(a) Ownership. In order to submit an application for PD review, the tract or tracts of land included within the proposed PD shall be in one ownership or control, or shall be subject to a joint application by the owners of all properties included within the proposal. An agent may apply on behalf of an owner if they submit a notarized power of attorney as part of the application.
(b) PD Submission and Review Procedure.
(1) Step 1 - Pre-Application Meeting (Optional). An applicant is encouraged, but not required, to have a pre-application meeting with the ZEO, and additional staff, to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.02(f).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1103.02 and the provisions of this section.
(3) Step 3 - Development Plan and Zoning Map Amendment.
A. A PD District requires a zoning map amendment to the PD District with an accompanying Development Plan.
C. In accordance with the zoning map amendment review procedure, the MPC shall hold a public hearing to review the PD Development Plan and make a recommendation to City Council to approve, approve with modifications, or deny the application. The recommendation shall be made based on review of the application using the criteria contained in Section 1107.04. The MPC may, in its recommendation to City Council, establish a phased development schedule for the future submission of subdivision plats and zoning permits.
D. In making its recommendations or decisions, the MPC and/or City Council may impose such conditions of approval as are in its judgment necessary to ensure conformity to the applicable criteria and standards of this zoning code and to any plans adopted by the City. In so doing, the MPC and/or City Council may permit the applicant to revise the plan and resubmit it as the approved PD Development Plan within sixty (60) days of such action.
E. If approved or approved with modifications, the PD Development Plan shall be considered a binding document and all future development shall comply with the approved plan unless modifications are approved, pursuant to this chapter, or the property is rezoned to another zoning district.
(4) Step 4 - Subdivision Plats and Zoning Permit Approval Issuance. Upon approval, the applicant may move forward with subdivision review, if necessary, or zoning permit applications. Such reviews shall be separate from the PD Development Plan review and shall be subject to the procedures of this code.
(c) Time Limit.
(1) Any PD Development Plan approval shall be valid for a period of two (2) 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 an approved subdivision plat) or start of construction of a building following zoning permit approval. Failure to start construction within two (2) years from the date of approval, such approval shall lapse and be of no force and effect.
(2) Construction of all approved buildings shall be completed within four (4) years of approval. Failure to complete construction within four (4) years from the date of approval, such approval shall lapse and be of no force and effect.
(3) One, one (1)-year extensions of the time limit may be granted by the MPC to extend the start of construction or completion of construction deadlines if the MPC determines that the applicant has moved forward with the development in good faith and such extension are in the best interests of the entire community and just cause is provided. The developer/owner shall apply for an extension and shall state the reason for the extension.
(4) The above time limits may be adjusted based on an alternative schedule or a phased schedule of development if approved by City Council as part of the PD Development Plan approval.
(5) If the approval of the PD Development Plan lapses, such action shall not rezone the property. After such plans are voided, the MPC, City Council, or property owners may initiate a rezoning to a base zoning district in accordance with Section 1103.03, or the property owner, or their agent, may resubmit a PD Development Plan in accordance with the procedures of this chapter.
(d) Changes to Approved PDs.
(1) A PD shall be constructed and completed in accordance with the approved PD Development Plan, including all supporting data and conditions. The PD 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 PD as set forth therein.
(2) Where a property owner on a lot in a PD seeks a variance from the applicable standards for an individual property that will not apply to any other property in the PD, the property owner shall request such variance in accordance with Section 1103.07.
(3) Any request to change or otherwise modify the approved PD Development Plan as it applies to more than one property owner, shall be reviewed based on whether the change is considered major or minor, in accordance with this subsection.
A. Major Change.
i. Major changes to a PD require the prior approval of the MPC and the City Council in the same process, and with the same hearings, as was used to review the PD Development Plan. The ZEO shall have the authority to determine if a proposed change is a major change. Major changes include, but are not limited to:
a) Expansion of the PD project beyond the original tract coverage;
b) Removal or subtraction of land from the original tract coverage; and
c) Proposed changes that will result in an increase in residential dwelling units of more than five percent of the total dwelling units proposed or an aggregate increase of more than ten percent (10%) in nonresidential square footage.
ii. Changes that require the approval of only the MPC at a public hearing include, but are not limited to, the following:
a) Changes in the 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; and
b) Amendments to the conditions that were attached to the PD Preliminary Development Plan or PD Final Development Plan approval.
B. Minor Changes.
i. Minor changes are those proposed by the developer/owner which do not disturb or affect the basic design and approved PD Development Plan, and which are essentially technical in nature, as determined by the ZEO.
ii. Examples of minor changes include, but are not limited to, changes in the intensity of lighting, changes in the size or location of water and sewer lines within approved easements, and changes in the location or number of fire hydrants.
iii. Additionally, the ZEO shall have the authority to approve structural dimensional changes that do not increase density, that do not change building height by more than ten (10) feet, or that do not change building or perimeter setbacks by more than fifteen (15) feet when necessary to accommodate minor shifts in the location of improvements or infrastructure.
iv. The ZEO shall notify the MPC of all such approved minor changes.
(e) Revocation.
(1) In the event of a failure to comply with the approved plan or any prescribed condition of approval, including failure to comply with the phased development schedule, the MPC may, after notice and hearing, revoke the approval of the PD Development Plan. The MPC shall at the same time recommend whether to maintain the PD zoning district or to rezone the properties to another zoning district.
(2) The revocation shall become final thirty (30) days after City Council passes an ordinance to rezone the property to a base zoning district, other than a PD, or a decision by the MPC to revoke the approved plans but retain the PD zoning.
(3) Where the PD zoning remains without an approved PD Development Plan, the property owner or agent shall be required to submit a new PD Development Plan in accordance with the review procedures of this chapter.
(f) Recording. The recording of the subdivision related to the PD approval shall be done in the same manner as outlined in Section 1103.10.
(Ord. 2024-032. Passed 7-22-24.)