(a) Ownership. In order to submit an application for PUD review, the tract or tracts of land included within the proposed PUD 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.
(b) PUD Submission and Review Procedure.
(1) Step 1 - Pre-Application Meeting (Required). An applicant shall be required to have a pre-application meeting with the Director of Community Development, and additional staff, to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1129.02(f).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1129.02 and the provisions of this section.
(3) Step 3 - Preliminary Development Plan and Zoning Map Amendment.
A. The PUD Preliminary Development Plan approval procedure involves a zoning map amendment to rezone the subject property to a PUD with an approved PUD Preliminary Development Plan.
C. In accordance with the zoning map amendment review procedure, the Planning Commission shall hold a public hearing to review the PUD Preliminary 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 1109.04. The Planning Commission may, in its recommendation to City Council, require that the PUD Final Development Plan be submitted in stages upon evidence assuring completion of the entire development in accordance with the PUD Preliminary Development Plan and phased development schedule.
D. In accordance with the zoning map amendment review procedure, City Council shall hold a public hearing on the PUD Preliminary Development Plan and PUD zoning map amendment and decide to approve, approve with modifications, or deny the recommendation of the Planning Commission using the criteria contained in Section 1109.04, of this chapter.
i. If City Council moves to adopt the recommendation of Planning Commission, such action shall only require concurring vote of four members of City Council.
ii. If City Council moves to adopt the recommendation of Planning Commission with modification, or deny the recommendation, such action shall require a favorable vote of six members of City Council.
E. In making its recommendations or decisions, the Planning Commission and/or City Council may impose such conditions of approval as are in its judgment necessary to insure conformity to the applicable criteria and standards of this zoning code and to the Comprehensive Plan. In so doing, the Planning Commission and/or City Council may permit the applicant to revise the plan and resubmit it as a PUD Preliminary Development Plan within sixty (60) days of such action.
(4) Step 4 - PUD Final Development Plan Review.
A. Within one year after the approval of the PUD Preliminary Development Plan, the applicant shall file a PUD Final Development Plan for the entire development, or when submitting in stages, as authorized by the Planning Commission during the PUD Preliminary Development Plan review, for the first phase of the development.
B. If more than one year passes from the date of approval of the PUD Preliminary Development Plan and the PUD Final Development Plan has not been submitted for approval, or a request for an extension not to exceed one year has been filed with the Planning Commission, then the PUD Preliminary Development Plan shall be deemed expired and the applicant must resubmit such plan.
C. In no case shall a PUD Preliminary Development Plan be valid for more than two years, including an approved extension.
D. After the PUD Preliminary Development Plan has expired, the PUD zoning designation shall remain in place, but no development shall be authorized unless the property owner, or authorized agent, submits a new PUD Preliminary Development Plan for review pursuant to this chapter, or submits an application for a zoning map amendment to another zoning district.
E. Once an applicant submits a PUD Final Development Plan for review, upon determination by the Director of Community Development that the PUD Final Development Plan submissions are complete, such plans shall be submitted to the Planning Commission for review at its next regularly scheduled meeting, or at a special meeting. The Planning Commission will review the PUD Final Development Plan to determine whether it conforms in all substantial respects to the previously approved PUD Preliminary Development Plan and to all other applicable standards of this code.
F. Preliminary subdivision plat approval may occur concurrently with the PUD Final Development Plan approval if permitted by the Director of Community Development. If submitting plats for subdivision review simultaneously with the PUD Final Development Plan, the plats shall be subject to all applicable subdivision standards and requirements including the applicable review process.
G. The Planning Commission shall hold a public meeting on the PUD Final Development Plan and decide to approve, approve with modifications, or deny the application using the criteria contained in Section 1109.04 of this chapter.
H. In its decision, the Planning Commission may impose such conditions of approval as are in its judgment necessary to insure conformity to the applicable criteria and standards of this code and with the Comprehensive Plan. In so doing, the Planning Commission may permit the applicant to revise the plan and resubmit it as a PUD Final Development Plan within sixty (60) days of such action. Such conditions shall be made a part of the terms under which the development is approved. Any violation of such conditions shall be deemed a violation of this chapter and no certificate of zoning approval will be issued.
(5) Step 5 - Certificate of Zoning Approval Issuance. Certificates of zoning approval shall not be issued until the lot or applicable subdivision has been fully recorded in the office of the Hamilton or Butler County Recorder's Office, as applicable, and public improvements have been installed in accordance with the applicable subdivision regulations.
(c) Time Limit.
(1) Any PUD Final Development Plan shall be valid for a period of two (2) years after the date of approval by the Planning Commission. If no development has begun (development being defined as the start of construction of the required public/private improvements as shown on the approved PUD Final Development Plan for one or more phases of the project) within two years from the date of approval, such approval shall lapse and be of no force and effect.
(2) Two (2) one-year extensions of the time limit set forth in section 1109.03(c)(1), above, may be granted by the Planning Commission if such extension is not in conflict with the most current comprehensive land use plan and if such extension is in the best interests of the entire community. The developer/owner shall apply for an extension and shall state the reason for the extension.
(3) If an approved PUD Final Development Plan lapses as provided in this section, the originally approved PUD Preliminary Development Plan shall also be considered void. Notice of such lapse shall be filed by the Planning Commission and forwarded to the City Council.
(4) Voiding of the PUD preliminary and Final Development Plans shall not rezone the property. After such plans are voided, the Planning Commission, City Council, or property owners may initiate a rezoning to a base zoning district in accordance with Section 1129.03, or the property owner, or their agent, may resubmit a PUD Preliminary Development Plan in accordance with the procedures of this chapter.
(d) Changes to Approved PUDs.
(1) A PUD shall be constructed and completed in accordance with the approved PUD Final Development Plan including all supporting data and conditions. The PUD Final 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 PUD as set forth therein.
(2) Where a property owner on a lot in a PUD seeks a variance from the applicable standards for an individual property that will not apply to any other property in the PUD, the property owner shall request such variance in accordance with Section 1129.11.
(3) Any request to change or otherwise modify the approved PUD Final 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 PUD require the prior approval of the Planning Commission and the City Council in the same process, and with the same hearings, as was used to review of the PUD Preliminary Development Plan. The Director of Community Development 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 PUD 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 (5%) 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 Planning Commission at a public hearing include, but are not limited to, the following:
a) Changes in the site plan 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 PUD; and
b) Amendments to the conditions that were attached to the PUD Preliminary Development Plan or PUD 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 PUD Preliminary Development Plan, and which are essentially technical in nature, as determined by the Director of Community Development.
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 Director of Community Development 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 Director of Community Development shall notify the Planning Commission 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 stage development schedule, the Planning Commission may, after notice and hearing, revoke the approval of the PUD Preliminary Development Plan or Final Development Plan. The Planning Commission shall at the same time recommend whether to maintain the PUD 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 PUD, or a decision by the Planning Commission to revoke the approved plans but retain the PUD zoning.
(3) Where the PUD zoning remains without an approved PUD Preliminary Development Plan or a PUD Final Development Plan, the property owner or agent shall be required to submit a new PUD Preliminary Development Plan in accordance with the review procedures of this chapter.
(f) Recording. The recording of the subdivision related to the PUD approval shall be done in the same manner as outlined in Section 1129.06.
(Ord. 2022-22. Passed 5-10-22.)