1140.05 PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN APPROVAL PROCEDURE.
   (a)   An application for a preliminary development plan may be submitted to the Zoning Administrator at any time.
   (b)   Within five working days after the filing of the initial application by the applicant, the Zoning Administrator shall forward the application to representatives of interested City Departments for review and comment. No later than ten working days after receipt of the initial application for review and comment, the representative of the pertinent City Departments shall forward suggestions and comments to the Zoning Administrator. The Zoning Administrator shall then compile all suggestions and comments from Staff members and forward them to the applicant for review.
   (c)   Upon receipt of the City Staff’s comments and suggestions, the applicant may then submit a revised application for review and comment or request the initial application be presented to Planning Commission for their review and approval. A resubmitted application shall be processed in the same manner as the initial application as described above.
   (d)   Upon the completion of the review period described above, or upon the request of the applicant to present the application to Planning Commission, the Zoning Administrator shall schedule a public hearing to be held by the Planning Commission at its next scheduled meeting as permitted by Trotwood City Charter and this Ordinance. This hearing is intended to provide members of the general public with an opportunity to review the Planned Unit Development proposal as well as submit any verbal or written comments which they may have.
   (e)   Following the public hearing Planning Commission may table the application in order to request submission of additional information or documents from the applicant or City Staff. Alternately, Planning Commission may take action to approve or disapprove the application. As part of the action to approve a Planned Unit Development application, Planning Commission shall recommend a Zoning District designation for the PUD consistent with the proposed uses and preliminary plan for the PUD. In addition Planning Commission shall recommend to City Council any conditions, restrictions or prohibitions regarding any of the requested uses within the PUD as well as suggested modifications, conditions and restrictions to the preliminary development plan.
   (f)   Before making a recommendation for approval or approval with supplementary conditions or modifications the Planning Commission shall find that the facts submitted with the application and presented at the public hearing, and any modifications, amendments or supplementary conditions recommended by the Planning Commission, satisfy the standards and criteria for planned unit development approval as per Section 1140.07 of this code.
   (g)   In any event, the Planning Commission shall act to approve or disapprove the application the preliminary development plan within sixty days after the initial public hearing and forward the application with the Planning Commission’s recommendations and comments to City Council.
   (h)   Upon receipt of the recommendation from Planning Commission of an application for Planned Unit Development the Clerk of Council shall cause to be scheduled a public hearing before City Council. At the public hearing before City Council the applicant shall present his/her request and the Zoning Administrator shall present the Planning Commission’s recommendation as well as any comments and recommendations from City Staff. Following the above presentations, members of the public shall be given the opportunity to comment on the proposed application, the Planning Commission’s recommendation and any comments or recommendations from City Staff.
   (i)   Following conclusion of the public hearing, City Council may approve, disapprove, modify and approve or table the application in order to request submission of additional information or documents from the applicant or City Staff.
      
   (j)    Within forty-five days after completion of the public hearing as required in this Section, the Council shall, approve or deny the Planned Unit Development Plan. In the event the City Council approves the Preliminary Planned Unit Development Plan, the Council shall find, by ordinance, that the facts submitted with the applications, and any modifications, amendments or supplementary conditions satisfy the standards and criteria for Planned Development approval per Section 1140.07. If the City Council determines in order to conduct a sufficient review and make its decision that additional information is required from the applicant or additional study is required, the Council may table consideration of the application until such additional information is received by the Council or the Council's study is complete.
   (k)    Preliminary Development Plan. If an application for Site Final Planned Unit Development Plan has not been submitted within two years of the date of the Ordinance approving the Preliminary Development Plan shall be null and void. Approval of a new or resubmitted Preliminary Development Plan shall be required as provided under Sections 1140.04 and 1140.05. (Ord. 12-19. Passed 7-1-19.)