§ 158.119  CONSIDERATION OF A PLANNED USE.
   (A)   Procedure. Except as established by this section, the procedures and requirements for filing, review and approval of a planned use and a preliminary site plan shall be as specified in §§ 158.240 through 158.243, 158.255 through 158.257 and 158.270 through 158.282 of this chapter for approval or review of amendments to a zoning district classification or boundary, and additionally all such other requirements as provided in §§ 158.050 through 158.060 of this chapter for application and review of  preliminary site plans.
   (B)   Criteria for approval.
      (1)   The Planning Director and City Council shall use the applicable zoning district regulations and this subchapter as criteria for review of the proposed planned use and preliminary site plan. The City Council may permit modification from the underlying district regulations, but except as so expressly modified, the underlying district regulations shall continue to apply to any approved planned use. Use regulations, however, shall not be modified so as to allow uses not otherwise permitted by this chapter in the underlying zoning district governing the property, or underlying regulations of the applicant’s proposed rezoning. If the City Council imposes conditions or restrictions on a preliminary site plan, it may designate specific requirements that must be met before an applicant may submit a final site plan application.
      (2)   In considering any planned development and preliminary site plan application, the Planning Commission and the City Council shall give consideration to the additional criteria stated below, to the extent they are pertinent to the particular application:
         (a)   The criteria governing the rezoning of the property and approval of site plans, as set forth in the standards and requirements found elsewhere in the zoning code or in other applicable law;
         (b)   The physical design of the proposed plan and the manner in which said design makes adequate provisions for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space and park dedication, and furthers the amenities of light, air, recreation and visual enjoyment;
         (c)   The relationship and compatibility of the proposed plan to adjacent properties and the surrounding neighborhood;
         (d)   The conformity with the standards and principles of the Comprehensive Plan and all other adopted regulations, including the Commercial Design Handbook, dated 7-6-2009, and on file with the City Clerk;
         (e)   The use(s) are designed, located and proposed to be operated so that the public health, safety and welfare will be protected;
         (f)   An identified community need exists for the proposed use;
         (g)   The proposed use(s) will not impede the normal and orderly development and improvement of the surrounding property, nor impair the use, enjoyment or value of neighboring properties;
         (h)   The degree of harmony between the architectural quality of the proposed building and the surrounding neighborhood; and
         (i)   The appropriateness of the minimum dimensions and areas of lots and yards set forth in the applicable zoning district regulations.
   (C)   Planned use approval; conditions. A planned use shall be approved only by ordinance pursuant to the procedures for rezoning set forth in §§ 158.240 through 158.243, 158.255 through 158.257 and 158.270 through 158.282 of this chapter, setting for the specific the requirements of the approval. The approving ordinance shall approve a preliminary site plan, subject to any changes or conditions required by the City Council and may specifically set forth the specific uses, authorized density and/or building coverages, design requirements, public improvements and other conditions or requirements of the approved preliminary development plan. Consistent with the purposes of this subchapter, the city may approve a preliminary development plan subject to conditions as may be necessary to address any impacts of the development on the public, achieve the purposes of this subchapter or as necessary to warrant a requested modification of the underlying zoning district regulations. Such conditions may include, but are not limited to, the following:
      (1)   The type and extent of improvements and landscaping;
      (2)   The methods or types of development practices, improvements and common ground required;
      (3)   Maximum bulk of dwelling unit in relationship to lot size or dimension;
      (4)   Dedication of land, improvements or payment of fees for public open space, civic space, road improvements, schools or for other infrastructure or public facilities impacted by the development;
      (5)   Required provisions for funding of maintenance agreements or trust indentures, including requiring the establishment of an agency for the ownership and maintenance of any common open space, financial guaranty and/or limitation on the sale or use of any common open space;
      (6)   Architectural materials or design guidelines as described in the Commercial Design Handbook, dated 7-6-2009 and on file with the City Clerk;
      (7)   Regulation of permissible uses, mix of uses, hours of operation or other use restrictions; and
      (8)   Regulation of the duration of approvals, uses, site characteristics or non-conformities.
   (D)   Change of underlying zoning. A planned use application may be submitted with an application to change the zoning district category. Any site plan approved for a planned  use, concurrent with such application, shall become part of the ordinance that amends the zoning district category of the property.
   (E)   Modification of zoning map. Any approved planned use and preliminary site plan shall be reflected on the zoning map as an amendment of the District by designation of “(P)” after the district abbreviation of the district in which the plan was approved.
   (F)   Duration of validity. The approval may specify the duration of a planned use's validity, but in no event shall an approved preliminary site plan be valid for a period longer than two years from the date of such approval. The City Council may grant no more than three extensions not exceeding 12 months each upon written request. The approval of a revised preliminary site plan shall not automatically extend the time period during which the planned use is valid. In instances where there is another binding agreement between the city and the development with a longer duration of validity, the provisions of this section will not apply.
(Ord. 3471, passed 8-21-2006; Ord. 3665, passed 5-3-2010; Ord. 3857, passed 1-20-2015)