This article is intended to permit the creation of planned development districts. These districts are for the purpose of conserving land through more efficient allocation of private lots, multi-family dwelling units, common grounds, nonresidential uses, greater efficiency in providing public and utility services, and securing benefits from new techniques in community development and renewal. Regulations need not be uniform, but may vary in order to promote public health, safety, and morals.

('80 Code, § 152.150) (Ord. 94-14, passed 7-5-94)

   (A)   PD-R Residential Planned Development District. Permitted uses include any principal, accessory, and/or conditional use permitted within the RE-1, R-1, R-2, R-3, and R-4 residential zoning districts developed in a unified manner in accordance with the approved development plan. The Municipal Council may limit uses permitted within such planned developments.

   (B)   PD-O Office Planned Development District.

      (1)   Permitted uses include any principal, accessory, and/or conditional use permitted within the OR-1 and O-2 office zoning districts developed, operated, and maintained within an organized development of associated office activities in accordance with the approved development plan. The Municipal Council may limit uses permitted within such planned developments.

      (2)   Uses permitted in division (A) of this section, subject to the approval of the Municipal Council.

   (C)   PD-B Business Planned Development District.

      (1)   Permitted uses include any principal, accessory, and/or conditional use permitted within the B-1 and B-2 business zoning districts developed, operated, and maintained within an organized development of associated activities in accordance with the approved development plan. The Municipal Council may limit uses permitted within such planned developments.

      (2)   Uses permitted in divisions (A) and (B) of this section, subject to the approval of the Municipal Council.

   (D)   PD-I Industrial Planned Development District.

      (1)   Permitted uses include any principal, accessory, and/or conditional use permitted within the I-1 and I-2 industrial zoning districts developed, operated, and maintained within an organized development of associated activities in accordance with the approved development plan. The Municipal Council may limit uses permitted within such planned developments.

      (2)   Uses permitted in divisions (B) and (C) of this section, subject to the approval of the Municipal Council.

('80 Code, § 152.151) (Ord. 94-14, passed 7-5-94)

   In addition to the provisions of §§ 152.163 through 152.245, the development plan must comply with §§ 152.153 through 152.157.

('80 Code, § 152.152) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   No minimum land area shall be required.

('80 Code, § 152.153) (Ord. 94-14, passed 7-5-94)

   For a PD-R Residential Planned Development District, the relationship between the size of the tract, the floor area of the structures, the open space, the living space, and the recreation space in any given planned development shall be as set forth in §§ 152.260 through 152.261 for the land use intensity (LUI) index number specified by the applicant.

('80 Code, § 152.154) (Ord. 94-14, passed 7-5-94)

   The total ground floor area of all buildings in the PD-O Office Planned Development District, PD-B Business Planned Development District, and PD-I Industrial Planned Development District shall not exceed 60% of the area of the tract. However, underground parking structures, the highest portions of which are not more than 30 inches above the level of the centerline of the nearest adjacent street, shall not be included in computing the area of land covered by buildings.

('80 Code, § 152.155) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   (A)   The physical character of the site shall be suitable for development in the manner proposed, without hazards to persons or property on or off the site from possible flooding, erosion, subsidence, or other dangers, annoyances, or inconveniences.

   (B)   The site shall have direct access to a major street and not generate traffic on minor residential streets and outside the district.

   (C)   Utilities and public facilities shall be developed at no cost to the public.

   (D)   The development shall provide for efficient, safe, convenient, and harmonious grouping of structures, uses, and facilities.

   (E)   There shall be an appropriate relationship of space inside and outside buildings to intended uses and structural features.

   (F)   Provision shall be made at points of ingress, egress, and within the district to insure a free and safe flow of vehicular and pedestrian traffic.

   (G)   Common open space may be required.

   (H)   Off-street parking areas, service areas for loading and unloading vehicles, and areas for storage and collection of trash and garbage shall be properly screened.

('80 Code, § 152.156) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   (A)   PD-R Residential Planned Development District and PD-O Office Planned Development District. Off-street parking and loading spaces shall be required as set forth under §§ 152.225 through 152.237.

   (B)   PD-B Business Planned Development District.

      (1)   Off-street parking shall be provided at the minimum ratio of five and one-half spaces per 1,000 square feet of gross leasable area. In addition, two off-street parking spaces shall be provided for each dwelling or lodging unit.

      (2)   A minimum of 2% of the area devoted to off-street parking shall be maintained in landscaping in such parking areas.

      (3)   Off-street loading space shall be provided with area, location, and design appropriate to the needs of the shopping center and specific uses within it, and no space designated for off-street parking shall be used as off-street loading space.

   (C)   PD-I Industrial Planned Development District.

      (1)   Off-street parking and loading spaces shall be required as set forth under §§ 152.225 through 152.237.

      (2)   Off-street loading space shall be provided with area, location, and design appropriate to the needs of the industrial park and specific uses within it, and no space designated for off-street parking shall be used as off-street loading space.

('80 Code, § 152.157) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   The following procedure shall be followed when applying for a change of zoning district to one of the planned development districts:

   (A)   Submission of application.

      (1)   The owner or lessee of a tract of land may request that the zoning district maps be amended to include such tract in one of the planned development districts. The request shall be made on application forms provided by the village. This amendment shall be processed, noticed, and heard in the manner prescribed in this section.

      (2)   The applicant is encouraged to engage in informal consultations with the staff of the village Planning Commission prior to preparing his plans, it being understood that no statement or representation by a member of the staff shall be binding on the Planning Commission.

   (B)   Submission of development plan. Two copies of the development plan and one 8½ x 11 inch photostat of the development plan shall be submitted with the application and shall include the following in text and map form:

      (1)   The site plan showing the location and arrangement of all proposed structures, the traffic circulation pattern within the development, the areas to be developed for parking, screening, the point of ingress and egress, recreational facilities, and areas to be left in their natural state;

      (2)   The land use intensity, when applicable; the total gross floor area; and the percentage of the development which is to be occupied by structures;

      (3)   When the planned development is to be constructed in stages or units, a schedule for the development of the stages or units shall be submitted;

      (4)   In the case of an office, business, or industrial planned development, a statement showing the exact uses and their location within the planned development;

      (5)   The provisions for common open space or recreational facilities, describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. Copies of the proposed articles of incorporation or by-laws shall be submitted if applicable;

      (6)   Copies of any restrictive covenants that are to be recorded with respect to property included in the planned development, if applicable; and

      (7)   One copy of the preliminary plat, if applicable.

   (C)   Action by the Planning Commission. The Planning Commission shall hold a public hearing on the development plan as provided by § 152.019. The public hearing shall consider all aspects of the development plan including all proposed stages and/or units of development. The Planning Commission may recommend disapproval, approval, or approval with amendments, conditions, or restrictions. The Planning Commission shall prepare and transmit to Council and to the applicant its recommendation and specific findings of fact with respect to the extent to which the development plan complies with the standards set out in § 152.159 and the district for which the change has been requested. Copies of the findings and recommendations of the Planning Commission shall be made available to any other interested person.

   (D)   Action by Council.

      (1)   Council shall hold a public hearing on the development plan as provided by § 152.019. If the application is granted, the area of land involved shall be redesignated as a PD-R Residential Planned Development District, PD-O Office Planned Development District, PD-B Business Planned Development District, or PD-I Industrial Planned Development District by ordinance. The ordinance shall include conditions and/or restrictions to the plan that may be imposed by Council.

      (2)   This approval does not, however, constitute authority for the applicant to proceed with actual physical development of the property. Authority for the applicant to proceed and for the issuance of required zoning certificates shall be dependent on approval of the subdivision plan as set forth in § 152.160 when applicable.

('80 Code, § 152.158) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

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

   (B)   The planned development will not jeopardize public health, safety, and morals.

   (C)   The streets and driveways on the site will be adequate to serve the residents or occupants of the proposed development. Traffic-control signals and signs will be provided without expense to the village when the Municipal Engineer determines that such signals are needed on or off site to prevent traffic hazards or congestion generated by the development.

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

   (E)   The development plan contains such proposed covenants, easements, and other provisions relating to the proposed development standards as reasonably are required for public health, safety, and morals.

   (F)   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 planned development not used for structures, parking and loading areas, or access ways, shall be landscaped or otherwise improved.

('80 Code, § 152.159) (Ord. 94-14, passed 7-5-94)

   No building permit shall be issued for any structure in any portion of a planned development unless and until the final subdivision plat for that portion has been approved by the village Planning Commission and recorded in the public record of Montgomery County. This requirement may be waived by the Planning Commission when it is deemed that a subdivision plat is not required.

('80 Code, § 152.160) (Ord. 94-14, passed 7-5-94)

   (A)   Because of the difficulty in being able to supply precise data at the time of approval of the final development plan, it may be necessary to make certain modifications to the final development plan at a later date. Such modifications shall have the recommendation of the Planning Commission and be approved by Council without additional public hearings. Owners of property within 300 feet of the area in question will be mailed notice of the time at which the Council will review the request for modification. This notice will be mailed at least seven days prior to such review by the Council.

   (B)   Modification to the final development plan shall not deter from the general intent and purpose as originally approved by Council. No modification shall be approved that will increase density or intensity, increase the LUI index number, decrease parking and loading areas, reduce useable open space, or reduce distance between structures and the perimeter property line. Any such modifications shall require the zoning district amendment procedures of § 152.158 to be followed.

   (C)   If a modification is approved, the final development plan will be changed to reflect the modification and notice will be sent to the Building Inspection Department and Zoning Inspector.

('80 Code, § 152.161) (Ord. 94-14, passed 7-5-94)