(a) Procedure. Before developing a tract of land within the corporate limits of the City as a planned unit development, the owner or developer shall comply with the following Planned Unit Development Review Process consisting of: the Pre-Application Conference, the Preliminary Development Plan, and the Final Development Plan. Upon inquiry, the Zoning Administrator shall give the owner the requirements for the application, City policies, and procedures to follow throughout the PUD process.
(1) Pre-application conference. Prior to the submission of a Preliminary Development Plan, the owner or developer of a Planned Unit Development shall request and participate in a Pre-Application Conference with the Planning Commission and City staff. Prior to the Pre-Application Conference, the owner shall prepare and submit to the City Planning and Zoning staff a sketch plan drawn to scale of the proposed planned development. This sketch plan may then be reviewed by appropriate staff members, including, but not limited to the Public Works Departments, Public Safety Departments, Engineering Department, Planning Department, and Zoning Department for technical review.
The general outline of the proposed Planned Unit Development, as evidenced schematically by the sketch plan, is to be considered at this meeting. Thereafter, the Zoning Administrator shall furnish the applicant with written comments regarding the proposed development including recommendations to inform and assist the applicant prior to the preparation and submission of an application for approval of a Preliminary Development Plan.
Additional Pre-Application Conferences may be held with the mutual consent of the applicant and the Zoning Administrator or other City staff and/or Planning Commission members. lt is intended that the proposal submitted will be in preliminary conceptual form and that following the anticipated review and comments, the developer will proceed with preparing detailed plans for all of the site for submission as a Preliminary Development Plan.
There are not particular requirements for submission of materials, other than the sketch plan at a pre-application conference. However, the more information--sketch plans, site information, adjacent land uses, and proposed density--the developer has, the more feedback he may get from the conference. In addition, the more formalized the nature of the information the City staff has available to them at such a conference, the further both parties can proceed from this stage.
(2) Preliminary Development Plan.
A. Submission. The owner or developer shall submit to the City Zoning and Planning Department, ten (10) copies of a Preliminary Development Plan in the form and content required in Chapters 1161 and 1163. The filing fee established by the Board of Control, Chapter 1161.51, shall accompany the application.
B. Review. City Planning Commission shall review the proposed Preliminary Development Plan at a regular session or at a special session. Applicant is required to attend to answer questions posed by Planning Commission. Planning Commission shall vote on a recommendation to City Council for the approval of the Preliminary Development Plan.
C. Scheduling and Notification of Public Hearing. Upon receipt of the recommendation of a Preliminary Development Plan by Planning Commission to City Council, and receipt of the required filing fee, the City Council Clerk shall give notice of a scheduled legislative public hearing in one or more newspapers of general circulation in the City at least ten days before the date of the hearing and a general description of the planned unit development. The legislative public hearing shall be scheduled not later than at the first regularly scheduled City Council meeting occurring within thirty (30) days after the recommendation by Planning Commission is received by City Council regarding the Preliminary Development Plan.
D. Distribution of Preliminary Development Plan to Council. The Council Clerk shall route one copy of the plan to each member of the City Council prior to their respective consideration and review of the plan.
E. Legislative Public Hearing. City Council shall conduct a legislative public hearing on the Preliminary Development Plan not later than thirty (30) days after the receipt of Planning Commission recommendation of the Preliminary Development Plan.
F. Council Approval or Rejection of a Proposed Preliminary Development Plan. Within thirty (30) days after receipt of the Planning Commission recommendation or within 180 days from the filing date of the Preliminary Development Plan, whichever occurs first, the City Council shall approve or reject the proposed Preliminary Development Plan, or return the proposed Preliminary Development Plan to Planning Commission for reconsideration. Failure of City Council to act within the prescribed time period shall constitute approva1 of the Preliminary Plan.
G. Extension of Time Period by Mutual Consent. Time periods for review by the Planning Commission or City Council may be extended by mutual consent of the owner or developer and the Planning Commission or Council. Any such extension shall stay the running of all subsequent time periods.
H. Extension of Preliminary Development Plans. Approved Preliminary Development Plans or portions thereof on which no Final Development Plan has been submitted for review and approval shall expire and be of no force or effect two (2) years after this approval, except:
1. The filing of a Final Development Plan and necessary supporting documents pursuant to subsection (a)(3) hereof shall extend the life of a remaining valid preliminary development plan for one year; or
2. If the life of a Preliminary Development Plan is extended by action of City Council.
(3) Final Development Plan.
A. Submission. Within two (2) years from the approval of a Preliminary Development Plan or one (1) year from the most recent Council action extending the life of an approved Preliminary Development Plan, the owner or developer shall submit to the City Council Clerk twenty (20) copies of a Final Development Plan, in a form and providing all the information, data, and supporting material required by Section 1161.04
of the Subdivision Code and retaining the design characteristics of the approved Preliminary Development Plan. Some of this process may be waived based on changes made to the preliminary development plan at the discretion of staff, Planning Commission, or a combination thereof.
B. Distribution of Final Development Plan for Review and Comment. The City Clerk shall route one or more copies of the Final Development Plan to City staff members for review and comment. One copy of the Final Development Plan shall be provided to each member of the City Council and Planning Commission prior to their consideration of the plan.
C. Recommendation and Criteria for Recommendation by Planning Commission. Within thirty (30) days from the submission of a Final Development Plan and supporting materials, the Planning Commission shall recommend that the final development plan be approved as presented, approved with supplementary conditions or disapproved. Before making its recommendation, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
1. The proposed development can be initiated within two years of the date of approval.
2. 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; 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.
3. The streets and thoroughfares proposed (where applicable) are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in the amounts as to overload the street network outside the planned unit development.
4. Proposed commercial development can be justified at the locations proposed.
5. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan in accord with the planned unit development and the adopted policy of the Commission and Council.
6. The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development.
7. The planned unit development is in general conformance with the Comprehensive Plan of the City.
8. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
(4) City Council review, referral and approval or disapproval. The City Council shall review the final development plan to determine the extent to which it conforms to the approved Preliminary Plan and approved public improvement plans and specifications and shall further review the supporting material to determine its conformance with the requirements of this Code. If the final development plan substantially conforms to the approved preliminary development plan and public improvement plans and specifications and if the supporting material meets all Code requirements, then the Council shall approve the Fina1 Development Plan by ordinance within thirty (30) days from the date of its review. If the Final Development Plan does not in some way substantially conform with the approved preliminary development plan or if the supporting material does not conform with all Code requirements, then the Council, within thirty (30) days from the date of its review, shall take one of the following actions:
A. By ordinance, approve the Final Development Plan;
B. By ordinance, approve the Final Development Plan, with conditions;
C. By ordinance, disapprove the Final Development Plan;
D. Refer the Final Development Plan to the Planning Commission for reconsideration, at which time and place the Planning Commission shall determine the extent to which the revised final development plan conforms or fails to conform with the standards of this Code. The Planning Commission shall, not later than ninety (90) days after the adjournment of the public meeting, transmit its recommendation on the revised Final Development Plan to the City Council. Within sixty (60) days from the receipt of the Planning Commission's recommendation with respect to the revised final development plan, the City Council shall, by ordinance, approve or disapprove the plan.
(b) Recording. Within seven (7) days from the date of adoption of an ordinance approving the Final Development Plan, or within seven (7) days from the date on which the last event referred to in this Code or characterized in the ordinance as a pre-requisite to recording of the Final Development Plan occurs, whichever is later, the City Clerk shall record a Notice of Approval of the Final Plan together with the legal description of the property subject to the Final Plan in the office of the Recorder of Champaign County, Ohio.
(c) Changes in the Final Development Plan.
(1) Minor changes. Minor changes in the location, setting, height or character of the buildings and structures may be authorized by the Zoning Administrator, if required by engineering or other circumstances not foreseen at the time of adoption of the ordinance approving the Final Development Plan.
(2) No change authorized by this subsection may cause any of the following:
A. A change in the use or character of the development;
B. An increase in overall coverage of structures;
C. An increase in the intensity of use of over ten (10%) percent;
D. An increase in any dimension of a building or structure by more than five percent (5%) in any direction;
E. A reduction in approved open space of five percent (5%) or more;
F. A reduction in off-street parking and loading space of five percent (5%) or more; or
G. A reduction in required pavement widths of five (5%) percent or more.
(3) Non-minor changes. Decisions concerning approval or disapproval or modifications of proposed non-minor changes in a Final Development Plan shall be by the City Council after conducting an additional legislative public hearing and submitted recommendation from the Planning Commission on such proposed change.
(d) Revocation of Approved Planned Unit Development.
(1) The City Council may consider an approved final planned unit development plan subject to revocation if construction falls more than two (2) years behind the schedule filed with the final development plan or if development exceeds five (5) years, unless otherwise mutually agreed upon expiration date.
(2) The owner of property in a planned unit development plan or the owner of any portion thereof may petition for revocation of such planned unit development plan in whole or in part.
(3) Upon initiation by City Council or the owner of property in an approved planned unit development requesting vacation of such planned unit development in whole or in part, Council shall refer such item to the Planning Commission for a recommendation and shall set a public hearing. Notice of such hearing shall be provided by the Clerk of Council in the manner set forth for legislative public hearings by the City Council. Additionally, the Clerk of Council shall provide personal notice to all persons having an ownership interest in such planned unit development. Such personal notice shall be provided based on ownership recorded with the Recorder of Deeds of Champaign County. Personal notice shall be by regular U.S. mail or personal delivery at least ten (10) days prior to the public hearing on revocation.
(4) The Planning Commission shall conduct a public meeting and make a recommendation to the City Council regarding revocation of the planned unit development.
(5) Upon receipt of the Planning Commission recommendation, the City Council shall take up and consider the petition to revoke in whole or in part the subject planned unit development. The City Council may approve, deny, in whole or in part, revocation of the subject planned unit development. The City Council may impose reasonable conditions on such revocation in order to advance the health, safety, and welfare of the citizens.
(6) In the event City Council revokes an approved planned unit development plan, in whole or in part, then the City Clerk shall file a notice of such revocation with the Champaign County Recorder.
(7) Revocation of an approved planned unit development plan shall preclude any additional construction pursuant to such revoked plan, except construction determined necessary by the City to wind up the development and put the same in a safe and sanitary condition. Any security posted to guarantee installation of required public improvements shall continue in effect until all approved public improvements are completed, all wind up construction is completed, and all claims against such security are resolved.
(8) Upon revocation of an approved planned unit development plan, the property for which such plan is revoked shall retain its zoning district classification absent such plan.
(Ord. 4243. Passed 6-12-07.)