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Application for PUD rezoning and approval shall be processed as follows:
(A) Pre-application conference. Prior to formal submission of an application for PUD approval, a meeting between the applicant and village staff shall be held to obtain guidance that will assist the applicant in preparation of the application and plan. The village shall charge a fee for the conference to cover administrative costs.
(B) PUD application submittal. The applicant shall prepare and submit a preliminary site plan of the proposed PUD to the village. A narrative report shall accompany the site plan providing a description of the project, discussion of the market concept of the project, and explanation of the manner in which the criteria set forth in the preceding design standards have been met. The preliminary site plan for the PUD shall contain at a minimum the following information:
(1) A completed PUD rezoning application and processing fee as established by Village Council.
(2) The plans and narrative shall provide all information required according to § 152.389, Preliminary Site Plan Application.
(3) The applicant shall also provide a project narrative which indicates the following information:
(a) An explanation of how the project meets the criteria set forth in § 152.232, Eligibility Criteria.
(b) An explanation of why the submitted PUD plan is superior to a plan that could have been prepared under strict adherence to related sections of this subchapter.
(c) A list of anticipated deviations from this chapter which would otherwise be applicable.
(C) Review process.
(1) Review for completeness. The Zoning Administrator shall review the preliminary PUD plan application submittal and determine if all the necessary information has been provided. A complete application must be submitted to the Zoning Administrator at least 15 business days prior to the Planning Commission meeting at which the proposal will first be considered.
(2) Distribution. The Zoning Administrator shall transmit the PUD application submittal and the Village Planner's report to the Planning Commission for review. The Zoning Administrator shall provide notice of the public hearing in accordance with the requirements of § 152.022(C).
(3) Public hearing and Planning Commission action. Upon conclusion of the public hearing, the Planning Commission shall make a recommendation to the Village Council to deny or approve, with or without conditions, the preliminary PUD plan. If no decision or recommendation is made at the advertised hearing, disposition of the case must be set to a date certain at that time, and this date must be clearly stated in the meeting minutes. If no certain date is set and duly noted in the public record, notice of the next meeting at which the case will be considered shall be provided. The Planning Commission shall make a decision or recommendation upon each case within 60 days of the public hearing, unless additional time is granted by the applicant.
(4) Village Council action. A summary of the Planning Commission recommendation and comments submitted at the public hearing shall be transmitted with the preliminary PUD application submittal and the Village Planner's report to the Village Council. The Village Council may hold additional public hearings if it considers it necessary. The Village Council shall make a decision upon each case within 60 days of the Planning Commission's recommendation or refer the proposal back to the Planning Commission for further consideration, unless additional time is granted by the applicant. The Village Council shall take one of the following actions:
(a) Approval. Upon finding that the preliminary PUD plan meets the criteria and standards set forth in § 152.230 et seq., the Village Council shall grant preliminary PUD approval. Approval shall constitute approval of the uses and design concept as shown on the preliminary PUD plan and shall confer upon the applicant the right to proceed through the subsequent PUD plan review phases.
(b) Approval with changes or conditions. The Village Council may recommend conditional approval subject to modifications as performed by the applicant as long as the PUD plan meets the criteria established in § 152.234.
(c) Denial. Upon finding that the preliminary PUD plan does not and cannot meet the criteria and standards set forth in § 152.234, the Village Council shall deny preliminary approval.
(5) Effective period of approval. The PUD plan approval shall remain valid for a period of two years. If a final plan is not submitted during that time frame, the PUD request becomes void. If a final plan is submitted during that time frame and is approved, the rezoning to PUD shall remain in effect until such time as the owner of the property involved requests a change to the zoning. The Village Council may approve extensions to the PUD rezoning of up to one year.
(6) Submittal of final PUD plan to the Planning Commission. If the preliminary PUD plan is approved by the Village Council, the applicant shall submit a final PUD plan for final PUD review and recommendation by the Planning Commission in accordance with § 152.391, Final Site Plan Application. This must be done during the validity period for the rezoning to a PUD as set forth in division (5) above. The Planning Commission shall recommend approval, approval with conditions, or denial of the project. If no action is taken because more information is required from the applicant, the Planning Commission shall table the agenda item to a date certain, which shall be specified in the meeting minutes. The applicant shall submit a revised plan to the Planning Commission addressing its concerns.
(7) Submittal of final PUD plan to Village Council. A summary of the Planning Commission recommendation shall be transmitted with the final PUD Plan submittal and the Village Planner's report to the Village Council. The Village Council shall take one of the following actions:
(a) Approval. Upon finding that the final plan meets the criteria and standards set forth in § 152.234, the Village Council shall grant final approval.
(b) Tabling. Upon finding that the final plan does not meet the criteria and standards set forth in § 152.234 but could meet such criteria if revised, the Village Council may table action until a revised final plan is resubmitted.
(c) Denial. Upon finding that the final plan does not and cannot meet the criteria and standards set forth in § 152.234, the Village Council shall deny final approval.
(8) All actions on the preliminary PUD plan or final PUD plan by the Planning Commission and the Village Council shall state the reasons for approval, conditional approval, postponement or denial within the body of the motion. Approval of the final PUD by the Village Council shall constitute amendment of the official zoning map. The applicant shall then be authorized to proceed with any necessary permits, such as final platting or construction submittals.
(9) Amendments. If the Planning Commission and/or Village Council determines that a proposed use or site plan is not consistent with the approved PUD, the applicant shall be directed to submit a request to amend the PUD following the same procedures outlined above.
(10) Change in ownership. An approve d PUD plan runs with the land, not with the lando wner. If the land is sold or other wise excha nged, the approve d PUD plan shall remai n in effect unless the applicant submi ts a request to amend or terminate the PUD plan.
(Ord. 150, passed 10-12-2020)
(A) Reasonable conditions may be required before the approval of a PUD, to the extent authorized by law, for the purpose of ensuring that existing public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources and energy, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner.
(B) Permit conditions may be drafted in writing specifying conditions of approval and:
(1) Conditions may stipulate that the PUD may only be used for selective land uses, provided that the restraint(s):
(a) Advances, rather than injures, the interests of adjacent landowners;
(b) Is a means of harmonizing private interests in land, thus benefiting the public interest;
(c) Is for the purpose of ensuring that the PUD fulfills the purposes and intent of this subchapter and thus benefits the public interest; and/or
(d) Possesses a reasonable relationship to the promotion of the public health, safety, and welfare.
(2) A change of land use from that which was previously approved will render the PUD null and void or will require application for a revised PUD.
(C) Conditions imposed shall be designed to protect natural resources and the public health, safety, and welfare of individuals in the project and those immediately adjacent, and the community as a whole, and shall be reasonably related to the purposes affected by the PUD and necessary to meet the intent and purpose of this chapter, and related to the objective of ensuring compliance with the standards of this chapter. All conditions imposed shall be made a part of the written record of the approved planned unit development, which shall include a site plan and written PUD permit conditions signed by the village and the applicant.
(D) In the event that conditions set forth herein are not complied with, the Zoning Administrator shall have the right to follow enforcement procedures pursuant to § 152.020 et seq. Additional conditions may be imposed by the Village Council, or the applicant may be required to submit a new PUD application.
(Ord. 150, passed 10-12-2020)
(A) The Zoning Board of Appeals shall have the authority to hear and decide appeal requests by property owners for variances from this chapter. However, the Zoning Board of Appeals shall not have the authority to change conditions or make interpretations to the PUD plan or written agreement.
(B) The Zoning Board of Appeals shall not have authority to grant variances from the approved PUD plan pertaining to uses, perimeter setbacks, perimeter landscaping or setbacks. Such changes shall require an amendment to the PUD plan.
(Ord. 150, passed 10-12-2020)
(A) Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities, and open space and shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable by the Village Council after recommendation from the Planning Commission.
(B) Commencement and completion of construction. Construction shall be commenced within one year following final approval of a PUD and shall proceed in conformance with the schedule set forth by the applicant. If construction has not commenced within such time, any approval of a site plan on the project shall expire and be null and void; however, an extension for a specified period may be granted by the Planning Commission upon good cause shown if such request is made to the Planning Commission prior to the expiration of the initial period. Moreover, in the event that a site plan has expired, the Village Council shall take action to reclassify the property to its previous zoning designation, by adopting an amendment to this chapter, after Planning Commission review and public hearing(s) as required by § 152.235.
(Ord. 150, passed 10-12-2020)
SPECIAL LAND USES
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