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The applicant for a PUD must submit a sketch plan along with a preliminary plan and a final development plan. The property must also be rezoned to PUD Overlay District, and the decisions to approve a final development plan and to rezone a property to a PUD Overlay District are made concurrently. The final development plan, with all conditions, stipulations and requirements, shall constitute the zoning requirements for the particular property. All development restrictions described in the final development plan and supporting documents become the official zoning requirements of the property. This review procedure is intended to reflect the subdivision review procedure to provide for timely and concurrent zoning and subdivision review. (Ord. 638. Passed 6-4-03.)
(a) Following the submission and review of a conceptual sketch plan according to Section 1109.02 of the Subdivision Regulations, the applicant shall submit ten copies of a proposed preliminary plan to the Zoning Inspector, along with the required application fee. The proposed preliminary development plan shall include all items required of a preliminary drawing of a subdivision, as described in Sections 1109.06 to 1109.09 inclusive, of the Subdivision Regulations.
(b) The Planning Commission may also, at its sole discretion, require additional information such as maps, data or reports, including environmental impact studies and an archaeological survey of the property, prepared by an appropriate professional. The applicant shall be responsible for all reasonable expenses incurred by the Village in reviewing the preliminary and final development plans or any modifications thereof. Such expenses shall be in addition to the application fees established by Council and may include professional service fees incurred in connection with reviewing the plans and prepared reports, such as legal fees and fees for the services of other professionals such as geologists, landscape architects, planners, engineers, environmental scientists, or architects.
(Ord. 638. Passed 6-4-03.)
Not less than twenty, nor more than fifty days following the submission of the required information, a public hearing on the preliminary plan shall be scheduled. Notice of this hearing shall be published in a newspaper of general circulation at least fifteen days before such hearing.
(Ord. 638. Passed 6-4-03.)
Within thirty days following the public hearing provided for in Section 1183.07, the Planning Commission shall act to approve, disapprove or conditionally approve the preliminary plan according to the following criteria:
(a) That the proposed development is in conformity with the goals and objectives of the Zoning Ordinance, Subdivision Regulations and any Master or Comprehensive Plan then in existence having been property enacted by the Village;
(b) That the benefits, improved arrangement, and design of the proposed development justify the deviation from standard development requirements included in this Zoning Code;
(c) That the uses requested in the proposal are compatible with surrounding land uses;
(d) That there are adequate public services, such as utilities, fire protection, and emergency service, available to serve the proposed development;
(e) That the proposed development will not create overcrowding and/or traffic hazard on existing roads and/or intersections;
(f) That the arrangement of land uses on the site shall properly consider topography, significant natural features, natural drainage patterns, views, and roadway access;
(g) That the clustering of development sites is shown to preserve any natural or historic features and provide usable common open space;
(h) That the proposed road circulation system is integrated and coordinated to include a hierarchical interconnection of interior roads as well as adequate outerconnection of interior collector streets with off-site road systems;
(i) That there are adequate buffers between incompatible land uses; and
(j) That the Planning Commission is satisfied that the developer possess the requisite financial resources to begin the project within the required two years.
(Ord. 638. Passed 6-4-03.)
The Planning Commission approval of a preliminary plan will be considered an approval of the preliminary development plan in principle only. Approval of the preliminary plan shall not, therefore, be construed to approve any development on the site, nor shall it be construed to absolutely endorse a precise location of uses, shapes of parcels, or engineering feasibility. Approval of the preliminary development plan is necessary, however, before the applicant may submit a final development plan to the Planning Commission and Council for approval and rezoning to PUD Overlay District.
(Ord. 638. Passed 6-4-03.)
(a) The specific description of permitted, conditionally permitted, and accessory uses to be allowed in each area of the development; and
(b) A copy of the proposed deed restrictions.
(Ord. 638. Passed 6-4-03.)
The decisions to rezone land to a PUD Overlay District and to approve the final plan are technically separate decisions. However, to provide for the efficient and timely processing of both the rezoning request and the request for final plan approval, all PUD final plan submissions are deemed to be an application for amendment to the Zoning Code, according to Chapter 1175. All procedures, from Planning Commission review to a public hearing and final approval by Council, shall be followed in considering an application for a rezoning of the land in question to a PUD Overlay District. Upon approval of such application to rezone the property in question to a PUD Overlay District, the Zoning District Map of the Village shall be amended to designate the project area as a “PUD” Overlay District. Thereafter, with the concurrent approval of the rezoning and the final plan, all development restrictions and conditions described in the final plan shall become official requirements of the PUD.
(Ord. 638. Passed 6-4-03.)
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