The following process shall be utilized to consider approval of the Preliminary and Final Development Plans for a Planned Unit Development:
(a) Preliminary Development Plan approval.
(1) Planning Commission action. The following action shall be taken by the Planning Commission on the Preliminary Development Plan within 35 days of receipt of the complete preliminary development plan package:
A. The Planning Commission shall review the preliminary development plan and accompanying documents and may request such review and comment by the Zoning Officer, Municipal Engineer, Municipal Administrator and other agencies, as may be necessary.
B. The Planning Commission shall approve, approve with conditions or deny the Preliminary Development Plan as submitted. The Planning Commission shall have the opportunity to table the hearing to provide time for the applicant to resolve outstanding issues, if necessary.
(2) At a minimum, the Planning Commission consideration for action shall include the following:
A. Whether the plan is consistent with the intent and purpose of this chapter;
B. Whether the plan is consistent with the Concept Plan submitted and approved by the Planning Commission and Council.
C. The relationship, beneficial or adverse, of the proposed development to the adjacent properties and to the neighborhood in which it is proposed to be established; and
D. Whether the overall development shall be adequately serviced by present or planned utilities, roadways, and other public services
(3) Approval by the Planning Commission shall be formed as a recommendation for approval, denial, or approval with modifications and the reasons for such decision.
(b) Final Development Plan approval.
(1) Planning Commission action. The Planning Commission shall review the Final Development Plan and approve, modify and approve, or deny the application for final approval and transmit notice thereof to the applicant within 35 days of receipt of the complete final development plan package.
The Planning Commission shall give the final approval only upon finding that the following requirements are met:
A. The design, size, and use are consistent with the Preliminary Development Plan and with other applicable plans adopted by the Planning Commission or Council.
B. The location, design, size, and uses will be adequately served by existing or planned facilities and services.
C. The location, design, size and uses will result in an attractive, healthful, efficient and stable environment for commerce and/or residential development.
(2) The approval of the Planning Commission shall be documented and entered into the plan for the area and become a permanent part of the Zoning Officer's records.
(3) After approval of the Final Development Plan by the Planning Commission, submission and recording of appropriate subdivision plats with Hamilton County and building construction drawings shall be made. Building and construction permits and certificates of occupancy shall be conditioned upon adherence to the total development plan including landscaping, design considerations, and the construction of necessary public improvements.
(4) Construction must commence in accordance with the approved Final Development Plan within 12 months from Planning Commission approval of the Final Development Plan. If construction has not begun within the 12-month period, the PUD is voided and the zoning reverts back to the previous zoning classification unless good cause can be shown by the applicant and an extension of not more than six months is granted by the Planning Commission.
(Ord. 17-2013, passed 9-24-2013)