This chapter provides for a relatively new concept of development control known as planned development. These provisions are provided in recognition of the fact that standard zoning and subdivision controls are appropriate for the regulation of land development within established areas of the City, but that such rigid controls can, in some instances, frustrate imaginative development in certain newly developing or redeveloping areas particularly for medium and large-scale developments. When planned development techniques are deemed appropriate through the rezoning of lands to a Planned Development District by Council, the set of use and dimensional specifications contained within the respective conventional zoning districts are herein replaced by an approval process in which an approved plan becomes the basis for both initial and continuing land use control. These planned developments, which modify the traditional forms of zoning, permit a developer to secure advantages which can be passed on to the general public by virtue of more desirable and more economical development. These provisions provide a controlled degree of flexibility in the placement of structures, lot sizes and types of uses while maintaining adequate planning and development standards. An important advantage of such provisions is that through increased design flexibility, the potentials of the site can be utilized more efficiently and sensitively.

(Ord. 2712. Passed 8-1-78.)

   Types of planned developments include PR (Planned Residential Development District), PMH (Planned Manufactured and Mobile Home Residential District), PO (Planned Office District), PC (Planned Commercial District), PI (Planned Industrial District), and SDD (Special Development District). Use groupings within each district shall be governed by the requirements specified for each respective district described within Chapters 1275 and 1278 through 1286.

(Ord. 2712. Passed 8-1-78; Ord. 6831. Passed 1-21-20.)

   (a)   Reference should be made to Chapters 1275 and 1278 through 1286 for specific standards for respective Planned Development Districts.

   (b)   A requested change to a Planned Development District or Special Development District shall only be approved when City authorities make specific findings of fact directly based upon respective evidence presented by the applicant supporting conclusions that:

      (1)   The proposed planned development meets the intent of any applicable land use plan and/or comprehensive plan of the City of Miamisburg.

      (2)   The proposed planned development will not jeopardize the public health, safety and welfare.

      (3)   The development will not impose undue burden on public services and facilities, such as fire and police protection.

      (4)   The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development, and the streets and driveways on the site of the proposed development will be adequate to serve the residents or occupants of the proposed development.

      (5)   The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a planned development not used for structures, parking and loading areas, or accessways, shall be landscaped or otherwise improved.

      (6)   The development promotes a harmonious relationship between land uses within the site and a harmonious relationship with surrounding development, utilizing adequate buffers where necessary.

      (7)   The proposed development provides a high quality and more useful design of landscaping and open space and amenities than would normally be required under the strict application of existing zoning and subdivision requirements.

      (8)   The proposed development provides a high quality of building materials, architectural details, building orientation, off-street parking designs, and other site features than would normally be required under the strict application of existing zoning and subdivision requirements.

      (9)   Natural features such as watercourses, tree stands, wetlands, and rock outcrops will be preserved, to the degree possible, so that they can be incorporated into the layout to enhance the overall design of the planned development.

      (10)   The layout must be designed to take advantage of the existing land contours in order to provide satisfactory road gradients and suitable building lots and to facilitate the provision of proposed services.

      (11)   The development plan contains such proposed covenants, easements and other provisions relating to the proposed development standards as may reasonably be required for the public health, safety and welfare.

      (12)   The planned development can be substantially completed within the period of time specified in the schedule of development submitted by the developer.

(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20; Ord. 6869. Passed 2-16-21.)

   (a)   Planned Development Districts may be initiated as follows:

   (1)   Through submission of an application for change by a private party in conformity with the requirements of this chapter.

   (2)   As provided for in Chapter 1238 by action of the Planning Commission and/or Council, but only when substantiated by one or more of the following criteria:

   A.   The proposed site is characterized by unique physical features such as relatively rugged topography, areas of heavy tree cover, rock outcropping or streams, etc.;

   B.   The proposed site is one of significant locational and/or historic import, such as within or adjacent to the Community Civic Center, the Miamisburg Mound area, etc.;

   C.   The project is of such size and/or potential impact upon its surroundings that additional controls are believed necessary.

   (b)   Planned Development District proposals initiated by the Planning Commission or Council shall be subject to provisions for amendment as specified in Sections 1238.02(a) and (b), 1238.03(a) and 1238.04 through 1238.11. Any rezoning action taken pursuant to this section shall not constitute a waiver of Sections 1276.06 or 1276.07, which provide for the submission and approval of a detailed development plan.

(Ord. 2712. Passed 8-1-78.)

   (a)   Preapplication Conference. Prior to filing a formal application for approval of a planned development, the developer is encouraged to request a preapplication conference with the Miamisburg Development Department Staff. It should be understood that no statement or representation of a member of the Staff shall be binding upon the Planning Commission or upon any City governing body. The purpose of such conference is to allow the developer to present a general concept of his or her proposed development prior to the preparation of detailed plans. For this purpose the presentation shall include, but not be limited to, the following:

   (1)   A written letter of intent from the developer establishing his or her intentions as to development of the land.

   (2)   A topographic survey and location map.

   (3)   Sketch plans and ideas regarding land use, dwelling type and density, street and lot arrangement, and tentative sizes.

   (4)   Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements.

   (b)   Preliminary Plan. The preliminary plan of the planned development shall be filed with the Miamisburg Development Department, which shall in turn forward copies to the Planning Commission for consideration. The required procedure for consideration and approval of the preliminary plan shall be:

   (1)   Written application for approval of a planned development shall be made on forms and in the manner prescribed by the City. The application shall include informational items as listed in Section 1276.06 and should be accompanied by a fee consistent with Section 1232.11.

   (2)   The Planning Commission shall study materials received and confer with other agencies of government as appropriate in the case to determine general acceptability of the proposal as submitted. In the course of such preliminary consideration, the Planning Commission may request and the applicant shall supply additional material needed to make specific determinations.

   (3)   Following such study, the Planning Commission or its Staff shall hold a conference or conferences with the applicant to discuss desirable changes in the first or succeeding drafts of the preliminary development plan and report. Recommendations of the Planning Commission to the applicant shall be in writing.

   (4)   Following any such conference, agreements between the applicant and the Planning Commission as to changes in the preliminary plan and report or other matters to be recorded and acknowledged by the Planning Commission and the applicant shall also be in writing. On items on which no agreement is reached or there is specific disagreement, this fact shall be recorded, and the applicant may place in the record his or her reasons for any disagreement.

   (5)   When the preliminary development plan and report have been approved in principle (as a whole or with reservations specifically indicated) or when the applicant indicates in writing that no further negotiations with the Planning Commission are desired before proceeding, the Planning Commission may schedule the proposed plan for a public hearing or elect to make its recommendations without a public hearing. It shall make its recommendations to Council within thirty days from this point in time. Such recommendations shall indicate approval, approval with specific reservations, or disapproval with reasons. Such recommendations shall be accompanied by:

      A.   The latest draft of the preliminary plan; and

      B.   Informational items submitted by the applicant, including a record of agreements reached as well as any matters on which there was disagreement and respective reasons given by the applicant for any such disagreement.

   (6)   Council shall then schedule a public hearing for the preliminary plan and the respective planned development zone designation after receiving the proposal from the Planning Commission. Within thirty days, Council shall approve the proposal, approve it subject to conditions, or deny the proposal. If approved, the area of land marked shall be redesignated PR (Planned Residential Development District), PMH (Planned Manufactured and Mobile Home Residential District), PO (Planned Office District), PC (Planned Commercial District) or PI (Planned Industrial District) and shall be used only in accordance with the uses and densities shown on the planned development preliminary plan.

   (c)   Final Plan. The planned development final plan shall conform substantially to the preliminary plan as approved and shall be filed within six months after approval of the preliminary plan, including all informational items listed in Section 1276.07. If desired by the developer, it may be submitted in stages, with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed, provided, however, that such portion conforms to all requirements of these regulations.

   The required procedure for approval of a final plan shall be:

   (1)   The final plan and supporting data shall be filed with the Miamisburg Development Department, which in turn shall forward copies to the Planning Commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.

   (2)   After review of the final plan and supporting data, the Planning Commission shall approve or disapprove the plan within thirty days after submittal by the developer. Disapproval of the final plan shall include a clear statement of the reasons therefor.

   (3)   The Planning Commission shall then forward the final plan, together with its recommendations, to Council. Council shall review the recommendations of the Planning Commission at the next regular meeting of Council, and shall approve, approve subject to conditions, or deny, the final application.

   (4)   After approval by motion of Council of the final plan, the final plan including all supporting documentation, shall be presented to the County Recorder for recording.

   No final development plan within the corporate limits of the City shall be so recorded unless it shall have the approval of Council inscribed thereon.

   The purpose of such recording is to designate with particularity the land subdivided into conventional lots as well as the dimension of other lands, not so treated, into common open areas and building areas and to designate each building or structure, as well as the use of the land in general.

   (d)   Building Permits. No building permit shall be issued by the Building Inspector until the final development plan has been approved and duly recorded.

   (e)   Certificates of Occupancy. The Zoning Inspector shall issue no certificate of occupancy until all utilities have been tested and approved by the City in conformance with the final development plan.

   (f)   Effect of Denial of a Planned Development. No application for a planned development, which has been denied wholly or in part by the Planning Commission and Council, shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission and Council.

   (g)   Changes in the Planned Development. A planned development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and supporting data, together with all recorded amendments, shall be binding on the applicants and their successors, grantees and assignees and shall limit and control the use of premises (including the internal use of buildings and structures) and the location of structures in the planned development as set forth therein.

   (1)   Major changes. Changes which alter the concept or intent of the planned development, including increases in the number of units per acre, change in location or amount of nonresidential land use, more than fifteen percent modification in the proportion of housing types, reductions of proposed open space, and significant redesign of roadways, utilities or drainage, may be approved only by submission of a new preliminary plan and supporting data, following the "preliminary approval" steps and subsequent amendment of the final planned development plan.

   (2)   Minor changes. The Zoning Inspector, upon notifying the Planning Commission, may jointly approve minor changes in the planned development which do not change the concept or intent of the development, without going through the "preliminary approval" steps. Minor changes are defined as any change not defined as a major change.

(Ord. 2712. Passed 8-1-78; Ord. 6831. Passed 1-21-20.)

   (a)   Application. An application for preliminary planned unit development shall be filed with the City Planning Department by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in triplicate:

   (1)   The name, address and phone number of the applicant.

   (2)   The name, address and phone number of the registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan.

   (3)   A legal description of the property.

   (4)   A description of the existing use.

   (5)   Existing zoning district(s).

   (b)   Material to be Submitted With Application. The following material and information shall be submitted with the application:

   (1)   Identification of all property owners within the proposed district, evidence of unified control of the entire area of the district, tentative agreement of all owners to proceed with development according to plans, and to bind their successors in title to abide by any final commitments made, and evidence of financial capability to complete the development according to plan or to provide adequate sureties for completion.

   (2)   A map or maps indicating the relation of the proposed district to the surrounding area. As appropriate to the development proposed, such map or maps shall demonstrate access to major streets and show the approximate location and sizes of existing public sewers, water lines and storm drainage systems and other utility systems and installations which will be expected to serve the development. In the case of planned developments to contain housing, the location of schools and nearby commercial facilities shall be indicated.

   (3)   A topographic data map drawn to a scale of 100 feet to one inch by a registered surveyor and/or engineer showing:

      A.   Boundary lines - bearings and distances.

      B.   Easements - location, width and purpose.

      C.   Wooded areas, streams, lakes, marshes and other physical conditions affecting the site.

      D.   Ground elevations on the tract. For land that slopes less than one-half percent, one foot contours shall be shown. For land that slopes more than one-half percent, two foot contours shall be shown.

      E.   If deemed necessary by the City Engineer, subsurface conditions on the tract, including the location and results of tests made to ascertain the conditions of subsurface soil, rock and groundwater, and the existing depth of groundwater.

   (c)   Preliminary Development Plan and Report. A preliminary development plan and report, with maps at a scale of 100 feet or less to the inch, including as appropriate to the kind of planned development proposed, the following information presented in generalized form, shall be submitted:

   (1)   Proposed land uses and the appropriate height, bulk and location of principal structures sufficient to permit an understanding of the style of the development. Proposals containing residential units shall specify the number of housing units by size and type proposed within the initial phase of the proposal or within the overall development if the development is not to be staged.

   (2)   Proposed automotive and pedestrian circulation patterns, including public or private streets by type (major, collector or minor) and width, bicycle paths and pedestrian ways, as well as existing or plotted streets proposed to be vacated.

   (3)   Major off-street parking areas.

   (4)   Proposed parks, playgrounds, school sites, pedestrian parkways and other major open spaces, as well as the general form of organization proposed to own and maintain any common open space.

   (5)   A landscaping plan for the site, including the delineation of all such areas with respective identification of proposed vegetation, screening provisions, both vegetative and/or man-made, and major changes in grading proposed upon the site.

   (6)   The general location of utility installations and easements.

   (7)   If development is to be in stages, an indication as to the order and timing of development, and a demonstration that each stage, when completed, would complement any stage completed earlier and would form a reasonably independent unit even though succeeding stages were delayed.

   (8)   Proposals for expediting provision of public facilities, utilities or services where lacking or unlikely to be available when needed for the planned development, or for providing suitable private facilities, utilities or services. A report shall be provided, if appropriate in a particular development, containing proposals for improvement and continuing maintenance and management of any private streets.

   (9)   The substance of covenants, grants and easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.

(Ord. 2712. Passed 8-1-78.)

   (a)   Contents of Final Development Plans and Reports. Final development plans and reports shall include:

   (1)   A map or maps in the form required by the governing Subdivision Regulations for final plats of subdivisions, with such modifications and additions as required concerning such items as building sites when used as a substitute for lots, common open space not dedicated for public use, and other matters as appropriate to planned developments generally or to the specific planned development. Similar modifications of standards contained in the governing Subdivision Regulations or in other regulations or policies applying generally may be reflected in such maps and reports if the Planning Commission shall find and shall certify, after consultations with other agencies of government as appropriate in the specific case, that the public purposes of such regulations or policies are as well or better served by specific proposals of the formal plan and reports.

   (2)   A general site and land use plan for the planned development as a whole, indicating sub-areas for phased development if any, and showing the location and use of structures and portions of structures in relation to building site lines, building sites reserved for future use and uses for which sites are reserved, automotive and pedestrian circulatory networks, principal parking areas, open space not in building sites and the use for which it is intended, and such other matters as are required to establish a clear pattern of the relationships to exist between structures, uses, circulation and land.

   (b)   Agreements, Contracts, Deed Restrictions and Sureties. Before any building permit may be issued in the planned development, all agreements, contracts and deed restrictions shall be submitted in a form acceptable to the City. The applicant shall guarantee the installation of the public improvements specified in the final development plan through one of the following methods:

   (1)   Filing a performance and labor and material payment bond in the amount of 110 percent of the estimated construction cost as determined by the City.

   (2)   Depositing or placing in escrow a certified check, cash or other acceptable pledge in the amount of 110 percent of the construction cost as approved by the City.

   (c)   Detailed Plans. Before any building permit may be issued in the planned development, detailed plans for individual buildings or groups of buildings shall be submitted to the Planning Commission for approval. Such plans shall be in accord with the final development plan and report as approved by the Planning Commission and shall be in sufficient detail to permit determinations as to compliance with the requirements of this chapter with respect to the particular planned development district and uses involved. The plans shall include:

   (1)   Site plans for the building site or sites, indicating their relationship to adjoining areas.

   (2)   Floor plans of the buildings involved, indicating horizontal dimensions, uses of space and floor areas.

   (3)   Elevations of the buildings involved, indicating height and, if required in determinations for the particular building or use, the location and dimensions of all windows and other glassed areas.

(Ord. 2712. Passed 8-1-78.)

   (a)   A developer, owner, optionee or otherwise, as defined in the Codified Ordinances of the City, shall be required to submit to the Planning Commission of the City, as a part of the compliance with this chapter, all information and documents as required by Section 1105.02 (Preliminary Planning) of the Subdivision Regulations of the City.

   (b)   Subsection (a) hereof shall affect all land owned under option, jointly held, jointly ventured, or held by unity of title, and that is contained in its entirety in a planned development district as defined in this chapter.

(Ord. 3111. Passed 5-5-81.)