§ 23-224. Planned development project (PDP).

Sec. 23-224.1. Applicability. Planned development project (PDP) approval may be applied for in any zoning district for the purpose of allowing flexibility of site design through waivers of strict compliance with the dimensional and design standards of this chapter.

PDP approval is required for any multi-family development with more than twelve (12) units.

PDP approval is also required for non-residential developments with two (2) or more outparcels, regardless of whether the property is subdivided for separate ownership of outparcels or the outparcels are to be leased.

A PDP requires the approval by the city commission upon recommendation of the planning board.

See article IV, division 4 for design standards for planned development projects.

(Ord. No. 2008-04, § 2, 2-19-08)

Sec. 23-224.2 Application requirements for submittal of planned development project plans. Applications for preliminary planned development project approval shall include information as required in this section. An incomplete application will not be accepted and will be returned to the applicant without review. An executed utility capacity queue agreement, if required per section 23-731, shall be submitted prior to commencement of review for any project.

a. Pre-application conference and conceptual plan review. Prior to the preparation of a preliminary planned development plan, the applicant shall meet with the administrative official and the director of public works to discuss the concept of the proposed development and the requirements of these land development regulations. The pre-application conference and informal review is designed to prevent costly and avoidable revisions in the layout. A pre-application conference is required for all proposed projects, including amendments to approved PDP site plans. A conceptual plan must be presented at the conference to show the property boundaries; existing site conditions, including topography, wetlands, water bodies, and existing vegetation; any existing site improvements; and a generalized plan of the proposed development. Information sufficient to identify natural features of the property shall be provided by the applicant, such as aerial photographs, topographic maps, flood maps, vegetation surveys, and wetlands maps.

b. Preliminary plan application requirements. The number of copies of plans and deadlines for submission of applications shall be as set forth in the procedures manual maintained by the administrative official. Applications for preliminary PDP plans shall include:

1. Application form and fee. An application for preliminary PDP site plan approval shall include a completed application form and the fee as set forth in section 23-242

2. Master plan. For multi-phased projects and for the addition of acreage to an approved PDP for expansion of the development, approval of a PDP master plan is required. The master plan must be approved prior to or in conjunction with the approval of the first phase for any new project. A revised master plan for the entire project is required prior to or in conjunction with approval of a preliminary plan for development of acreage not shown on the original master plan.

A. The master plan is a general plan showing the overall layout, roadways, and phases of the project.

B. The boundaries of the project with dimensions and acreage shall be shown.

C. The boundaries of all existing and proposed phases with dimensions and acreage of phases shall be shown. The names or numbers of all existing and proposed phases.

D. The master plan shall provide information as required in subsection 23-445.1 (a) for residential and mixed use projects or [section] 23.445.2 for non-residential projects.

3. Preliminary plan. The preliminary plan shall show information as required in section 23-222.8 for preliminary site plans. If a subdivision is proposed within the PDP, requirements for a preliminary subdivision plat under section 23-223 shall also apply.

4. Projections of impacts of the development upon roadways, sewer and water, public drainage and recreation facilities shall be submitted with the preliminary plan as required in subsection 23-704.4(c) for concurrency review.

5. A complete list of requested waivers to the provisions of this chapter shall be provided with the application.

(Ord. No. 2007-14, § 1, 6-5-07)

Sec. 23-224.3 Preliminary plan review.

a. Development review committee (DRC) review. Upon finding that the preliminary PDP application is complete, the administrative official shall schedule the application for review by the development review committee (DRC) at its next scheduled meeting.

1. The DRC shall review the plan and provide comments with reference to the purposes and requirements of this chapter, including the standards for PDPs set forth in article IV, div. 4 and concurrency requirements of article VII, div. 1. Recommendations for specific conditions of approval or modifications to the plan may be made by the DRC.

2. Upon completion of the DRC review, the application shall be scheduled for planning board review.

3. The DRC may continue its review to their next meeting with a request for further information or revisions. Within three (3) days of the DRC meeting, the administration official shall inform the applicant in writing of the decision of the development review committee with specific reference to their findings.

If the applicant fails to provide information or revisions to the DRC within three (3) months of the request for such information, the application shall expire and the fee shall be forfeited. Extensions of time may be granted by the DRC upon request by the applicant.

If, following the review of additional information or revisions to the proposal, the DRC requests further information or revisions, the applicant may decide not to comply with the DRC's request and may request that the application be forwarded to the planning board at its next regularly scheduled meeting and the administrative official shall forward the application to the planning board with a report detailing the DRC's review and comments.

b. Planning board review and recommendation. Following completion of the DRC's review of the application, the administrative official shall schedule a public hearing on the application at the next available planning board agenda and shall provide public notice in accordance with section 23-241

1. Staff report to planning board: The administrative official shall prepare a staff report to the planning board in advance of the meeting at which a PDP application is to be heard. The report shall provide an analysis of the proposal and plan with reference to the requirements of this chapter and shall include any comments and suggested conditions from the development review committee.

2. Planning board public hearing: The planning board shall hold a public hearing on the application and shall review the plan in relation to the purposes and requirements of this chapter, with special consideration given to the regulations for planned development projects in article IV, div. 4.

The planning board may request modifications to the plan to improve the site plan in regard to the intent of the land use regulations and may defer action on the application to allow the applicant to submit revisions. The consent of the applicant shall be required for deferral of planning board action more than once.

3. Planning board recommendation: Based upon their review of the information presented by the applicant, the recommendations of the administrative official and the development review committee, and public comments, the planning board shall make a recommendation to the city commission to either approve, approve subject to stated conditions, or deny the application. Where the planning board recommends denial, they shall state specific reasons based upon provisions of the land development regulations. The planning board recommendation shall address the concurrency requirements of article VII, div. 1.

c. City commission review and decision. Following a recommendation by the planning board, the administrative official shall schedule a public hearing on the application to be heard at the next available city commission meeting and shall provide public notice in accordance with section 23-241

1. Staff report to city commission: The administrative official shall forward the planning board recommendation and a staff report, providing an analysis of the proposed PDP plan with regard to the provisions of this chapter, to the City Commission and to the applicant in advance of the meeting at which the application is to be heard.

2. City commission public hearing: The city commission shall hold a public hearing on the application and shall review the plan, planning board recommendation, and staff report.

3. Decision: Based upon their review of the information presented by the applicant, the recommendations of the development review committee, the administrative official and the planning board, and comments received from the public, the city commission shall either approve, approve subject to stated conditions, or deny the application for preliminary PDP plan. Where the city commission denies the application, they shall delineate reasons with reference to the land development regulations.

4. A preliminary planned development project (PDP) plan shall not be approved unless the concurrency requirements of this chapter have been met. (See section 704.4.c.)

5. If changes in the plan are required or agreed during the city commission review, a revised PDP plan showing changes shall be filed with the administrative official prior to application for a site development permit.

(Ord. No. 2007-14, § 1, 6-5-07)

Sec. 23-224.4 Time limit on PDP plan approval. The preliminary PDP plan approval shall be valid for two (2) years, and at the end of the time, the approval shall expire, along with the reservation of capacity in city utilities, unless a complete application for site development permit has been submitted One-year extensions may be granted by the city commission upon the recommendation of the planning board, provided the extension is requested prior to the expiration of the plan approval.

Sec. 23-224.5 Site development permit and completion of site improvements. Following approval of a preliminary PDP plan by the city commission, the administrative official shall notify the applicant that an application for a site development permit may be submitted. The administrative official may require an updated plan reflecting conditions of approval made by the city commission. See section 23-217 for the site development permit requirements.

Sec. 224.6 Final plat or survey. For residential subdivisions, a subdivision plat must be recorded prior to the issuance of building permits for dwelling units. See section 23-223 for subdivision plat requirements.

A final PDP plan may be required by the administrative official to reflect changes made in the plan during the review process or to comply with conditions of approval. For all structures, the survey requirements of section 23-212 must be met prior to the issuance of building permits.

Sec. 224.7 Amendment of approved plan. The process for review and approval of amendments to approved PDP plans depends upon the extent of the changes proposed, as set forth below:

a. Administrative. Amendments meeting the criteria below are reviewed and approved by the administrative official; however, the administrative official may refer the application to the planning board and city commission if there are issues deemed to warrant such review.

Criteria for administrative amendments:

• Changes in layout involve less than twenty (20) percent of the area of the development; and

• Any increase in number of units or non-residential square footage is less than one (1) percent and the change does not cause violation of density or intensity standards; and

• No waivers of development standards are requested requiring planning board or city commission action; and

• No conditions of approval are violated with the exception of those obviated by the proposed amendment.

b. Planning board. Amendments meeting the criteria below are reviewed and approved by the planning board; however, the board may refer the application to the city commission if there are issues deemed to warrant such review.

Criteria for planning board amendments:

• Any waivers requested are those within the powers of the planning board to grant per the site plan review process; and

• Any increase in number of units or non-residential square footage is less than five (5) percent and the change does not cause violation of density or intensity standards; and

• Any changes requested in conditions of approval pertain to matters in the board's purview under the site plan review process (section 23-222) and do not require city commission approval.

c. City commission. Amendments not meeting the criteria for administrative or planning board approval must be reviewed and approved as for a new planned development project. These include amendments that:

• Entail major changes as determined by the administrative official or planning board in terms of the magnitude of the change in regard to affected area, density or intensity of the development, or

• Change the approved housing type (e.g. single-family to multi-family); or

• Significantly change the configuration of lots, buildings, roadways, common areas, parking areas or other major features; or

• Have a significant impact upon the quality of the development with reference to the design guidelines for PDPs in this chapter; or

• Violate conditions of approval; or

• Deviate significantly from representations by the developer pertaining to the character and quality of the development.

(Ord. No. 2008-04, § 3, 2-19-08;Ord. No. 2016-21, § 4, 12-06-16)