the strict application of the zoning code that was not previously approved at a public hearing, or of expanding the scope of existing variations, alternative, site-development options, or other approvals pursuant to alternative development standards, such that they would differ to a greater degree from the strict application of the zoning code;
               k.   Additional out-parcels may be added where there is no increase in the project's total floor area ratio or lot coverage, there is no reduction in the total amount of landscaped open space, and the addition of the out-parcel does not result in noncompliance with any other provision of this division on any other portion of the subject property;
               l.   Reductions in the number of parking spaces on the site are permitted, if sufficient parking spaces are provided to satisfy the requirements of this code.
            3.   If the Plan and Zoning Commission finds that the final development plan does not substantially conform to the preliminary development plan, or that it does not meet the requirements for a final development plan, it shall so notify the applicant and the City Council in writing,
      (5)   After receiving a recommendation from the Plan and Zoning Commission, the City Council shall approve, approve with modifications or disapprove the preliminary development plan, or refer the matter back to the PZC for further deliberation.
         (a)   The City Council shall approve the final development plan if it is in conformity with the preliminary development plan and meets all the requirements for a final development plan.
         (b)   The City Council may approve a final development plan the PZC does not find to be substantially concurrent with the preliminary plan, upon a finding that final plan is in keeping with the required standards for a planned development. The approval shall be considered a concurrent review of the plan, as described in § 156.142(F) of this chapter. City Council shall approve final development plans by resolution.
   (H)   Within five years of a planned development being approved, outlots subject to the conditions of the planned development and the review procedures set forth in Chapter 153.20, can be granted approval of one variation by Plan and Zoning Commission without amending the planned development, as long as the variation requested from the underlying zoning district was not addressed or specifically approved during approval of the planned development.
      (1)   Notification requirements for the public hearing must adhere to § 156.120(E)(3).
      (2)   If two or more variations are requested or if the request is to vary something specifically approved in the planned development, then a public hearing to amend the planned development is required before the Plan and Zoning Commission.
      (3)   This division does not apply to an individual residential lot owner requesting variations after a residence has been constructed. Such variations are subject to § 156.122.
(Ord. 21-016, passed 8-18-21)