(a) In general. Planned Unit Development Districts may be established by application in accordance with the provisions set forth below. The procedure and conditions for establishing a Planned Unit Development District shall be as set forth in division (b) hereof.
(b) Application procedure. Any application for a planned unit development, for any land use or structure permitted under this Zoning Code, shall be submitted in accordance with the following procedure:
(1) Preapplication meeting. The developer/ landowner shall meet with the Zoning Inspector and the City Planning Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Zoning Code and the criteria and standards herein and to familiarize the developer/landowner with the Comprehensive Plan, the Thoroughfare Plan, the Parks and Transportation Plan and the drainage, sewer and water systems of the city.
(2) Contents of application for approval of preliminary development plan. An application for preliminary planned unit development shall be filed with the Chairperson of the City Planning Commission by at least one owner or lessee of property for which the planned unit development is proposed.
A. At a minimum, the application shall contain the following information filed in triplicate:
1. The name, address and phone number of the applicant;
2. The name, address and phone number of the registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;
3. A legal description of the property;
4. A description of the existing use;
5. The zoning district(s);
6. A vicinity map, at a scale approved by the City Planning Commission, showing property lines, streets, existing and proposed zoning and such other items as the City Planning Commission may require to show the relationship of the planned unit development to the Comprehensive Plan and to existing schools and other community facilities and services;
7. A preliminary development plan, at a scale approved by the City Planning Commission, showing topography at two-foot intervals; the location and type of residential, commercial and industrial land uses; the layout dimensions and names of existing and proposed streets, rights-of-way, utility easements, parks and community spaces; the layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas; and such other characteristics as the City Planning Commission deems necessary;
8. A proposed schedule for the development of the site;
9. Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within five years;
10. A fee as indicated in § 1262.08.
B. The application for preliminary planned unit development shall be accompanied by a written statement by the developer/landowner setting forth the reasons why, in his or her opinion, the planned unit development would be in the public interest and would be consistent with the city's statement of purpose for planned unit developments in § 1290.01.
(3) Public hearing after receipt of preliminary development plan.
A. Within 30 days after receipt of the preliminary development plan, the City Planning Commission shall hold a public hearing.
B. Before holding said public hearing, notice of the hearing shall be given, in one or more newspapers of general circulation in the city, at least 20 days before the date of the hearing. The notice shall set forth the time and place of the public hearing and a general description of the proposed planned unit development.
C. Before holding this public hearing, written notice of the hearing shall be sent by the Chairperson of the City Planning Commission by first-class mail, at least 20 days before the hearing, to all owners of property contiguous to or directly across the street from the area proposed to be included within the Planned Unit Development District. The failure to deliver the notice, as provided in this section, shall not invalidate any such approval. The notice shall contain the same information as required of notices published in newspapers as previously specified.
(4) Approval in principle by City Planning Commission. Within 30 days after the required public hearing, the City Planning Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this Zoning Code, whether the proposed development advances the general welfare of the neighborhood and community, and whether the benefits, combination of various land uses, and the interrelationship with the land uses in the surrounding area, justify the deviation from standard district regulations. The Commission's approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels or engineering feasibility. The City Planning Commission may seek assistance from the Richland County Regional Planning Commission in making its recommendation.
(5) Submission of final development plan. After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the City Planning Commission. The final development plan shall be in general conformity with the preliminary development plan approved in principle. Five copies of the final development plan shall be submitted and may be endorsed by a qualified professional team, which should include an urban planner, a licensed architect, a registered land surveyor, a registered civil engineer and a registered landscape architect.
(6) Contents of application for approval of final development plan. An application for approval of the final development plan shall be filed with the Chairperson of the City Planning Commission by at least one owner or lessee of the property for which the planned unit development is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for the final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within five years from the date of issuance of the approval. At a minimum, the application shall contain the following information:
A. A survey of the proposed development site, showing the dimensions and bearings of the property lines, the area in acres, the topography and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses;
B. All the information required on the preliminary development plan; the location and sizes of lots; the location and proposed density of dwelling units, nonresidential building intensity; and land use considered suitable for adjacent properties;
C. A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulations of the number of acres in the proposed project for various uses; the number of housing units proposed by type of housing; the estimated nonresidential population; the anticipated timing for each unit; and standards for height, open space, building density and public improvements proposed for each unit of the development whenever the application proposes an exception from the standard zoning districts of other ordinances governing development;
D. Engineering feasibility studies and plans, sealed and certified by a registered professional engineer, showing, as necessary, water, sewer and drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements; and the nature and extent of earthwork required for site preparation and development;
E. The site plan, showing buildings, various functional use areas, circulation and their relationships;
F. Preliminary building plans, including floor plans and exterior elevations;
G. Landscaping plans;
H. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained; and
I. A fee as indicated in § 1262.08.
(7) Public hearing by City Planning Commission after receipt of final development plan. Within 30 days after submission of the final development plan, the City Planning Commission may hold a public hearing. If a second public hearing is held, notice shall be given as previously specified.
(8) Recommendation by City Planning Commission. Within 60 days after receipt of the final development plan, the City Planning Commission shall recommend to the City Council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The City Planning Commission shall then transmit all papers constituting the record and the recommendations to the City Council.
(9) Criteria for recommendations by City Planning Commission. Before making its recommendations as required, the City Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
A. The proposed development can be initiated within five years of the date of approval;
B. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that the objective will be attained, and that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under standard district regulations.
C. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development;
D. Any proposed commercial development can be justified at the location proposed;
E. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the planned unit development and the adopted policy of the City Planning Commission and the City Council;
F. The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development;
G. The planned unit development is in general conformity with the Comprehensive Plan of the city; and
H. 1. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
2. The City Planning Commission may seek assistance from the Richland County Regional Planning Commission in making its recommendations.
(10) Action by City Council. Within 60 days after receipt of the final recommendation of the City Planning Commission, the City Council shall, by ordinance, either approve, approve with supplementary conditions or disapprove the application as presented. If the application is either approved or approved with conditions, the City Council shall direct the Zoning Inspector to issue zoning certificates only in accordance with the approved final development plan and the supplementary conditions, if any.
(Ord. 1-91, passed 3-4-1991)