(A)   The purpose of the planned development district is:

      (1)   To permit development or redevelopment of land within the city with greater flexibility than permitted in established districts.

      (2)   To promote the efficient use of land.

      (3)   To encourage the most skillful planning in the arrangement of buildings, the preservation of open space, the utilization of topography and other site features.

      (4)   To obtain creative and coordinated designs harmonious and compatible with surrounding land uses.

   (B)   The "PDD" establishes procedures that are supplemental to those applicable in other use districts under which development plans particularly designed to meet these objectives may be prepared.

(Ord. 2003-51, passed 5-20-03)

   The "PDD" shall be applied as an overlay district on top of existing established zoning districts that govern land use, setbacks, site density, and other land use controls. Provisions of the underlying established district shall apply unless altered or superseded by Planning Commission and City Council approval of a "PDD" on a specific parcel or parcels of land. Approval of a "PDD" and its provisions will be based on the proposed developments ability to meet the spirit and intent of the purposes for a "PDD" as stated herein. If the desired land use deviates significantly from the underlying zone, a zone change in both the underlying zone and a "PDD" must be applied for at the same time.

(Ord. 2003-51, passed 5-20-03)

   For an area to be designated as a Planned Development District, it must satisfy one or more of the following conditions:

   (A)   Consist of an area containing one or more adjoining or contiguous parcels of land of not less than three acres.

   (B)   Consist of an area entirely bounded by public improved streets and include all the parcels thus bound.

   (C)   Consist of two or more adjoining or contiguous parcels having, at the time of application for the PDD, different zoning classifications.

(Ord. 2003-51, passed 5-20-03; Ord. 2009-27, passed 4-7-09)

   Each "PDD" shall be a separate zone district with regulations specifically applied to that district with an overlay. Each "PDD" shall be numbered and boundaries drawn on the zoning map. The regulations are adopted by City Council after recommendations by the Planning Commission. The Planning Commission may adopt regulations specific to that development after review of developers plans. Regulations may include, but not necessarily limited to:

   (A)   Land and building uses;

   (B)   Land coverage by buildings, building floor area and building heights;

   (C)   Yard setbacks;

   (D)   Exterior building materials;

   (E)   Signage plans;

   (F)   Number of dwelling units for residential uses and the maximum residential density of the project;

   (G)   Site access;

   (H)   Parking, paving and walkways;

   (I)   Storm drainage controls;

   (J)   Utility services;

   (K)   Site signage and lighting;

   (L)   Landscaping and the preservation of site and natural features; and

   (M)   Fences and walls including heights, materials and locations.

(Ord. 2003-51, passed 5-20-03)

   A "PDD" must meet the following criteria as a minimum for adoption:

   (A)   Proposed property uses shall be compatible with adjacent uses or properly buffered to reduce the impact of the planned development through the use of landscaping, fences or walls.

   (B)   Proposed development will benefit the area and the city through the design and the land uses established.

   (C)   The development will preserve natural features and pubic amenities that are valuable to the area and to the city where practical.

   (D)   The development will be more efficient through its design through the use of common access, more suitable for its users, more cohesive in appearance, and have less impact on the surrounding environment than if the development were done in accordance with the underlying zoning.

   (E)   The development will not increase traffic congestion or storm water drainage to a greater extent than development within the provisions of the underlying zone would.

   (F)   The development will conform to the applicable policies and plans of the city.

   (G)   The development will contain such proposed covenants, easements and other provisions relating to the proposed development standards, as reasonably are required for the public health, safety and welfare.

   (H)   The development shall place all utilities entirely underground.

   (I)   Residential density shall be approved by the city, but in no case shall it be greater than 15% of that of the underlying district.

   (J)   (1)   The common open space within the development shall not be less than 20% of the gross acreage of the "PDD". Common open space shall be protected by recorded covenants and restrictions to assure that such open space will be permanently preserved and maintained.

      (2)   Common open space shall include a parcel or parcels of land or water or combination of land and water, together with improvements within the Planned Development District. Common open space may include accessory structures and improvements necessary or desirable with approval of the Planning Commission. Common open space may be active or passive, but shall be available to all residents and their guests in the neighborhood.

(Ord. 2003-51, passed 5-20-03)

   The City Council may establish a Planned Development District on its own initiative, on the recommendations of Planning Commission or on the application of a property owner. The procedure for this zone change shall be as established in Chapter 1298.

(Ord. 2003-51, passed 5-20-03)

   An applicant considering a "PDD" is encouraged to submit information to the Planning Commission for a conceptual review prior to officially filing for preliminary "PDD" approval as described in § 1274.08. While a conceptual review submittal is not mandatory, it affords the applicant the opportunity to get initial feedback on the Planning Commission’s view of the applicant’s proposal and alternatives that may want to be considered prior to filing a formal "PDD" approval. Submittal requirements for a conceptual review shall include:

   (A)   A conceptual site plan, to scale, depicting:

      (1)   Access from public streets and internal site circulation.

      (2)   Building placement.

      (3)   Parking areas (indicating the number of spaces).

      (4)   Proposed common open space, landscaped and buffered areas.

      (5)   Existing site topography (may use 200 scale Hamilton County topography map).

      (6)   Major drainage areas and existing wooded areas.

      (7)   Other projected amenities.

   (B)   Typical building elevation(s) depicting the size and general character of the proposed building(s).

   (C)   Submittal letter describing the proposed project including:

      (1)   Existing site land use and zoning.

      (2)   Proposed land use and requested zone changes.

      (3)   Other descriptive data to help explain the project.

   (D)   The Planning Commission shall review the concept plan and accompanying documentation and may request such review and comments from other city staff as may be deemed appropriate. The Planning Commission shall respond to the applicant regarding their observations and recommendations for the applicant’s consideration. These comments are not binding on either party, but are intended to serve as a guide for future site planning and development consideration.

(Ord. 2003-51, passed 5-20-03)

   The following procedure and review process shall be used in establishing a "PDD". If initiated by City Council, Council shall request the Planning Commission to draft recommended boundaries and regulations to submit to Council. The Planning Commission shall hold a public hearing before recommending to City Council, and City Council shall hold a public hearing before adopting the specific "PDD".

   (A)   Submittal requirements. An application for a "PDD" designation commenced by a property owner shall be filed with the Planning Commission by the owner or owners or authorized agent of all property included in the development. The application shall accompany 12 copies of the preliminary development plan, including maps, sketches, elevations, and supporting documentation to fully describe the following elements:

      (1)   The general nature, location and objectives of the proposed development.

      (2)   The areas of the project to be used for each land use including residential (number of units, size and density), commercial, office, industrial, or other activities indicating the total square footage of each use.

      (3)   The boundaries of the project including a metes and bounds description of the parcel and the acreage therein.

      (4)   An area map showing adjacent property owners, existing land uses, and zoning within 200 feet of the subject parcel.

      (5)   Existing contours at five feet intervals or less, accompanied by the proposed grading plans.

      (6)   The proposed internal vehicular circulation.

      (7)   Descriptive data concerning the existing and proposed sewer, water, and storm drainage facilities within the project, indicating their size, location, availability and source.

      (8)   Location of all principal and accessory structures, indicating intended heights, coverage and orientation.

      (9)   Location, size, capacity, drainage, and landscaping of the proposed parking lots within the project.

      (10)   A signage plan identifying the sizes and locations of all signage.

      (11)   Pedestrian circulation features, walks, and paved areas within the project.

      (12)   Landscaping and existing vegetation, including planned buffer areas between uses.

      (13)   Common spaces, community facilities, including recreational and other non-building areas designated within the project, indicating areas to be in common ownership.

      (14)   Market and feasibility studies for the proposed principal uses and an indication of the expected service areas.

      (15)   A traffic impact study, if determined necessary by the city.

      (16)   A document describing the proposed phasing program for the project for all dwelling units, commercial or office structures, industrial, recreational and other common facilities, landscaping and other open space improvements.

   (B)   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:

      (1)   The Planning Commission shall review the preliminary development plan and accompanying documents and may request such review and comment by the Building Commissioner, City Engineer, City Planner, other city agencies, and/or private consultants as may be necessary.

      (2)   (a)   The Planning Commission shall render a written recommendation to the City Council, and the applicant, on the appropriateness of the area to be zoned as the "PDD". Planning Commission recommendations to the City Council on the preliminary development plan are advisory only. The City Council shall make the final approval of the preliminary development plan.

         (b)   At a minimum, the Planning Commission recommendation shall include the following:

            1.   Whether the plan is consistent with the intent and purpose of this chapter;

            2.   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;

            3.   Whether the overall development shall be adequately serviced by present or planned utilities, roadways, and other public services; and

            4.   Whether uses permitted in the "PDD" shall be found necessary to serve the area, preserve unique topographic, historical, special environmental or other unique features, and/or meet special requirements set forth in the development objectives.

         (c)   Approval by the Planning Commission shall be formed as a recommendation for approval, denial, or approval with modifications and the reasons for such decision.

   (C)   City Council action. Upon receipt of the Planning Commission’s report and recommendations, the City Council shall, in conformity with the provisions of this chapter and the Ohio Revised Code, adopt, amend or deny the district provisions and the amendment of the zoning map to provide for the "PDD". Legislation adopting a "PDD" shall include such criteria, limitations, maps and guidelines as the Council deems appropriate for the guidance of the developer and the Planning Commission.

(Ord. 2003-51, passed 5-20-03)

   After adoption of the approved preliminary development district plan by City Council and the appropriate "PDD" zoning, final approval of uses and layout must be obtained from the Planning Commission. The following procedure shall regulate this process:

   (A)   Applicants submittal requirements. For final approval, the owner shall submit a final development plan with the Planning Commission. This final development plan shall show the following as a minimum:

      (1)   The area to be developed and the area to be devoted to open space with accurate acreage for each use.

      (2)   Final grading plans, indicating cubic footage of cuts and fills.

      (3)   The interior roadway system, indicating existing and proposed rights-of-way and easements and cross sections of new or improved streets.

      (4)   Site plans, floor plans, elevations, and cross sections for all buildings. Additional exterior detail drawings, materials specifications and paint colors will be required if deemed essential to the realization of the intent or scope of the "PDD" plan.

      (5)   Descriptions as to the type of buildings, square footages and use.

      (6)   The proposed open space system and areas to be in common ownership, if any.

      (7)   A detailed landscaping plan for all areas, indicating all existing and proposed vegetation by species, size and caliper; dimensions and materials, irrigation, and special lighting fixtures.

      (8)   Roadway, parking, and pedestrian lighting plans with lighting fixture types, heights and designs.

      (9)   The location, size, height, material, lighting method (if any), message, and design layout of all signage.

      (10)   The phasing plan for development, if any, as identified in the preliminary development plan.

      (11)   Any modification of the general plan data presented and approved for the "PDD" applications may be required by the Planning Commission.

   (B)   Planning Commission submittal requirements. Where the "PDD" zoning has been adopted by the City Council as a result of a Planning Commission initiative, the final plan submission shall include all elements of the "PDD" application as may be required by the Planning Commission.

   (C)   Planning Commission action. The following action shall be taken by the Planning Commission on the final development plan:

      (1)   (a)   The Planning Commission shall review the final development plan and approve, modify and approve, or disapprove the application for final approval and transmit notice thereof to the applicant within 35 days of receipt of the complete final development plan package.

         (b)   The Planning Commission shall give the final approval only upon finding that the following requirements are met:

            1.   The design, size, and use are consistent with the preliminary development plan and with other applicable plans adopted by the Planning Commission or City Council.

            2.   The location, design, size, and uses will be adequately served by existing or planned facilities and services.

            3.   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 Building Commissioner’s records.

      (3)   After approval of the final development plan by the Planning Commission, submission of appropriate subdivision plats 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 approval of the final development plan. If construction has not begun within the 12 month period, the "PDD" 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.

   (D)   Modifications to approved plan.

      (1)   Minor changes to an approved final development plan may be approved by the Building Commissioner if such changes are consistent with the purpose and general character of the development plan. The Building Commissioner shall determine whether or not the minor changes fall within his or her responsibility to approve the changes. Other modifications, including extension or revision of the staged development schedule, shall require the approval of the Planning Commission. The Planning Commission shall determine whether or not the minor modifications fall within their responsibility.

      (2)   Substantive changes in the development plan shall be resubmitted through the "PDD" process and require the approval of the City Council. The Planning Commission shall forward to City Council any changes requiring their approval. Any changes to an approved plan, other than those the Building Commissioner is authorized to approve, shall require that the notification be sent to adjacent residents in the manner approved by law.

   (E)   Revocation. In the event of a failure to comply with the approved plan or any condition of approval, including, but not limited to, failure to comply with the staged development schedule, the Building Commissioner may , after notice, rescind, and revoke such plan approval. Violation of the final approval of the final development plan for a "PDD" shall constitute violation of the zoning code.

(Ord. 2003-51, passed 5-20-03)

   The applicant requesting a "PDD" shall make a non-refundable payment to the city at the time of submittal in the form of a "PDD" filing fee as described in Chapter 1299.

(Ord. 2003-51, passed 5-20-03)