The following procedures shall be followed in the establishment of any planned unit development:
(A) Pre-application conference. Prior to filing a formal application for a planned unit development, the applicant shall meet with the Zoning Administrator and/or other city officials in order to review the general character of the proposed development, i.e., its scope, nature and location. At this time, the applicant shall be advised of the PUD review procedures and the various information, studies, etc., which may be required as part of the review process.
(B) Preliminary PUD application. An application for rezoning to PUD shall be submitted to the Zoning Administrator on a form for that purpose, along with an application fee in accordance with the schedule of fees established by the City Council. In addition, the application shall include the following:
(1) Parallel plan. Residential density shall be determined through the preparation of a conventional development plan illustrating how the site could be developed in accordance with the basic requirements specified in Table 155.063. A concept layout shall be prepared to scale showing, as applicable, single- family and two-family lots, townhome and multiple family buildings, parking, setbacks and street rights-of-way. The number of units that could be accommodated under the requirements of Table 155.063 shall serve as maximum number permitted, unless a density bonus is approved in accordance with § 155.063(E). Live/work units located above main floor businesses shall not be counted toward the maximum number of dwellings.
(2) Preliminary development plan. A preliminary development plan containing the following information shall be submitted:
(a) General location map;
(b) Legal description of the subject property;
(c) Title block, date, north arrow, scale, name and contact information of applicant and name and contact information of plan preparer;
(d) Current topographical map clearly showing existing topographic conditions, including contour intervals of no more than two feet based on field survey or photogrammetric methods;
(e) Property boundary survey;
(f) Location of existing natural features including woods, streams, ponds, wetlands and steep (15% or greater) slopes;
(g) Existing land uses within the development site and surrounding areas for a distance of 300 feet, including the approximate location of all buildings, structures, lots and streets (an aerial photo may suffice);
(h) Location and identification of existing and proposed public, semi-public, or community facilities such as schools, parks, trails, churches, public buildings and dedicated open space;
(i) Existing zoning on all abutting properties;
(j) Approximate location of existing and proposed utilities, including a preliminary utility and drainage concept plan;
(k) Uses proposed within the PUD;
(l) Number and type of dwelling units proposed, including the number and type of committed affordable units, if any;
(m) Conceptual layout;
(n) General location of proposed interior streets and access points to abutting streets;
(o) Number and general location of off-street parking facilities; and
(p) Perspective drawings or photographs of representative building types, indicating the proposed architectural style and appearance.
(3) Summary of intent. A written statement containing the following information shall be submitted with the preliminary development plan:
(a) Statement of how the proposed PUD meets each of the qualifying conditions of § 155.062;
(b) Statement of the present ownership of all land within the proposed development;
(c) Explanation of the character of the proposed development including a summary of acres or square footage by type of use, number and type of dwelling units, gross density calculation for dwelling units, and minimum standards for floor area, lot size, and setbacks;
(d) Verification that the subject site is not located within an existing flood plain;
(e) A complete description of any requested variations from the applicable spatial or other requirements applying to the property, in accordance with § 155.063(D);
(f) General statement of the proposed development schedule and progression of each phase or stage; and
(g) Intended agreements, provisions, and covenants to govern the use of the development, building materials or architectural styles and any common or open space areas, including the provisions which will organize, regulate and sustain a property or home owners association, if applicable.
(C) Preliminary PUD plan and rezonnng.
(1) Planning Commission review. Upon receipt of the PUD application and related materials, the Planning Commission shall conduct a work session with the applicant to review the development concept and determine the need for additional information and referral to the Architectural Review Board prior to conducting a public hearing.
(2) Additional information. If required by the Planning Commission, the applicant shall submit additional information and/or studies to support the request such as, but not limited to: impact assessment, traffic analysis, storm water study, market feasibility study.
(3) Public hearing. Upon completion of its initial review and following receipt of any additional materials, the Planning Commission shall conduct a public hearing, notice of which shall be in accordance with the requirements of § 155.183(B).
(4) Recommendation. Following the public hearing, the Planning Commission shall review the PUD request and the preliminary development plan, based on conformance with the standards of § 155.066 and shall make a recommendation to the City Council to approve, disapprove, or approve with modifications the request for PUD zoning and the preliminary development plan.
(5) City Council action. Upon receipt of the Planning Commission recommendation, the City Council shall review the preliminary development plan, the record of the Planning Commission proceedings, the standards of § 155.066 and the recommendation of the Planning Commission and shall approve, disapprove, or approve with modifications the preliminary development plan and rezoning request.
(6) Zoning map. If the PUD zoning is approved, the Zoning Administrator shall cause the zoning map to be changed to indicate the planned unit development. If the preliminary development plan is approved with modifications, the applicant shall file with the Zoning Administrator written notice of consent to the modifications and a properly revised preliminary development plan prior to the map being changed.
(D) Final development plan. Within 12 months of the City Council's approval of the preliminary development plan and PUD rezoning, the applicant shall submit a final development plan for the entire PUD or one or more phases to the Zoning Administrator, in accordance with the requirements for final site plan review as contained in § 155.135. If determined to be complete by the Zoning Administrator, copies of the plan shall be forwarded to the Planning Commission.
(1) Phased projects. If the PUD is to be developed in phases, the final development plan may be submitted for one or more phases of the overall PUD. A tentative schedule for the completion of each phase and commencement of the next phase shall also be submitted for Planning Commission approval.
(2) Extension of time limit. One extension of the time period for submitting the final development plan may be granted by the City Council for up to an additional 12 months, if a request is submitted by the applicant, in writing, prior to the expiration of the original 12 month approval period. If an application for final development plan approval has not been submitted prior to the expiration of the original 12 months or an approved extension, the preliminary development plan shall be null and void. In addition, the Planning Commission or City Council may initiate a rezoning of the property to another zoning district.
(3) Subdivision plat. For any PUD requiring subdivision plat approval, the subdivision plat shall be submitted simultaneously with the final development plan and reviewed concurrently as part of the PUD.
(4) Review and action. The Planning Commission shall review the final development plan in relation to its conformance with the preliminary development plan and any conditions or modifications attached to the PUD rezoning by the City Council. If it is determined that the final plan does not substantially conform with the preliminary development plan, the review process shall be conducted as a preliminary development plan review, in accordance with § 155.065(B). If the final development plan is consistent with the approved preliminary development plan, the Planning Commission shall review the final plan in accordance with the standards for site plan review, and the PUD standards of § 155.066. The Planning Commission shall prepare a record of its findings and shall approve, disapprove, or approve with modifications the final development plan.
(E) PUD agreement.
(1) Prior to issuance of any building permits or commencement of construction on any portion of the PUD, the applicant shall enter into an agreement with the city, in recordable form, setting forth the applicant's obligations with respect to the PUD.
(2) The agreement shall describe all improvements to be constructed as part of the PUD and shall incorporate, by reference, the final development plan with all required modifications, other documents which comprise the approved PUD, and all conditions attached to the approval by the city.
(3) A phasing plan shall also be submitted, if applicable, describing the intended schedule for start and completion of each phase and the improvements to be undertaken in each phase.
(4) The agreement shall also establish the remedies of the city in the event of default by the applicant in carrying out the PUD, and shall be binding on all successors in interest to the applicant.
(5) All documents shall be executed and recorded in Hamilton County.
(Res. 21-1165, passed 7-20-21)