(a) The Planning Commission, upon receipt of an application to rezone and develop under the PD Planned Development District, as set forth in Section 1288.03, shall first set a public hearing date for review of the application. The Commission, in making its review, shall adhere to the conditions set forth in this section.
(b) In considering a request to rezone land to a PD District, the Commission shall recommend approval of the request to Council only after it finds that:
(1) The request to rezone is being made with the full intent of developing the land in strict accordance with the requirements of the PD District.
(2) The uses proposed for development in accordance with the submitted site plan are compatible with existing uses on adjacent lands.
(3) The area being requested for rezoning is either fully served by public utilities and services such as but not limited to streets, police, and fire protection, drainage, water, water and sanitary sewer, refuse disposal, and sidewalks; or will be fully served through the extension of such public utilities and services to the site at the time of development.
(4) The preliminary site plan is in compliance with the review criteria set forth in this chapter and this Zoning Code.
(5) The preliminary site plan is consistent with the City's Master Plan.
(6) Each phase of the proposed planned development contains adequate infrastructure, open-space, recreational facilities, landscaping, and any other necessary conditions so that a failure to proceed with subsequent phases of the development will have no adverse impact on the completed phases(s) or surrounding property.
(7) The preliminary site plan meets all the requirements of Section 1298.07 for preliminary site plans.
(8) The plan satisfies the intent of this section with respect to the use of land and principal and accessory use relationships within the site, as well as with uses on adjacent sites.
(9) All existing or proposed streets, roads, utilities and marginal access service drives, as may be required, are correctly located on the site plan.
(10) The plan meets all applicable standards of this Zoning Code and this chapter, relative to building height, bulk, area requirements, dwelling unit density, building setbacks, off-street parking, and preliminary site engineering requirements.
(11) There exists a reasonably harmonious relationship between the placement of buildings on the site and buildings on lands in the surrounding area, and there is functional compatibility between all structures on the site and structures within the surrounding area to ensure proper relationships between:
A. The topography of the adjoining lands as well as that of the site itself, including any significant natural or man-made features;
B. One building and another, whether on-site or on adjacent land, i.e. entrances, service areas and mechanical appurtenances; and
C. Street, road and public utility layouts approved for the area.
(c) Council Review or Preliminary Site Plan.
(1) Upon review of the preliminary site plan by the Planning Commission, the Commission shall forward its findings and recommendations, along with all plans and supporting documents, to Council for its review.
(2) Council shall review the preliminary site plan with regard to the Commission's recommendations and the review requirements and conditions set forth in subsection (b) hereof. Council shall approve the preliminary site plan, provided that all the conditions as set forth in subsection (b) hereof are met.
(3) Once the preliminary site plan has been approved by Council, no development shall take place therein and no use shall be made of any part thereof, until final site approval has been given by Council, and then only in accordance with the approved plan or in accordance with an approved amendment to that plan.
(4) Approval of the preliminary site plan by Council shall give appropriate direction to the applicant to proceed with development of the final site plan.
(d) Final Site Plan. A final site plan shall be prepared and submitted to the Planning Commission for its review and recommendation to Council.
(1) The final site plan shall:
A. Contain all the requirements set forth in Section 1298.07;
B. Include plans and drawings illustrating, in detail, all physical layouts as indicated on the approved preliminary site plan, as well as building elevations of all building walls, including a legend detailing facade materials, landscaping plans and other physical plan details, such as lighting, signs, etc., being proposed. Supporting documentation in the form of building plans and schedules of construction may also be requested.
1. The Commission, in making its review of the building wall elevations and building facade materials, shall, to the best of its ability, be satisfied that there exists a reasonably harmonious relationship between the location of buildings on the site and the surrounding area, and that there is reasonable architectural compatibility between all structures on the site and structures within the surrounding area to ensure proper relationships between:
i. The rooftops of buildings that may be below street levels or that may be seen from windows of higher adjacent buildings;
ii. Landscape plantings, off-street parking areas and service drives on adjacent lands; and
iii. The architecture of the proposed buildings, including overall design and facade material used. Architectural design and facade material should be complimentary to existing or proposed buildings within the site and the surrounding area. It is not intended herein that proper design contrasts in architectural design and in use of facade materials is to be discouraged, only that care shall be taken to ensure that any such contrasts will not be so out of character with existing building design and facade materials as to conflict instead of contrast with other buildings or to create an adverse effect on the stability and value of the surrounding buildings.
(2) Final site plan review. The final site plan, along with all supporting documentation, shall accompany the Planning Commission's recommendation for final review by Council. Council, in reviewing the final site plan, shall find that:
A. The final site plan is in conformity with the preliminary site plan and meets the conditions as set forth in subsection (e) hereof.
B. The dedication of public rights of way or planned public open spaces, where proposed on the site plan or as may be otherwise required, shall have been made.
C. In residential use areas, any prorated open space has been irrevocably dedicated and retained as open space for park, recreation and related uses, and all such lands meet the requirements of the City.
D. Where applicable, marginal access road easements or rights of way have been provided.
(3) Granting approval of final site plan.
A. When Council finds that such conditions are met, it may grant final site plan approval.
B. The granting of final site plan approval shall constitute rezoning of the land contained within the approved final site plan to the PD District. Rezoning under the PD District shall rely upon the plan submitted and all supporting documentation. The plan, therefore, is basic to the rezoning. Adoption by Council of the zoning ordinance amendment, the final approved site plan and all supporting documents shall be made an integral part of the zoning amendment to the PD District, and, for the purposes of recordation, shall be referred to as "Planned Development No. ," which number shall correspond to the number of the amending ordinance, and which shall thereafter be recorded with the County Register of Deeds.
(4) Revisions to approved preliminary or final site plan.
A. Revisions to an approved preliminary or final site plan shall require the re-submittal of plan revisions to the City for an administrative review. The City, in making its review, may require such revisions to be resubmitted to the Planning Commission and Council for review and approval when, in its opinion, such revisions constitute a major or significant change in the previously approved plans, or when it feels such changes may compromise the intent and review standards of the PD District as herein set forth. Significant changes include, by way of example only and not as a limitation, increased dwelling unit size or density, increased nonresidential use areas, loss of substantial amounts of parking or relocation of buildings.
B. The Commission and Council, in making a review of a revised site plan, shall find that any such revisions forwarded to them for review and approval meet all minimum requirements of this chapter, including its general intent.
(5) Approved period.
A. Approval of a preliminary site plan shall be effective for a period of one year from the date of preliminary approval by Council.
B. Approval of a final site plan shall be effective for a period of two years from the date of final approval by Council.
C. If substantial development is not evidenced on the site within two years from the date of final approval by Council, all site plan approvals may be terminated. Thereafter, the Commission may initiate the rezoning of the property from a PD District to a zoning district recommended for the site on the City's Master Plan Map.
D. Revocation may occur for the entire development or a particular phase of development. Thereafter, the Commission may initiate the rezoning of the property from a PD District to a zoning district recommended for the site on the City's Master Plan Map.
E. For purposes of this section, "substantial" means that at least twenty- five percent of the development shall be in place, or well under construction on the site, within two years from the date of final approval by Council.
(Ord. 516. Passed 8-26-92; Ord. 916. Passed 8-18-10; Ord. 945. Passed 4-18-12.)