(A) Purpose. The purpose of this section is to provide adequate review of applications for planned developments.
(B) General provisions. Review of applications for PDDs shall be conducted in compliance with the following general provisions:
(1) Review for completeness. Each PDD application shall be reviewed for completeness and compliance with the applicable submission requirements, unless specific items are determined by the Administration to be inapplicable or unnecessary. If the application is deemed insufficient, the Administration shall notify the applicant of the deficiencies. Only complete applications shall be placed on the Council agenda. When the application is determined complete and all applicable fees have been paid, the Administration shall officially accept the application for consideration. This shall include a Concept Plan, as set forth in division (C)(1) of this section, Preliminary Development Plan as set forth in division (D)(1) of this section or a Final Development Plan as set forth in division (E) of this section.
(2) Previously approved planned districts. Planned districts, including Planned Residential Districts (PRD), adopted prior to the effective date of these PDD 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.
(3) 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 Chapter 153, Subdivision Regulations, including any subsequent changes to subdivision plats. Preliminary Development Plan approval and preliminary subdivision plat approval may proceed simultaneously. Final Development Plan approval and final plat approval shall proceed simultaneously, unless a final plat has already been approved or is not required for completion of the project.
(C) Zoning amendment pre-application meeting with Concept Plan. The applicant shall meet with the Administration and may meet with Council for review of a Concept Plan prior to submitting an application for a PDD 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 review by Council. The Concept Plan shall include the elements indicated in § 154.097(A).
(2) No discussions, opinions, or suggestions provided on any aspect of the Concept Plan shall bind the applicant, or the village, or be relied upon by the applicant to indicate subsequent approval or disapproval by the village.
(D) Zoning amendment request. An application for a zoning amendment to the PDD shall be submitted according to § 154.006. In addition to the submission requirements for zoning amendments, the applicant shall also submit a Preliminary Development Plan and supporting documentation as required below.
(1) Preliminary Development Plan review procedures. The application, including all submission requirements for Preliminary Development Plans set forth in § 154.097(B), 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.
(a) Review by Administration. After determining that an application is complete according to division (B) (1) of this section, the Administration shall forward the application to the appropriate professional consultants for review and comment.
1. The application shall be reviewed for compliance with the any adopted plans or studies and the requirements of this Code and other applicable village Codes.
2. During the course of their review, the Administration may meet with the applicant to review the application, and the applicant may revise the Preliminary Development Plan application in response to the Administration's comments.
3. Within 60 days of the application being deemed complete or an extended time agreed to by the applicant, the application shall be placed on the agenda for a regularly scheduled meeting of Council. The application and supporting documentation, Administration comments, any other reports prepared above and any accompanying documents (such as but not limited to letters from residents or maps) shall be transmitted to Council prior to the meeting.
(b) Review and action by Council. Council shall review the application to determine if it complies with the approval criteria set forth in § 154.098(A). Council shall take into consideration any submitted staff reports, comments, and expert opinions when reviewing the application.
1. Request for additional information/revisions. In their review of an application, Council may request additional information they deem necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, Council may table the application.
2. Timeframe for review of tabled case. Within 60 days, the applicant will, upon written request to the village be entitled to a fixed hearing date.
A. That the Preliminary Development Plan and its supporting documentation is approved as submitted;
B. That the Preliminary Development Plan and its supporting documentation is approved with specific conditions set forth by Council, and agreed to by the applicant, to further protect and improve the proposed and surrounding developments; or
C. That the Preliminary Development Plan is disapproved.
(c) Council review criteria:
1. In reviewing the ordinance(s), Council shall consider the approval criteria set forth in § 154.098(A).
2. Disapproval by 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, or unless Council otherwise approves such resubmission.
(2) Approval of the PDD /Preliminary Development Plan.
(a) Adoption of the ordinance shall constitute a rezoning of the property included in the Preliminary Development Plan to a PDD, and the approved Preliminary Development Plan and associated commitments become binding on the applicant.
(b) The Official Zoning Map shall be amended to reflect the zoning change.
(c) In the event 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 Administration. No Final Development Plan application will be processed until the revised Preliminary Development Plan is submitted and approved.
(3) Significance of approved plan. Approval or approval with recommended modifications of the Preliminary Development Plan by Council shall constitute the rezoning of the subject property, and shall:
(a) Establish the development framework for the project, including the general location of open space, use areas, densities, unit types, recreational facilities, and street alignments;
(b) Permit the applicant to proceed with detailed planning of the Final Development Plan; and
(c) Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
(4) Expiration of zoning approval. Given the nature of the PDD process and the unique standards simultaneously adopted, the PDD zoning designation shall remain valid for two years from the date of Council approval. During that time, the applicant shall prepare and submit a Final Development Plan for review in compliance with division (E) below. In the event progress on the PDD is discontinued, the village may begin procedures to rezone the property to the zoning district in place prior to the PDD or to another district as may be determined appropriate.
(a) For the purpose of this section, progress shall be considered discontinued when:
1. The Final Development Plan for the PDD, or for the first phase of the PDD, is not submitted within one year after approval by Council of the Preliminary Development Plan;
2. The Final Development Plan for the PDD, or for the latest phase of the PDD, is approved, but construction authorized by such Final Development Plan is not begun within one year after approval of the Final Development Plan; or
3. A Final Development Flan for the PDD is approved, and construction work is discontinued for a period of one year or for a longer period as may be agreed to as part of the PDD zoning amendment.
(b) At any time, Council may grant an extension to the above stated timeframes for good cause shown.
(E) Final Development Plans. An application for Final Development Plan review shall include the submission requirements set forth in § 154.097(C) and shall be submitted for review according to the following. An application for Final Development Plan review shall be required for each phase of development. The applicant shall also submit a final subdivision plat for simultaneous review unless a final plat has already been approved or is not required for completion of the project.
(1) Area included in Final Development Plan. The area included in an application for Final Development Plan review shall be in substantial compliance with the phasing plan approved as part of the Preliminary Development Plan.
(2) Review procedures. The application, including any conditional use application, shall be reviewed according to the following procedures:
(a) Review by Administration. After determining that an application is complete according to division (B)(1) of this section.
1. The application shall be reviewed for compliance with the approved Preliminary Development Plan, the requirements of this Code and other applicable village Codes.
2. The application and supporting documents, Administration comments, any other reports and accompanying documents (such as, but not limited to, letters from residents or maps) shall be transmitted to Council.
(b) Review by Council. Council shall review the application to determine if it complies with the approval criteria set forth in § 154.098(B). Council shall take into consideration any submitted staff reports when reviewing the application.
1. Request for additional information/revisions. In their review of an application, Council may request additional information they deem necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, Council may table the application.
2. Time frame for review of tabled case. Within 60 days, the applicant will, upon written request to the Administration be entitled to a fixed hearing date. The case will be scheduled for the next regular Council meeting but not less than 30 days following receipt of the written request. This hearing shall not require a formal public hearing.
3. Conditional use review. If the application includes conditional uses, Council shall review the application according to the procedures set forth in § 154.157 including the requirement for a public hearing. During their review of a conditional use, Council may prescribe appropriate conditions, stipulations, safeguards and limitations on the conditional use as they may deem necessary and in conformance with the intent and purposes of § 154.157.
4. Compliance with the Preliminary Development Plan. In reviewing the application, Council shall determine if the Final Development Plan substantially complies with all specific requirements, the purposes, intent and basic objectives of the Preliminary Development Plan, and any commitments made or conditions agreed to with the adoption of the Preliminary Development Plan and if it represents an expansion and delineation of the approved Preliminary Development Plan.
A. Council may determine that the proposed plan complies with the Preliminary Development Plan and may proceed to review the Final Development Plan in accordance with the procedures of this section.
B. Council may, in reviewing the Final Development Plan, approve a modification of a provision of the development standards text if they determine that all of the following provisions are satisfied:
(i) Council determines that, for this PDD, that code compliance is not needed in order to ensure that the PDD is consistent with the community standards and compatible with existing, approved, or planned adjacent development;
(ii) Council determines that the proposed modification does not significantly alter the list of permitted or conditional uses, or cause an inappropriate increase in density;
(iii) The proposed modification results in a development of equivalent or higher quality than that which could be achieved through strict application of the requirement(s);
(iv) The principles of § 154.095(B) are achieved; and
(v) The development, as proposed on the Final Development Plan, will have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
C. Any proposed modification to a Preliminary Development Plan that fails to meet the above criteria shall require a zoning amendment to the Preliminary Development Plan according to §§ 153.005 and 154.006.
5. Compliance with current village-wide standards. In the event development standards or construction standards that apply village-wide are updated, all subsequently approved Final Development Plans shall comply with the updated standards when Council determines that such updated standard(s) will not cause undue hardship.
(c) Action by Council. Council shall take one of the following actions:
1. Approve the Final Development Plan as submitted;
2. Approve the Final Development Plan with modification(s) as agreed to by the applicant; or
3. Disapprove the Final Development Plan when the application does not demonstrate that the required standards have been met. Disapproval of the Final Development Plan shall terminate the process. The applicant may revise the final development to respond to Council's concerns and resubmit the plan. Such action shall be considered a new application for review and shall contain all the information required for Final Development Plans, including payment of the application fee.
(F) Zoning and building permits. Following the approval of the Final Development Plan, and recording of the final subdivision plat if applicable, the applicant may proceed with the certificate of zoning compliance and building permit process, consistent with approval as granted, including any conditions and modifications made by Council.
(1) After approval of the Final Development Plan, the applicant shall obtain a zoning certificate and building permit prior to construction.
(2) A zoning certificate and building permit shall not be issued until the appropriate final plat has been recorded and the village has accepted any applicable land areas that are to be dedicated to the village.
(3) All construction and development under any building permit shall be in accordance with the approved Final Development Plan, except as may be permitted in division (G) of this section. Any unauthorized departure from such plan shall be cause for revocation of the zoning certificate. All required covenants, easements and restrictions shall be recorded prior to the approval of any construction permit in a location where such covenants, easements, or restrictions are intended to apply. The village may require a copy of the recorded document prior to issuing any construction permit.
(G) Modifications to approved Final Development Plans. Requested modifications to approved Final Development Plans shall be reviewed according to the following:
(1) Administrative approval. The Mayor, in administering the approved Final Development Plan, may authorize minor design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approved Final Development Plan.
(a) Such modifications shall not allow increases in intensity of development or additions to the list of permitted or conditional uses.
(b) Such modifications shall be limited to:
1. Minor adjustments in lot lines provided no additional lots are created;
2. Minor adjustments in location of building footprints and parking lots provided the perimeter setbacks, yards and buffers remain in compliance;
3. Minor adjustments in building height(s);
4. Substitution of landscaping materials;
5. Redesigning and/or relocating stormwater management facilities;
6. Redesigning and/or relocating mounds;
7. Minor modifications to the design of signs, including the sign face, and sign lighting, provided the color palette, maximum sign area and maximum sign height, approved in the Final Development Plan, are not exceeded;
8. Minor changes in building material that are similar to and have the same general appearance as the material approved on the Final Development Plan.
(c) The Mayor shall report any approved modification to Council.
(2) Council approval.
(a) Any request for a variation to the development standards text that pertains to an individual single-family dwelling shall be reviewed as a variance according to the procedures set forth in § 154.156.
(b) Any such changes shall be indicated on an amended Final Development Plan. An application for an amended Final Development Plan shall follow the review procedures for Final Development Plan review set forth in division (E) of this section. If approved, such amendments to the Final Development Plan shall supersede the originally approved Final Development Plan.
(Ord. O-2132-06, passed 1-22-06)