(a) Notice to Applicants. Notice is hereby provided to all applicants that: The issuance of a City zoning permit for all or any portion of a PUD project requires City Council approval of a specific site plan; and
(b) Pre-Application Meeting. Prior to filing an application for a Planned Unit Development, the applicant or developer shall meet with the Director or the Director's designee. The purpose of this meeting is to informally and generally discuss the proposed development and the purpose, criteria and standards of the Planned Unit Development provisions and this code, and to provide the prospective applicant an opportunity to ask questions about PUD requirements and the PUD review and approval process. The applicant shall note that no statement or representation of the Director, the director's designee or any representative of the City during this pre-application meeting and any subsequent pre-application meetings shall be binding upon the Planning Commission, the City Council or the city.
(c) Planned Unit Development Application. The applicant shall officially file, in accordance with Section 1155.04(f), an application for planned unit development district classification with the Planning Department and shall make payment to the city in an amount equal to the established filing fee applicable to the PUD application for the proposed development. The application shall contain an application original and copies of all application materials in a quantity specified by the Planning Department. The application shall contain, but not be limited to, the following information:
(1) Name, address and telephone number of the applicant. If the applicant is not the sole owner of the subject property the application shall contain the name, address and telephone number of all owners of the property;
(2) Each application shall be signed by the applicant, attesting to the truth and exactness of all information supplied on and with the application. If the applicant is not the owner of the property proposed for PUD zoning classification, the applicant shall submit a current notarized, written statement from the property owner(s) appointing the applicant as the owner's agent. The statement shall further acknowledge the owner's consent to be bound by the application, by any agreement made by the agent, and by all decisions made by the City on this matter;
(3) A written and signed "letter of intent" from the applicant establishing the applicant's intentions as to development of the property, including existing and proposed use(s) of the property, and a detailed description of the common ownership or unified control of the entire property or properties included in the proposed development;
(4) A location map of the property at a scale of one inch = 1,000 feet, indicating location and boundary of the proposed PUD, and names of existing streets surrounding the proposed PUD;
(5) The current zoning classification of each property included in the proposed development;
(6) A written legal description of the property proposed for PUD classification. If a multiple PUD project is involved, the legal description for each proposed individual PUD shall be provided;
(7) A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography showing contours by two-foot intervals, existing natural and man-made features of the development site, including major wooded areas, floodplains and wetland areas, structures, streets, easements, utility lines and current land use. If a multiple PUD project is involved, the applicant shall provide the dimensions and bearings, and acreage for each proposed individual PUD zoning district;
(8) A location map showing the area proposed for PUD zoning classification and all properties within 500 feet from the exterior boundaries of the area proposed for PUD zoning. The applicant shall provide a list of the names and addresses of all owners of properties within 200 feet from the exterior boundaries of the area proposed for PUD zoning. The names and addresses of property owners shall be those available from the Montgomery County Auditor's office and current within 14 days prior to submission of PUD zoning classification application to the Planning Department. If the review and approval process of the application is substantially delayed, the Director may require the applicant to submit an updated list of names and addresses of owners of such properties;
(9) At a scale suitable for public meeting presentation purposes (preferred approximate scale of one-inch = 200 feet), sketch plans and development concepts regarding land use, types of residential development, generalized location of various land uses, generalized street access and vehicular circulation pattern, proposed setback from surrounding properties and general concepts for screening and buffering, generalized type and location of proposed recreational or open space areas and facilities, and conceptual layout and arrangement of the property. The applicant may indicate proposed building locations. The applicant shall furnish an 81/2" × 11" transparency of this information suitable for projection by use of an overhead transparency projector onto a viewing screen, as well as an electronic formatted copy suitable for PowerPoint presentation;
(10) Evidence of availability of water supply and sanitary sewer service;
(11) Estimated vehicular traffic volume generated by the proposed development and proposed street improvements;
(12) An estimated time schedule, including proposed starting and completion dates, indicating the timing and generalized location of development of generalized land use and functional areas, various phases of the project, and improvements to be constructed. If a multiple PUD project is involved, the sequencing, timing and functional relationship between each proposed individual PUD shall be provided;
(13) If a B-PUD, MX-PUD or M-PUD is proposed, a listing, by individual PUD phase, and if applicable, by multiple PUD sequence, indicating the coverage or percent of total land area covered by buildings and all other impervious surfaces. If an R-PUD is proposed, a listing, by individual PUD phase, indicating the percent of the total proposed area of open space to be provided;
(14) A listing of intended uses of the proposed PUD and the corresponding type of PUD Zoning District (R-PUD, B-PUD, MX-PUD, and M-PUD) in which each listed use is identified as permitted or accessory;
(15) A listing of any intended uses which may require a special use application; a listing of any intended uses not identified as a permitted or accessory use in any type of PUD zoning district; and a listing of any intended uses which may require a determination of similarity of use. If any such list is submitted, the applicant shall meet and further confer with the Director regarding the provisions of Section 1155.09(a) and (b);
(16) A schedule and listing of the total proposed square footage of buildings for each proposed PUD, and if applicable, also for the total multiple PUD project. If an R-PUD or MX-PUD is proposed, the proposed overall gross residential dwelling unit density for each PUD, and a schedule and listing of the proposed total number and type of dwelling units; and
(17) Any additional information as may be required by the Director within 15 days of the date of submission.
(18) When any applications to the City for some permit, certificate or approval involves submission of technical information by the applicant, it is recognized that the City may need to incur expenses for the services of engineers or other experts to evaluate such technical data. As a condition of the City agreeing to consider any such application, the applicant must agree to reimburse the City at once for any such expenses. That reimbursement must be received by the City before any such permit, certificate or approval is issued.
(19) A condition of the City agreeing to consider any application for a permit, certificate or approval shall be that the applicant must pay the cost of publishing any newspaper notice of any public hearings on the application, and of any ordinance that grants the application in whole or in part. Similarly, the applicant must agree to reimburse the city for any postage expense of mailing notices of the proceedings.
(d) Planning Commission Public Hearing and Notice. Notwithstanding Section 1127.02(c) of the Codified Ordinances, the Planning Commission shall hold a public hearing on an officially filed planned unit development zoning application within 45 days after the application's official filing date. Before holding such public hearing, notice of the hearing shall be given in accordance with Section 1127.02(c) of the Codified Ordinances. Notwithstanding Section 1127.02(c) of the Codified Ordinances, notice shall also be provided by certified mail at least 15 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be provided to all owners of property within 200 feet from the exterior boundaries of the area proposed for PUD zoning classification. Mailed, newspaper publication and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed development. The failure to deliver the notice as provided in this section shall not invalidate the public hearing or any decision on the application. (See also Section 7.2 of the Charter of the City of Moraine)
(e) Planning Commission Review and Recommendation of Pud Application. After a planned unit development application has been determined to be officially filed in accordance with Section 1155.04(f), the Planning Commission shall review and study the application and any accompanying materials. In the course of its study the Commission may confer with other agencies of government, request additional information or clarification from the applicant, and request additional study and comments from the Planning Department staff. Within 30 days after completion of the public hearing required in division (d) of this section, the Planning Commission shall, by resolution, recommend to the City Council that the request for planned unit development zoning classification be approved as presented, or approved with supplementary conditions or modifications, or disapproved. The Commission shall then transmit to the City Council all papers constituting the record and the resolution containing the Commission's recommendation. If the Commission recommends approval with supplementary conditions, such conditions shall be fully expressed in the recommendation resolution. Any normally permitted or accessory use that is recommended to be excluded from the specific planned unit development shall be fully identified and expressed in the Commission's resolution and based upon findings in accordance with Sections 1155.11(b), 1155.12(b), 1155.13(b), and 1155.14(b). If the Planning Commission determines, in order to conduct a sufficient review and make its recommendation, that additional information is required from the applicant or additional study is required, the Commission may table consideration of the application until such additional information is received by the Commission or the Commission's study is complete.
(f) Criteria for Planning Commission Recommendation. Before making a recommendation for approval or approval with supplementary conditions or modifications, as per division (e) of this section, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing, and any modifications, amendments or supplementary conditions, satisfy the standards and criteria for planned unit development approval as per division (i) of this section.
(g) City Council Public Hearing and Notice. Within ten days after the receipt of the Planning Commission recommendation and resolution, the Clerk of City Council shall set a date for a City Council public hearing and such hearing, notwithstanding Section 1127.02(c) of this code, shall be held as soon as reasonably possible thereafter. Before holding such public hearing, notice of the hearing shall be given in accordance with Section 1127.02(c) of this code. Notwithstanding Section 1127.02(c) of this code, notice shall also be provided by certified mail at least 15 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be provided to all owners of property within 200 feet from the exterior boundaries of the area proposed for PUD zoning classification. Mailed, newspaper publication and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed development. The failure to deliver the notice as provided in this section shall not invalidate the public hearing or any decision on the application. (See also Section 7.2 of the Charter of the City of Moraine)
(h) Action by City Council. Within 30 days after completion of the public hearing as required in division (g) of this section, the Council shall, by an affirmative vote of at least four of its members, either deny the recommendation of the Planning Commission or introduce and hold the first reading of an ordinance adopting or modifying such recommendation. Following the second reading of the ordinance, a planned unit development zoning classification request shall be either approved, approved with supplementary conditions, or disapproved by at least four members of City Council. In the event the City Council approves the planned unit development, with or without supplementary conditions, the Council shall find, by ordinance, that the facts submitted with the application and presented at the public hearing, and any modifications, amendments or supplementary conditions satisfy the standards and criteria for planned unit development approval as per division (i) of this section. If City Council approves the Planned Unit Development zoning classification, the approval ordinance shall fully set forth any and all supplementary conditions for approval, and all standard district permitted or accessory uses excluded from the specific planned unit development shall be fully expressed in the approval ordinance and based upon findings in accordance with Sections 1155.11(b), 1155.12(b), 1155.12(c) and 1155.13(b). If the City Council determines in order to conduct a sufficient review and make its recommendation that additional information is required from the applicant or additional study is required, the Council may table consideration of the application until such additional information is received by the Council or the Council's study is complete. Any decision rendered by City Council shall be completed within 60 days from the Planning Commission’s recommendation (City Charter Section 7.2)
(i) Standards and Criteria for Planned Unit Development Zoning Approval. A planned unit development zoning classification shall only be approved when the following standards and criteria are satisfied.
(1) The planned unit development complies with the purpose and intent of this Zoning Code;
(2) The proposed development promotes the health, safety and general welfare of the present and future inhabitants of the City;
(3) The proposed zoning and the conditions and requirements incorporated within the ordinance approving the PUD zoning district provide for minimizing impacts on the surrounding development;
(4) The site will be accessible from current or planned public thoroughfares adequate to carry traffic which will be imposed upon them by the proposed development;
(5) Potential impacts on public services and facilities can be mitigated by site and building design and the benefits which will accrue to the City and the public;
(6) Existing and proposed utility services for the proposed residential population densities and nonresidential uses are or will be available to the project;
(7) The proposed development complies with applicable requirements and conditions of Section 1155.04;
(8) Each individual section or sub-area of the development, as well as the total development, can exist as a functionally independent environment. In the alternative and at the discretion of the City, adequate assurance has been provided by the applicant and to the satisfaction of the City that such objective will be achieved;
(10) The planned unit development can be substantially completed within the time specified in the schedule of development submitted by the applicant.
(Ord. 1474-02. Passed 9-26-02.)