(a) Prior to the issuance of a City zoning permit for any PUD project, a Final Planned Unit Development Plan application shall be officially filed and approved in accordance with this Section. The applicant shall submit a Final Development Plan application only after the subject property has been granted Preliminary Plan approval. However, an applicant may elect to submit the specific site Final Planned Unit Development Plan application at the same time as submission of Preliminary Development Plan application. If the applicant elects such option, classification Preliminary planned Unit Development Plan application, as per Section, and a Final Planned Unit Development Plan application, as per Section shall be simultaneously submitted by the applicant and reviewed by the City. All Final Planned Unit Development Plan applications must incorporate a minimum of five acres of land and all areas of the Final Planned Unit Development Plan shall be contiguous. In cases where the total gross area of the PUD is less than five acres, the Final Planned Unit Development Plan shall incorporate 100% of the PUD area.
(b) An application for Final Planned Unit Development Plan may be submitted to the Zoning Administrator at any time following approval of the Preliminary Planned Unit Development Plan and PD zoning of the property. The Site Plan Final Planned Unit Development Plan shall substantially conform to the approved Preliminary PUD plans, concepts, schedules, development information and conditions as approved or as approved with conditions by City Council and as further described in Section 1140.10.
(c) Within five working days after the filing of a Final Planned Unit Development Plan Application by the applicant the Zoning Administrator shall forward the application to representatives of selected City Departments for review and comment, unless the application has not been considered officially filed per Section 1140.02(g).
(d) No later than ten working days after receipt of the initial Plan Final Planned Unit Development application for review and comment the representative of the selected 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.
(e) Upon receipt of the City Staff’s comments and suggestions the applicant may then submit a revised Final Planned Development Plan for review and comment by City Staff. This review process shall continue until the Zoning Administrator decides that the Final Planned Unit Development Plan is ready to be submitted to Planning Commission for public hearing. However, the applicant at any time may request the Final Planned Unit Development Plan be presented to Planning Commission for Commission review and approval regardless of the determination of the Zoning Administrator. A resubmitted application shall be processed in the same manner as the initial application as described above.
(f) Upon the request of the applicant to present the Final Planned Unit Development Plan to Planning Commission, or upon the completion of the review period by City Staff, 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 Final PUD Plan proposal as well as submit any verbal or written comments which they may have.
(g) Following the public hearing Planning Commission may table the Final PUD Plan 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, modify or disapprove the application. If Planning Commission takes action to disapprove the Final PUD Plan Application, Planning Commission shall provide the applicant with comments, recommendations and suggestions regarding the reasons for its action for disapproval.
(h) In any event, the Planning Commission shall act to recommend approving or disapproving or disapprove the application for Final PUD Plan within sixty days after the initial public hearing on the Final PUD Plan. Upon taking action to recommend approval the application the Planning Commission may also establish conditions, restrictions or modifications to the Final PUD Plan.
(i) Upon receipt the recommendation from Planning Commission of an application for Final Planned Unit Development the Clerk of Council shall cause to be scheduled a public hearing before City Council. At the public hearing, the applicant shall present the 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 may shall be given the opportunity to comment on the proposed application, the Planning Commission’s recommendation and any comments or recommendations from City Staff.
(j) Following public comments, 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.
(k) Within forty-five days after completion of the initial presentation, the Council shall, approve or deny the Final PUD Plan. In the event the City Council approves the Final PUD 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 1140.11.
(l) A Final PUD Plan, once approved, shall remain in effect for one (1) year after its approval by City Council. Failure of the applicant or owner of the property to begin actual construction within that period of time shall invalidate the Final PUD Plan approval and no activity shall take place on the property until the previously approved Final PUD Plan has been granted extension or has been resubmitted as if completely new or a new Final PUD Plan has been submitted by the applicant.
(Ord. 12-19. Passed 7-1-19.)