(a) Zoning and Approval of Preliminary Development Plan. The zoning to this Planned Development District and the concurrent approval of a Preliminary Development Plan shall be in accordance with the following procedures:
(1) The Planning Commission and the Council shall consider a Preliminary Development Plan and request to rezone the land to the Planned Development District according to the procedures in the Village Zoning Regulations as supplemented by the requirements of this chapter.
(2) Review for completeness. Within five (5) business days of receiving the application, the Administrative Officer shall review the application to determine that the application has satisfied the submission requirements of Section 1159.12(a). If the application is deemed complete and the application fee paid, the Administrative Officer shall officially accept the application on that date. If the application is deemed incomplete, it shall be returned to the applicant with the deficiencies noted. The application shall not be further processed until the deficiencies have been corrected.
(3) Review of Preliminary Development Plan by others. The Village Administrative Officer may refer the application to other Village or County officials, and/or other private consultants for their review and comment. Comments pursuant to the referrals in this section shall be returned to the Planning Commission within 30 days or less unless such time has been extended by the Planning Commission.
(4) Review and approval by Village. The Planning Commission shall review the Preliminary Development Plan and the proposed rezoning application according to the procedures and public hearing requirements for zoning amendments. During its review of the Preliminary Development Plan, the Planning Commission may refer the plan for review by other Village officials and other private consultants that may not have been included in the referrals pursuant to subsection (a)(3) above. The Planning Commission shall recommend to the Village Council:
A. Approval of the requested zoning amendment and the Preliminary Development Plan and such plan may be approved with reasonable conditions that were not necessarily included in the plan submitted by the applicant; or
B. Denial of the requested rezoning and the Preliminary Development Plan.
(5) Review and approval by Village Council. The Village Council shall review the rezoning amendment and the Preliminary Development Plan and the findings of the Planning Commission according to the procedures for zoning amendments. Action by the Village Council to approve the rezoning must also include approval of the Preliminary Development Plan. If a Preliminary Development Plan is not approved, the proposed zoning amendment has been nullified.
(6) Effect of approved Preliminary Development Plan. An approved Preliminary Development Plan for the proposed development is a binding commitment that has specified elements that have been approved for development within the Planning Development District. Within the Planned Development District, any changes in an approved plan shall be resubmitted for approval in accordance with the procedures in subsection (b) below.
(b) Amendments to Preliminary Development Plan.
(1) An approved Preliminary Development Plan may be administratively amended by the Village when such proposed revisions:
A. Are consistent with the permitted uses (Schedule A) and the development standards (Schedule C) for each sub-district; and
B. Do not expand the boundaries of the Residential High-Density, Office, Business Hub, or Leisure Sports sub-districts by more than ten percent (10%).
(2) Consideration of a revised Development Plan by the Village shall be subject to the following procedures:
A. The amended Plan shall be reviewed by Planning Commission, which shall recommend to Council that the amended plan be approved, approved with conditions, or denied.
B. Prior to becoming effective, the amended Planned Development District shall also be approved by a majority vote of the Village Council.
Any approved amendment/s shall be the binding development rights and restrictions for the Planned Development District and shall replace the previously approved Preliminary Development Plan.
(c) Final Development Plan. A Final Development Plan shall be submitted and approved for any portion of a Planned Development District, prior to the issuance of a zoning certificate, according to the following procedures:
(1) Review for completeness. Within five (5) business days of receiving the application, the Administrative Officer shall review the application to determine that it has satisfied the submission requirements of Section 1159.11
(b). If the application is deemed complete and the application fee paid, the Administrative Officer shall officially accept the application on that date. If the application is deemed incomplete, it shall be returned to the applicant with the deficiencies noted. The application shall not be further processed until the deficiencies have been corrected.
(2) Review of Final Development Plan by others. The Village Administrative Officer may refer the application to other Village and/or County officials, and/or other private consultants for their review and comment. Comments pursuant to the referrals in this section shall be returned to the Planning Commission within 30 days or less unless such time has been extended by the Planning Commission.
(3) Review and approval by Village. The Planning Commission shall review the Final Development Plan according to the criteria set forth in Section 1159.11
and shall either recommend to the Village Council:
A. Approval of the Final Development Plan;
B. Approval of the Final Development Plan subject to specific conditions not included in the plan as submitted; or
C. Table the Final Development Plan for the next scheduled meeting. If the Final Development Plan is tabled, the Planning Commission shall convey to the applicant the reasons the Plan has been tabled and provide specific yet reasonable revisions that would result in an acceptable Plan.
(4) Review and approval by Village Council. The Village Council shall review the Final Development Plan and the findings of the Planning Commission and approve the Plan by a majority vote.
(5) Effect of approved Final Development Plan. An approved Final Development Plan shall become for the proposed development a binding commitment of the specific elements for the development. The approved Development Plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. A request for such a transfer or change of ownership shall be presented to the Administrative Officer and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original Development Plan. All construction and development under any building permit shall be in accordance with the approved plan. Any departure from such plan shall be cause for revocation of the Zoning Certificate. Any changes in an approved plan shall be resubmitted for approval in accordance with this chapter.
(6) Expiration of Final Development Plan. An approved Final Development Plan shall remain valid for a period of twelve months following the date of its approval or as otherwise specifically approved by the Village. If, at the end of that time, construction of the development has not begun, then approval of such Final Development Plan shall expire and shall be of no effect unless resubmitted and reapproved in accordance with the procedures set forth in this chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.
(Ord. 1192. Passed 5-9-05.)