§ 16.28.070  PROCEDURE.
   During the establishment and authorization of a planned development the following procedures, requirements, restrictions, and conditions shall be observed. A planned development requires following both the conditional use permit and the site plan review procedures. The approval of a planned development is a four-step process, which includes a pre-application meeting, concept plan, preliminary plan, and final plan.
   Submittal requirements are listed in § 16.28.080 (Submittal Requirements).
   A.   Pre-Application Meeting.
      1.   Prior to filing an application for a planned development, the applicant may attend an optional pre-application meeting with the Staff Plat Review Committee to review the application. Completed application forms, as provided by the Department of Planning and Development, and the payment of fees, as required by the County adopted fee ordinance, are required. An applicant may choose to begin at the preliminary plan stage.
      2.   At the pre-application meeting, the applicant shall provide information as to the location of the proposed planned development, the proposed uses, proposed public and private improvements, a list of any known requested exceptions to the district requirements, and any other information necessary to clearly explain the planned development. The purpose of the pre-application meeting is to make advice and assistance available to the applicant before preparation of the concept plan, so that it may be determined:
         a.   Whether the proposed planned development appears to be in general compliance with the provisions of this Ordinance and other applicable regulations.
         b.   Whether any zoning exceptions are required in connection with the proposed planned development.
         c.   Whether the proposed planned development is in conformity with the 2030 Comprehensive Plan, and the development policies of the County.
      3.   Any opinions or advice provided are in no way binding with respect to any official action that may be taken on the subsequent formal application.
   B.   Concept Plan.
      1.   Before submitting a formal application for a planned development, the applicant shall file an application, pay a fee, as required by the County adopted fee ordinance, and present a concept plan for the purpose of obtaining information and guidance prior to entering into binding commitments or incurring substantial expense.
      2.   Concept plans shall be submitted to the Department of Planning and Development and scheduled for review by the Staff Plat Review Committee.
      3.   The Staff Plat Review Committee will review the concept plan and provide a written report on the concept plan to be forwarded to the Zoning Board of Appeals.
      4.   Following receipt of the Staff Plat Review Committee’s report, the Zoning Board of Appeals will review the concept plan, and provide such information and guidance it deems appropriate. Any opinions or advice provided by the Zoning Board of Appeals is not binding with respect to any official action that may be taken on the subsequent formal application.
      5.   The review of the concept plan is a public meeting. Public comment on the concept plan will be accepted at such meeting.
   C.   Preliminary Plan.
      1.   All applications for planned developments shall submit an application, fee, and five (5) copies of a preliminary plan to be filed with the Department of Planning and Development, which will forward the copies to the Staff Plat Review Committee to be scheduled for review by the Staff Plat Review Committee.
      2.   The Staff Plat Review Committee will review the preliminary plan and provide a written report on the preliminary plan to be forwarded to the Zoning Board of Appeals.
      3.   Following receipt of the Staff Plat Review Committee’s report, the Zoning Board of Appeals will conduct a public hearing on the preliminary plan and conditional use permit at a public hearing in accordance with § 16.16.040 (Public Hearing), following the procedures for a conditional use permit per § 16.20.040 (Conditional Use). Notice for the public hearing shall be in accordance with § 16.16.030 (Notice).
         a.   In addition to the standards for conditional uses, the Zoning Board of Appeals recommendation shall set forth in what respects the planned development is or is not in the public interest including, but not limited to, findings on the following:
            (1)   The proposed planned development complies with the requirements and standards of this chapter.
            (2)   The site where the planned development is located is adaptable to the proposed development.
            (3)   The proposed planned development will not be detrimental to or endanger the public health, safety, or welfare.
            (4)   The proposed planned development will not be injurious to the use and enjoyment of other property in the vicinity for the purposes already permitted.
            (5)   The proposed planned development will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.
            (6)   If exceptions to the district regulations are requested, the planned development provides public benefits and amenities.
            (7)   There is provision for adequate utilities, stormwater management, off-street parking and loading, and all other necessary facilities.
            (8)   There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets.
            (9)   All portions of the proposed planned development that are not to be used for building sites, parking and loading areas, or access ways, are suitably landscaped.
            (10)   The location of the proposed planned development is consistent with the spirit and intent of this Ordinance and the 2030 Comprehensive Plan.
         b.   The Zoning Board of Appeals shall recommend approval, modified approval, or denial of the preliminary plan and conditional use permit, and forward its recommendation to the County Board.
      4.   The County Board will consider the preliminary plan and conditional use permit within ninety (90) calendar days of the close of the public hearing, following the procedures for a conditional use permit per § 16.20.040 (Conditional Use). The County Board may approve, approve with modifications, or deny the conditional use permit and preliminary plan.
      5.   If the preliminary plan and conditional use permit is approved by the County Board, the applicant may submit a final plan.
   D.   Final Plan. The applicant shall file a final plan within one (1) year following the adoption of the final ordinance approving the preliminary plan. The Staff Plat Review Committee will review the final plan and take the following action:
      1.   Conformance with Preliminary Plan. The Staff Plat Review Committee will approve the final plan if it is in substantial compliance with the preliminary plan and all County regulations.
      2.   Nonconformance with Preliminary Plan.
         a.   If the Staff Plat Review Committee finds that the final plan is substantially changed from the approved preliminary plan, or is otherwise not in accordance with County regulations, then the Staff Plat Review Committee will deny the final plan. The Staff Plat Review Committee will inform the applicant with regard to specific areas found not to be in compliance, and the applicant may resubmit the final plan with changes to those areas found not to be in compliance.
         b.   Once resubmitted and the Staff Plat Review Committee has determined the final plan to be in substantial compliance with the preliminary plan and with County regulations, the Staff Plat Review Committee will approve the final plan.
   E.   Approval of Final Plan. After the approval of the final plan, the use of the land and the construction, modification, or alteration of any structures within the planned development will be governed by the approved final plan rather than by other provisions of this Ordinance. All subdivision of land within the area of the planned development shall follow the requirements of approved final plan.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.7; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)