(a) Purpose. The purpose of the planned unit development procedure is to provide a special review process for developments that are subject to § 1204.07(b)(15).
(b) Applicability. This section shall apply to all applications for the creation of a Planned Development District or modification of a Planned Use Modification District that was approved prior to the effective date of this code.
(c) Planned development review procedure. The review procedure for planned unit development shall be as follows:
(1) Step 1 - Application (preliminary development plan and zoning map amendment). The applicant shall submit an application in accordance with § 1226.02, and with the provisions of this section.
(2) Step 2 - Staff review and staff report.
A. Upon determination that a planned development application and related preliminary development plan is complete, the Development Code Administrator shall schedule the review of the application at the next available Planning Commission meeting.
B. Prior to the Planning Commission hearing for the PD preliminary development plan and zoning amendment, the Development Code Administrator shall review the application and prepare a staff report.
(3) Step 3 - PD preliminary development plan and zoning map amendment.
A. The PD preliminary development plan approval procedure involves a zoning map amendment to rezone the subject property to a PD District with an approved PD preliminary development plan.
B. The procedure for this stage shall comply with the requirements of § 1226.03.
C. The preliminary PD plan shall be reviewed as part of the zoning map amendment. Upon approval of the zoning map amendment and preliminary PD plan, the zoning map shall be revised to show the PD District on the applicable property.
D. The applicant may only proceed with the PD final development plan approval (Step 4) after the PD zoning map amendment becomes effective.
(4) Step 5 - PD final development plan approval.
A. Within one year after the approval of the PD preliminary development plan, the applicant shall file with the Development Code Administrator a PD final development plan for the entire development, or when submission in stages was authorized by the Planning Commission during the PD preliminary development plan review (Step 4), for the first phase of the development. If more than one year passes from the date of approval of the PD preliminary development plan and the PD final development plan has not been submitted for approval or a request for an extension not to exceed 12 months has been filed with Planning Commission, the PD preliminary development plan shall be deemed expired and the applicant will have to resubmit such plan. In no case shall PD preliminary development plan be valid for more than two years.
B. The PD final development plan shall be sufficiently detailed to indicate fully the ultimate operation and appearance of the development. Copies of legal documents required by the Planning Commission for the dedication or reservation of public facilities, or for the creation of a homeowners', property owners', or condominium association shall also be submitted.
C. Upon receipt of the PD final development plan, the plan shall be submitted to the City Engineer for review and approval of plans regarding water, sewerage and drainage, and street construction drawings.
D. The Planning Commission shall review the PD final development plan at a public meeting to determine whether it conforms to all substantial respects to the previously approved PD preliminary development plan and to all other applicable standards of this code.
1. The Planning Commission may approve, approve with modifications, or deny the PD final development plan.
2. In its decision, the Planning Commission may impose such conditions of approval as are in its judgment necessary to insure conformity to the applicable criteria and standards. In so doing, the Planning Commission may permit the applicant to revise the plan and resubmit it as a PD final development plan within 60 days of such action.
(d) Review criteria.
(1) Review criteria for the PD preliminary development plan and zoning map amendment. The following criteria shall serve as conditions that should generally be satisfied before the approval of the PD preliminary development plan and zoning map amendment:
A. The proposed development is consistent with the master plan, other adopted City plans, and the stated purposes of this code and § 1204.07(b)(15);
B. The proposed development is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions;
C. The proposed development will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved as well under other zoning districts;
D. The proposed development will promote the public health, safety, and general welfare;
E. The proposed development is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; and
F. The preliminary development plan has been transmitted to all other agencies and departments charged with responsibility of review.
G. The proposed development has provided evidence of assured access (i.e.: access agreement with the neighboring property owner, etc.) to the development site upon submission of the Preliminary Development Plan application.
(2) Review criteria for the PD final development plan. The following criteria shall serve as conditions that should generally be satisfied before the approval of the PD final development plan:
A. Appropriate arrangements with the applicant have been made which will ensure the reservation of common greenspace as indicated on the PD preliminary development plan and PD final development plan;
B. Appropriate agreements with the applicant have been made to ensure the proper completion of public improvements in compliance with Chapter 1222: Subdivision Design;
C. The proposed PD final development plan for the individual section(s) of the overall PD is consistent in contents (building location, land uses, densities and intensities, yard requirements, and area and frontage requirements) with the approved PD preliminary development plan;
D. The minimum common greenspace area(s) have been designated and shall be duly transferred to a legally established homeowner's, property owners', or condominium association, or has been dedicated to the City or another public or quasi-public agency;
E. Each individual phase of the development can exist as an independent unit that is capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that such objective can be obtained;
F. That any part of the planned development not used for structures, parking and loading areas, or streets, shall be landscaped or otherwise improved; or if approved by the Planning Commission, left in its natural state;
G. That any exception from the design standards provided in the PD preliminary development plan is warranted by the design and amenities incorporated in the detailed PD final development plan;
H. That the internal streets and thoroughfares proposed are suitable and adequate to accommodate the anticipated traffic within and through the development; and
I. The PD final development plan has been transmitted to all other agencies and departments charged with responsibility of review.
(e) Time limit.
(1) Any PD final development plan shall be valid for a period of two years after the date of approval by City Council. If no development has begun (development being defined as the start of construction of the required public/private improvements as shown on the approved final development plan for one or more phases of the project) in the PD within two years from the date of approval, such approval shall lapse and be of no force and effect.
(2) Two one-year extensions of the time limit set forth in division (e)(1) hereof may be granted by the Planning Commission, provided that such extension is not in conflict with the most current master plan and that such extension is in the best interests of the entire community. The developer/owner shall apply for an extension and shall state the reason for the extension. City Council shall be notified of all extensions granted.
(3) If an approved PD shall lapse as provided in division (e)(1) hereof, notice of such lapse shall be filed by the Planning Commission and forwarded to City Council. The City Council may initiate a rezoning to a base zoning district in accordance with § 1226.03.
(f) Changes to approved planned developments. A planned development shall be constructed and completed in accordance with the approved PD final development plan and all supporting data. The PD final development plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assignees, and shall limit and control the use of premises (including the internal use of buildings and structures) and the location of structures in the planned unit development as set forth therein.
(1) Major change.
A. Major changes to a PD generally require the prior approval of the Planning Commission and City Council. The Development Code Administrator shall have the authority to determine if a proposed change is a major change. Such changes include, but are not limited to:
1. Expansion of the PD project beyond the original lot coverage;
2. Removal or subtraction of land from the original lot coverage; and
3. Proposed changes in the mix or combination of land uses.
B. Changes that require the approval of only the Planning Commission include, but are not limited to, the following:
1. Changes in the plans relative to the size and arrangement of buildings, the layout of streets or circulation patterns, the size, configuration and location of common open space, and changes in any approved elements of the PD that may affect adjacent property owners; and
2. Amendments to the conditions that were attached to the original PD approval.
(2) Minor changes.
A. Minor changes are those proposed by the developer/owner which do not disturb or affect the basic design and approved preliminary development plan of the PD and which are essentially technical in nature, as determined by the Development Code Administrator.
B. Examples of minor changes include, but are not limited to, change in the intensity of lighting, changes in the size and location of water and sewer lines within approved easements and changes in the location and number of fire hydrants.
C. The Development Code Administrator shall notify the Planning Commission of all such approved minor changes.
(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2022-37, passed 4-19-2022)