A.

Purpose. The Planned Development District (PD) regulations are based on the premise that the ultimate quality of a built environment or development proposal is determined not only by the type, character and allocation of land uses but also by the way in which such land uses are executed. In many cases, the subdivision regulations and standard zoning district regulations and procedures do not adequately regulate the design of buildings or enable the range of uses in a single zoning district that are appropriate in or meet the needs of the City of Riverside.

1.

The purposes of the Planned Development District regulations are to:

a.

Provide an opportunity for a mix of land uses and structure types otherwise not permitted within the standard municipal zoning district classifications.

b.

Encourage a development pattern which preserves and utilizes natural topography, geologic features, scenic features, trees and other vegetation and which prevents the disruption of natural drainage patterns.

c.

Enable greater review of design characteristics to ensure that the development project is properly integrated into its surroundings and is compatible with adjacent development.

d.

Assure compatibility between proposed land uses within and around the Planned Development District through appropriate development controls.

e.

Pursue the housing and economic development goals of the city.

f.

Promote economical and efficient use of land and reduce infrastructure costs through unified development.

g.

Provide for more usable and suitably located recreation facilities, open space and other public and common facilities than would otherwise be provided under conventional land development regulations.

h.

Establish objective criteria for development plan review that ensure conformity to community and district standards and allow for consistent treatment throughout.

2.

The procedures established for Planned Development Districts are designed to encourage:

a.

Unified development projects that exhibit creative planning and design in ways that cannot be achieved through a standard zoning district or subdivision regulation, yet are consistent with all applicable plans, including but not limited to, the Land Use Plan, infrastructure system, contiguous land uses, and the intent of this Unified Development Ordinance (UDO).

b.

Imaginative architectural design.

c.

Flexibility in building styles and types.

d.

Proper relationships between buildings, developments and structures and between the land in scale, bulk, coverage, and character within Planned Development District and the surrounding area.

e.

The development of the land in an orderly, coordinated and comprehensive manner consistent with accepted land planning, landscape architecture practices and engineering principles according to approved development plans.

B.

Application. The Planned Development District regulations assist in accomplishing these purposes by establishing review steps that combine the request for a zoning amendment with the development plan review process, and when applicable, the subdivision process. Subsequent plan review following the zoning amendment also requires simultaneous review of subdivision plats.

1.

Each Planned Development District shall be considered a separate and unique zoning district wherein a preliminary development plan, including associated text depicting the specific development standards, is adopted simultaneously with the amendment of the zoning map to apply the PD designation. The preliminary development plan shall apply only to the property within that particular Planned Development District.

2.

Planned Development Districts adopted and established in accordance with the provisions of this chapter and the requirements contained herein shall take precedence over any conflicting regulations contained in the UDO and Subdivision Regulations.

C.

Ownership. The Planned Development District shall be an integrated, unified development project wherein the entire project area shall be in joint ownership or control at the time the application is made for the PD designation so that all property owners are applicants. Any transfer of land within the development resulting in ownership within the development by two or more parties after an application has been filed shall not alter the applicability of the regulations contained herein. A preliminary development plan approved in accordance with these regulations for a Planned Development District shall be binding upon the owners, their successors and assigns and shall limit and control the issuance and validity of all certificates of zoning compliance.

(Ord. No. 22-O-795, § 1(Exh. A), 5-5-22)

A.

Definitions. The following definitions shall apply unless the context clearly indicates or requires a different meaning. The definitions in Chapter 1117 of this UDO shall apply to those terms used in this chapter.

B.

Plan definitions.

1.

Concept Plan. A plan that generally indicates the overall design of a proposed PUD project with sufficient information to enable the applicant and the city to discuss the concept for the proposed development and to determine if the proposal is generally consistent with the Land Use Plan.

2.

Final Development Plan. A detailed plan showing the location of all site improvements, including easements, utilities, buildings, parking areas, circulation routes, points of ingress and egress, transportation and other public improvements (both on- and off-site), landscaping, architectural drawings, loading and unloading zones, service areas, ground signage, directional signage, location of refuse containers, lighting and accessory structures, and may include a subdivision plat. Critical dimensions are shown unless otherwise indicated.

3.

Planned Development (PD). Any unified development project for which a specific plan for development and related set of development regulations has been adopted concurrent with the zoning designation for a planned development.

4.

Planned Unit Development (PUD). A form of a planned development that includes one or more uses permitted by right or as conditional uses and which is established according to the requirements of Section 1119.05.

5.

Preliminary Development Plan. A plan document, submitted at the time of rezoning, outlining permitted and conditional land use development sites, major circulation patterns, critical natural areas to be preserved, open space areas and linkages, buffer areas, entryways, and major utilities and their relationship with surrounding uses. For the purposes of Sections 1119.01 through 1119.11, a preliminary development plan shall include a composite plan and any other development plan adopted prior to effective date of these regulations that are still in force.

(Ord. No. 22-O-795, § 1(Exh. A), 5-5-22)

A.

Planned Development Districts adopted after the effective date of these regulations. A Planned Development District that is adopted after the effective date of these regulations shall be established according to the following:

1.

All rezonings to a Planned Development District shall be designated as Planned Unit Development Districts (PUD).

2.

A request for rezoning land to a Planned Unit Development District designation shall be made according to Section 1105.07.

3.

A preliminary development plan shall be reviewed by the Planning Commission and City Council according to Section 1119.07 and a preliminary development plan and supporting documentation shall be adopted at the time of rezoning.

4.

Detailed final development plans shall be reviewed and acted upon by the Planning Commission according to Chapter 1113 Site Design and Improvement Standards.

5.

A preliminary subdivision plat may be reviewed simultaneously with a preliminary development plan. A final subdivision plat shall be reviewed simultaneously with a final development plan, unless a final plat has already been approved or is not required for completion of the project. All subdivision plats shall be reviewed and approved by the Planning Commission according to Chapter 1111, Subdivision Development Standards, except as otherwise addressed in Section 1119.01 through 1119.11.

B.

General development criteria. A PUD shall be designed and depicted on the preliminary development plan and final development plan in accordance with the following general development criteria:

1.

Plan Design. The proposed PUD shall be designed in accordance with accepted planning principles, including the planning and development principles included in this section, to ensure that the use of land, buildings and other structures; the building location, bulk, layout, arrangement, design, and height; the percentages of lot areas that may be occupied; the setback of buildings; the sizes of yards and other spaces; and the density of population are in compliance with the purposes and objectives of the PD regulations as set forth in Section 1119.01.A.

2.

Permitted and Conditional Uses. A PUD may include any combination of uses when such use(s) are found to be compatible with one another and in keeping with the intent of these general development criteria, provided the proposed location of the uses will not adversely affect adjacent property and/or the public health, safety and general welfare.

a.

The list of specific uses to be included in the proposed PUD shall be clearly delineated in the preliminary development plan and its supporting documentation.

b.

Uses shall be identified as either permitted uses or conditional uses.

c.

Listed uses shall be defined by their customary name or identification, except where they are specifically defined or limited in this UDO.

d.

Any listed use may be limited to areas delineated in the preliminary development plan.

3.

Planning and Development Principles. The proposed PUD shall be designed in accordance with the following planning and development principles:

a.

Arrangement of Use Areas.

1.

Buildings and uses within the proposed development shall be located to reduce any adverse influences and to protect and enhance the character of areas adjacent to the development;

2.

Whenever a proposed development includes areas of a higher intensity than that permitted in adjacent areas, the location and arrangement of use areas shall include appropriate buffers, open spaces, setbacks, or other transitional areas to ensure compatibility with the lower intensity areas.

3.

Buildings, structures and parking areas shall be designed and located within the PUD in ways that conserve environmentally sensitive or unique natural, historic, or cultural features, and minimize environmental impacts.

b.

Arrangement of Buildings and Yards.

1.

The physical relationship of buildings and other site improvements to one another and the surrounding open space, as created by building size, mass, height, shape, and setback, shall result in a harmonious development within the PUD and adjacent to it.

2.

The bulk and height of buildings within the proposed development shall be compatible with the surrounding development and sufficiently buffered from the surrounding development to mitigate any potential adverse impact(s).

c.

Landscaping, Screening and Buffering.

1.

The pattern of landscaping shall be coordinated in design and type of materials, mounding and fencing used. Landscaping may vary in density, spacing and other treatments to reflect variations of topography, existing landscape or land uses.

2.

Privacy for residential buildings shall be maintained through the use of landscaping, screening and buffering.

3.

Appropriate buffer zones with adequate landscaping shall be provided between the proposed development and adjacent areas.

4.

Alternative design approaches to meet the intent of the landscape regulations may be incorporated.

d.

Open space. Adequate open spaces shall be integrated throughout the development to meet the goals of the Land Use Plan and shall comply with the open space requirements set forth in Chapter 1111, Subdivision Development Standards. PUDs that include residential uses shall include open space that is located and designed as follows:

1.

Open space shall be sufficiently aggregated to create large useable areas of planned open space.

2.

Open space shall conserve significant natural features within the PUD to the extent practicable.

3.

Open space shall provide a scenic natural environment along existing public streets characterized by large building setbacks that enable the preservation of natural features.

4.

All open space shall be easily accessible to residents of the PUD.

5.

Where possible, open space areas shall be connected with open space areas on abutting parcels, and wherever possible, by open space corridors.

e.

Protection of Natural Features.

1.

Trees shall be preserved, protected, and replaced in compliance with the requirements set forth in Chapter 1113, Site Design and Improvement Standards.

2.

A riparian buffer shall be provided along the entire length and on both sides of a river or perennial stream channel. Walkways may be permitted to be located within riparian buffers when the City Engineer determines that such will create minimal change to the riparian buffer.

3.

Floodplains shall be protected in compliance with Chapter 1113.19. Floodplain Design Standards.

4.

Wetlands that are to be retained in their natural state within the PUD shall be protected. A buffer area not less than 20 feet in width measured from the edge of the delineated wetland shall be provided along the entire perimeter of the designated wetland. The buffer area shall not be disturbed and shall be retained in its natural state. Minimum building and pavement setbacks to protect such wetlands and buffer areas shall be established and shall be measured from the edge of such wetlands.

f.

Pedestrian Circulation Systems. A pedestrian circulation system shall be included and designed to provide convenient and safe pedestrian access throughout the PUD, and to connect to neighboring developments and community facilities. The pedestrian circulation system may include sidewalks and other walkways not located along streets. Trails with public right of passage should be incorporated in the pedestrian circulation system.

g.

Bike Paths and Other Trail Systems. Trail systems for bikes and other purposes shall be included and designed in accordance with the city's and/or region's plan for bike paths. Such trail system shall have a minimum width of eight feet and be properly buffered from any adjacent residential areas.

h.

Street Design and Vehicular Circulation.

1.

The proposed vehicular circulation system shall provide adequate connections to the existing street network.

2.

The area of the project devoted to streets and related pavement should be the minimum necessary to provide adequate and safe movement and access.

3.

Street alignments should be designed to conserve natural features and minimize the need for cut and fill practices.

4.

The function of adjacent thoroughfares shall be maintained by limiting access points to the minimum needed, relating them to existing access points, the street patterns on surrounding development and the intensity of proposed uses.

5.

Private streets as a common easement may be used to provide access to clustered lots and/or structures.

6.

Street lighting and street signs shall be adequate for safety and security as determined in consultation with the Director of Public Service.

7.

The applicant shall provide and construct on-site and off-site street improvements for the PUD in accordance with the requirements of Chapter 1111, Subdivision Development Standards and consistent with recommendations included in traffic studies and with any agreements submitted as supporting documentation for the PUD.

8.

The design and locations of streets and parking areas shall comply with the requirements set forth in Chapter 1113.17, Stormwater and Drainage Standards and must be approved by the Director of Public Service.

i.

Off-Street Parking. The layout of parking areas, service areas, and related entrances, exits, signs, lighting, noise sources or other potentially adverse influences shall be designed and located to protect the character of the area and as well as those areas adjacent to the development.

j.

Signs. All signs and graphics within the PUD shall be compatible in size, location, height, material, shape, color and illumination.

1.

A sign plan for the entire PUD shall set forth the design parameters for the entire project to ensure a consistent and comprehensive character throughout the project. The sign plan shall include the design, layout, and dimensions of all ground, window and wall signs as well as distances from rights-of-way and the type and intensity of illumination.

2.

Signs should contribute to an overall cohesive design, reflect simplicity, and avoid visual clutter.

3.

The overall design and placement of buildings should take into account the general placement of signs so that all permanent signs and their associated lighting fixtures complement the appearance and architecture of the buildings and the PUD.

4.

Ground signs should be designed to relate to and share common design elements with the building.

5.

The materials and colors of the sign, sign background and sign frame should be compatible with the building's materials and colors.

k.

Utilities. The applicant shall provide and construct on-site and offsite water, sewer and other infrastructure improvements for the PUD in accordance with the requirements of Chapter 1111, Subdivision Development Standards and consistent with any agreements submitted as supporting documentation for the PUD.

1.

Project Phasing. If the PUD is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, utilities, and other public improvements to serve the development in accordance with the applicable criteria set forth above. Each phase shall be provided with temporary and/or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property. Open space areas shall be reasonably proportioned in each phase of the project, and the proposed construction of any recreation facilities shall be clearly identified on a phasing plan.

2.

Common Facilities. Common facilities and park areas, regardless of ownership, may be required to be maintained. Adequate access shall be provided at all times to vehicular traffic so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

C.

Compliance with Existing Development Standards. Unless otherwise stated and varied in the development standards text, the standards contained in the City of Riverside Unified Development Ordinance that pertain to the specific uses or land development in the PUD shall be applicable. Such standards include, but are not limited to:

1.

Floodplain protection set forth in Chapter 1113.19.

2.

Landscaping requirements set forth in Chapter 1113.07.

3.

Tree preservation, protection and replacement requirements set forth in Chapter 1111, Subdivision Development Standards, and Section 1113.17.D.10.

4.

Sign regulations set forth in Chapter 1115.09.

5.

Off-street parking and loading requirements set forth in Chapter 1113.11.

6.

Subdivision requirements set forth in Chapter 1111.

7.

Requirements for storm water management set forth in Chapter 1113.17.

D.

Unique Requirements and Guidelines for PUD. Requirements and guidelines that are necessary to ensure that the proposed PUD complies with the intent of these Planned Development District regulations shall be clearly delineated in the development standards text submitted as part of the preliminary development plan. Elements of the development standards text shall include:

1.

All requirements that are necessary to ensure the PUD is consistent with the Land Use Plan and compatible with the surrounding development, including, but not limited to:

a.

The list of permitted and conditional uses;

b.

The maximum density for each use area;

c.

Standards for the protection of natural features;

d.

The major vehicular, pedestrian and bike circulation system;

e.

Setbacks and buffer standards for the perimeter of the PUD district and between subareas and differing land uses; and

f.

Any unique development standards or other standards that are determined essential for the project.

2.

All other provisions that set forth the methods for complying with the general development criteria set forth in Section 1119.05(B).

(Ord. No. 22-O-795, § 1(Exh. A), 5-5-22)

A.

Purpose. The purpose of this section is to provide adequate review of applications for planned developments.

B.

General Provisions. Review of applications for Planned Development Districts shall be conducted in compliance with the following general provisions:

1.

Review for Completeness. Each planned development application shall be reviewed for completeness and compliance with the applicable submission requirements, unless specific items are determined by staff to be inapplicable or unnecessary. If the application is deemed insufficient, the staff shall notify the applicant of the deficiencies. Only complete applications shall be placed on the Planning Commission agenda. When the application is determined complete and all applicable fees have been paid, the staff shall officially accept the application for consideration. This shall include either a preliminary development plan as set forth in Part D.1. of this section or a final development plan as set forth in Part E. of this section.

2.

Subdivision Plat Approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Chapter 1111 Subdivision Development Standards, including any subsequent changes to subdivision plats. Preliminary development plan approval and preliminary subdivision plat approval may proceed simultaneously. Final development plan approval and final plat approval shall proceed simultaneously, unless a final plat has already been approved or is not required for completion of the project.

C.

Zoning Amendment Pre-Application Meeting with Concept Plan. The applicant shall meet with the appropriate staff of the Community Development Department. This can include the Technical Review Committee (TRC), for review of a concept plan prior to submitting an application for a Planned Development District zoning amendment. The concept plan is intended to outline the basic scope, character and nature of a proposed project. The review is to provide input in the formative stages of design.

1.

The applicant shall submit a concept plan for review by the staff. The concept plan shall include the elements indicated in Section 1119.09.A.

2.

The applicant may request review and feedback from the Planning Commission and/or City Council prior to preparing a preliminary development plan. This will be scheduled during a work session for either body.

3.

No discussions, opinions, or suggestions provided on any aspect of the concept plan shall bind the applicant, or the city, or be relied upon by the applicant to indicate subsequent approval or disapproval by the city.

D.

Zoning Amendment Request. An application for a zoning amendment to the Planned Development District shall be submitted according to Section 1105.07. In addition to the submission requirements for zoning amendments, the applicant shall also submit a preliminary development plan and supporting documentation as required below.

1.

Preliminary Development Plan Review Procedures. The application, including all submission requirements for preliminary development plans set forth in Section 1119.09(B), shall be reviewed and distributed according to the following procedures. A preliminary subdivision plat may be reviewed simultaneously provided all the required plat information is submitted.

a.

Staff Review. After determining that an application is complete according to Part B.1. of this section, the staff shall forward the application to the Techinical Review Committee and, if determined necessary, professional consultants for review and comment.

1.

The application shall be reviewed for compliance with the Land Use Plan, other adopted plans or studies, and the requirements of this UDO and other applicable City Codes.

2.

During the course of their review, the staff may meet with the applicant to review the application, and the applicant may revise the preliminary development plan application in response to staff's comments.

3.

Within 90 days of the application being deemed complete or an extended time agreed to by the applicant, the application shall be placed on the agenda for a regularly scheduled meeting of the Planning Commission. The application and supporting documentation, administrative staff comments, any other reports prepared above and any accompanying documents (such as but not limited to letters from residents or maps) shall be transmitted to the Planning Commission prior to the meeting.

b.

Review and Action by Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria set forth in Section 1119.11(A). The Planning Commission shall take into consideration any submitted staff reports, comments, and expert opinions when reviewing the application.

1.

Request for additional information/revisions. In their review of an application, the Planning Commission may request additional information they deem necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, the Planning Commission may table the application.

2.

Timeframe for review of tabled case. Within 60 days, the applicant will, upon written request to the Director of Community Development and/or Zoning Administrator be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning Commission

3.

Action by Planning Commission. The Planning Commission shall recommend to City Council one of the following:

a.

That the preliminary development plan and its supporting documentation be approved as submitted;

b.

That the preliminary development plan and its supporting documentation be approved with specific conditions set forth by the Planning Commission, and agreed to by the applicant, to further protect and improve the proposed and surrounding developments; or

c.

That the preliminary development plan be disapproved.

4.

Transmission to Council. The Clerk of Council shall transmit the zoning amendment application and the preliminary development plan in the form of an ordinance along with all appropriate documentation, including their recommendation to City Council, within 30 days of taking action, unless otherwise requested by the applicant.

c.

Review and Action by City Council. City Council shall review and act on the proposed ordinance(s), including conducting a public hearing, in accordance with City Council procedures and public notice provisions set forth in Section 1105.07.

1.

In reviewing the ordinance(s), the City Council shall consider the approval criteria set forth in Section 1119.11(A).

2.

Disapproval by City Council shall terminate the process. Another zoning amendment application pertaining to the land included in the disapproved application shall not be accepted within one year from the date of disapproval, unless there has been substantial change to warrant reconsideration. The Technical Review Committee shall determine if substantial changes have been made to the preliminary development plan.

2.

Approval of the Planned Development District/Preliminary Development Plan.

a.

Adoption of the ordinance shall constitute a rezoning of the property included in the preliminary development plan to a Planned Development District, and the preliminary development plan and associated commitments become binding on the applicant.

b.

The Official Zoning Map shall be amended to reflect the zoning change.

c.

In the event City Council approves the preliminary development plan with modifications, the applicant shall incorporate such modifications into the appropriate documents and file the revised preliminary development plan with the staff within 60 days of the decision. No final development plan application will be processed until the revised preliminary development plan is submitted and approved.

3.

Significance of Approved Plan. Approval or approval with recommended modifications of the preliminary development plan by the City Council shall:

a.

Establish the development framework for the project, including the general location of open space, use areas, densities, unit types, recreational facilities, and street alignments;

b.

Permit the applicant to proceed with detailed planning of the final development plan; and

c.

Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.

4.

Expiration of zoning approval. Given the nature of the Planned Development District process and the unique standards simultaneously adopted, the Planned Development District designation shall remain valid for three years from the date of City Council approval. During that time, the applicant shall prepare and submit a final development plan for review in compliance with Part E. below. In the event progress on the PUD is discontinued, the city may begin procedures to rezone the property to the zoning district in place prior to the Planned Development District or to another district as may be determined appropriate.

a.

For the purpose of this section, progress shall be considered discontinued when:

1.

The final development plan for the PUD, or for the first phase of the PUD, is not submitted within three years after approval by City Council of the preliminary development plan;

2.

The final development plan for the PUD, or for the latest phase of the PUD, is approved, but construction authorized by such final development plan is not begun within three years after approval of the final development plan; or

3.

A final development plan for the PUD is approved, and construction work is discontinued for a period of two years or for a longer period as may be agreed to as part of the PUD zoning amendment.

b.

At any time, the Zoning Administrator may for good cause grant an extension to the above stated timeframes upon the submittal of a written request from the applicant. The written statement must include a detailed reason for the request for an extension and new project timeline. The Zoning Administrator may determine the extension request may need to be reviewed by the Planning Commission. In this case the extension request shall be scheduled for the Planning Commission's consideration at the next regularly scheduled meeting.

E.

Final Development Plans. An application for final development plan review shall include the submission requirements set forth in Section 1119.09(C) and shall be submitted for review according to the following. An application for final development plan review shall be required for each phase of development. The applicant shall also submit a final subdivision plat for simultaneous review unless a final plat has already been approved or is not required for completion of the project.

1.

Area included in Final Development Plan. The area included in an application for final development plan review shall be in substantial compliance with the phasing plan approved as part of the preliminary development plan.

2.

Review Procedures. The application, including any conditional use application, shall be reviewed according to the following procedures:

a.

Staff review. After determining that an application is complete according to Part (B)(1) of this section, staff shall forward the application to the Technical Review Committee and, if determined necessary, professional consultants for review and comment.

1.

The application shall be reviewed for compliance with the approved preliminary development plan, the requirements of this UDO and other applicable City Codes.

2.

During the course of their review, the staff may meet with the applicant to review the application, and the applicant may revise the final development plan application in response to staff's comments.

3.

The application and supporting documents, staff comments, any other reports and accompanying documents (such as, but not limited to, letters from residents or maps) shall be transmitted to the Planning Commission.

b.

Review by Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria set forth in Section 1119.11 (B). The Planning Commission shall take into consideration any submitted staff reports when reviewing the application.

1.

Request for additional information/revisions. In their review of an application, the Planning Commission may request additional information they deem necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, the Planning Commission may table the application.

2.

Timeframe for review of tabled case. Within 90 days, the applicant will, upon written request to the Zoning Administrator be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning Commission but not less than 60 days following receipt of the written request.

3.

Conditional Use review. If the application includes conditional uses, the Planning Commission shall review the application according to the procedures set forth in Chapter 1105 including the requirement for a public hearing. During their review of a conditional use, the Planning Commission may prescribe appropriate conditions, stipulations, safeguards and limitations on the conditional use as they may deem necessary and in conformance with the intent and purposes of Section 1105.09(G).

a.

Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of Section 1105.09(G).

4.

Compliance with the preliminary development plan. In reviewing the application, the Planning Commission shall determine if the final development plan substantially complies with all specific requirements, the purposes, intent and basic objectives of the preliminary development plan, and any commitments made or conditions agreed to with the adoption of the preliminary development plan and if it represents an expansion and delineation of the approved preliminary development plan.

a.

The Planning Commission may determine that the proposed plan complies with the preliminary development plan and may proceed to review the Final Development Plan in accordance with the procedures of this section.

b.

The Planning Commission may, in reviewing the final development plan, approve a modification of a provision of the development standards text if they determine that all of the following provisions are satisfied:

i.

The Planning Commission determines that, for this PD, the UDO compliance is not needed in order to ensure that the PD is consistent with the Land Use Plan and compatible with existing, approved, or planned adjacent development;

ii.

The Planning Commission determines that the proposed modification does not significantly alter the list of permitted or conditional uses, cause an inappropriate increase in density or cause inconsistencies with the Land Use Plan;

iii.

The proposed modification results in a development of equivalent or higher quality than that which could be achieved through strict application of the requirement(s);

iv.

The principles of Section 1119.05(B) are achieved; and

v.

The development, as proposed on the final development plan, will have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.

c.

Any proposed modification to a preliminary development plan that fails to meet the above criteria shall require a zoning amendment to the preliminary development plan according to Section 1105.07.

5.

Compliance with Current City-Wide Standards. In the event development standards or construction standards that apply city-wide are updated, all subsequently approved final development plans shall comply with the updated standards when the Planning Commission determines that such updated standard(s) will not cause undue hardship.

a.

Action by Planning Commission. The Planning Commission shall take one of the following actions:

1.

Approve the final development plan as submitted;

2.

Approve the final development plan with modification(s) as agreed to by the applicant; or

3.

Disapprove the final development plan when the application does not demonstrate that the required standards have been met. Disapproval of the final development plan shall terminate the process. The applicant may revise the final development to respond to the Planning Commission's concerns and resubmit the plan. Such action shall be considered a new application for review and shall contain all the information required for final development plans, including payment of the application fee.

F.

Zoning and Building Permits. Following the approval of the final development plan, and recording of the final subdivision plat if applicable, the applicant may proceed with the Certificate of Zoning Compliance and building permit process, consistent with approval as granted, including any conditions and modifications made by the Planning Commission.

1.

After approval of the final development plan, the applicant shall obtain a Certificate of Zoning Compliance and building permit(s) prior to construction.

2.

A Certificate of Zoning Compliance and building permit(s) shall not be issued until the appropriate final plat has been recorded and the city has accepted any applicable land areas that are to be dedicated to the city.

3.

All construction and development under any building permit shall be in accordance with the approved final development plan, except as may be permitted in Part (G) of this section. Any unauthorized departure from such plan shall be cause for revocation of the Certificate of Zoning Compliance. All required covenants, easements and restrictions shall be recorded prior to the approval of any construction permit in a location where such covenants, easements, or restrictions are intended to apply. A copy of the recorded document(s) shall be provided to the city prior to obtaining any construction or zoning permits.

G.

Modifications to Approved Final Development Plans. Requested modifications to approved final development plans shall be reviewed according to the following:

1.

Administrative approval. The Zoning Administrator, in administering the approved final development plan and development text, may authorize minor plan modifications to building layouts, parking arrangements, sign locations, lighting, and other site-related improvements that are required to correct any undetected errors or address changes to the site made necessary during construction, provided the modifications remain consistent with the purpose of the approved final development plan.

a.

No modifications shall be made that increase the permitted density of development or add to the list of permitted or conditional uses.

b.

Modifications deemed minor may include such changes as:

1.

Minor adjustments in lot lines provided no additional lots are created and required setbacks are maintained;

2.

Minor adjustments in the location of and layout of parking lots provided the perimeter setbacks, yards and buffers are maintained;

3.

Minor adjustments in building footprints up to 25 percent in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use;

4.

Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size;

5.

Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained;

6.

Redesigning and/or relocating landscape mounds, provided that the same level and quality of screening is maintained;

7.

Minor modifications to the sign face, landscaping and lighting, provided the other sign requirements of the final development plan are maintained;

8.

Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved on the final development plan;

9.

Changes required by outside agencies such as the county, state, or federal departments; or

10.

Other minor modifications deemed by the Director and/or Zoning Administrator that do not alter the basic design or any specific conditions imposed as part of the original approval.

c.

The Zoning Administrator may report approved modifications to the Planning Commission. The Zoning Administrator may submit any modification to the Planning Commission that would otherwise be considered minor if the Zoning Administrator finds that the overall extent and effect of the proposed modification should be reviewed by the Commission.

2.

Board of Zoning Appeals Variances.

a.

Any request for a variation to the development standards text that pertains to an individual lot shall be reviewed as a variance according to the procedures set forth in Section 1105.15, Variance Procedures.

3.

Planning Commission Approval.

a.

Modifications other than those listed in Part G(1) and (2) above not determined by the Zoning Administrator to be minor shall be submitted to the Planning Commission. Modifications may be approved provided the Commission finds that the requested changes are compatible with the surrounding development and that the modifications remain consistent with the preliminary development plan.

b.

Any requested changes shall be indicated on an amended final development plan. An application for an amended final development plan shall follow the review procedures for final development plan review set forth in Part (E) of this section. If approved, those amendments to the final development plan shall supersede the originally approved final development plan.

(Ord. No. 22-O-795, § 1(Exh. A), 5-5-22)

A.

Contents of Concept Plan Pre-Application. It is the intent of these regulations that the concept plan shall generally indicate overall design of the proposed project. Information submitted should be comprehensive enough to enable the staff to understand the existing site and concept for the proposed development. The applicant shall submit a number of copies as determined by the Zoning Administrator and one digital copy in a format approved by the Zoning Administrator. The information submitted should include the following:

1.

Vicinity map indicating the location of the site in the city and the general location of principal thoroughfares.

2.

Regional context map. A map indicating the proposed site and all areas within 2,000 feet in all directions showing both the basics of the proposed layout contained in the application and the property lines of the adjacent areas on a drawing that is 11 inches by 17 inches.

3.

Map of existing conditions and features drawn to scale, with accurate boundaries of the entire project and a north arrow, including the property proposed for development, all adjacent rights-of- way and 100 feet of property immediately adjacent thereto, indicating:

a.

Existing public improvements, permanent facilities, easements and property boundaries;

b.

General indication of existing structures on the site and abutting properties;

c.

Physical features and natural conditions of the site including the location of streams, tree masses, open spaces, etc.;

d.

General topography;

e.

Existing zoning district boundaries and jurisdictional boundaries;

f.

Surface drainage and areas subject to flooding;

g.

Existing public and private utility systems;

h.

Regional transportation system.

4.

The concept plan map, drawn to scale with accurate boundaries of the entire project and a north arrow, including the property proposed for development, all adjacent rights-of-way and 100 feet of property immediately adjacent thereto, indicating:

a.

Depiction of proposed land uses, including open space areas, indicating the approximate acreage by land use, density and type of buildings or dwelling units;

b.

The location of any lands to be dedicated to any public agency;

c.

The general circulation pattern;

d.

The relationship of the proposed project to the surrounding area.

B.

Contents of preliminary development plan application. The application shall include the maps, plans, and supplementary documentation itemized below. The applicant shall submit a number of copies as determined by the Zoning Administrator and one digital copy in a format approved by the Zoning Administrator. The information submitted should include the following:

1.

Completed application form along with the application fee. The application shall be signed by the property owner as defined in Section 1119.01(C) and notarized.

2.

Vicinity map showing the relationship of the proposed PD to existing development and including existing property lines, easements, utilities, and street rights-of-way of the subject property and property within 500 feet of the site, zoning district boundaries, and existing land uses and structures.

3.

Regional context map. A map of the proposed site and all areas within 2,000 feet in all directions showing both the basics of the proposed layout contained in the application and the property lines of the adjacent areas on a drawing that is 11 inches by 17 inches.

4.

Legal description.

5.

Map of existing conditions and features drawn to scale, with accurate boundaries of the entire project and a north arrow, including:

a.

Boundaries of the area proposed for development, dimensions and total acreage;

b.

Existing public rights-of-way, buildings, permanent facilities, access points and easements on, and adjacent to, the site;

c.

Identification of any existing buildings or structures to be removed or demolished;

d.

Existing zoning district boundaries and jurisdictional boundaries;

e.

Existing utility systems and providers;

f.

The location of existing topography showing contour lines at vertical intervals of not more than five feet, highlighting ridges, rock outcroppings and other significant topographical features and identifying any areas with slopes over five percent;

g.

Locations of all wooded areas, tree lines, hedgerows, and a description of significant existing vegetation by type of species, health, and quality;

h.

Delineation of existing drainage patterns on the property;

i.

Location of wetlands (and potential wetlands), the 100-year floodplain, floodway boundary, 20-foot buffer area beyond the floodway, and flood elevation as delineated by the Federal Emergency Management Agency maps including rivers and streams and their related river or stream bank, ponds, and water courses and as required by Chapter 1113.19, Floodplain Design Standards.

6.

The preliminary development plan map shall include a plan for the entire area of the proposed project and shall be drawn to an appropriate scale with accurate boundaries of the entire project including a north arrow. The applicant shall submit a number of copies as determined by the Zoning Administrator and one digital copy in a format approved by the Zoning Administrator. The information submitted shall indicate:

a.

The proposed location, use and size of areas of residential, retail, office, industrial or institutional uses, community facilities, parks, playgrounds, school sites and other public areas and open spaces with the suggested ownership and maintenance provisions of such areas, and their related parking areas, and access points;

b.

The general layout of the proposed internal road system, indicating the proposed vehicular right-of-way of all proposed public streets, general indication of private streets and pedestrian circulation, bike paths and other trail systems, access drive locations, improvements to existing streets, and traffic control requirements;

c.

Any proposed off-site improvements and/or utility lines/extensions needed to serve the site;

d.

Natural areas and other natural features to be conserved and any required buffer areas;

e.

Natural features to be altered or impacted by the development and areas where new landscaping will be installed, etc.;

f.

A summary table showing total acres of the proposed development; the number of acres devoted to each type of use, including streets and common areas; the number of dwelling units by type and density for each residential use area and the building height(s); and square footage as proposed for retail, office, industrial and institutional uses, by use area; and the number of parking spaces provided for each use area;

g.

Space for signatures of the applicant and the Planning Commission Chair, and the dates of Planning Commission and Council approvals.

7.

Preliminary plat, if appropriate, designed in compliance with the subdivision requirements set forth in Chapter 1111 Subdivision Development Standards. The required subdivision information may be included on the preliminary development plan.

8.

Architectural drawings demonstrating the prototypical designs of the proposed buildings, to demonstrate the exterior design, character and general elements in sufficient detail to indicate the proposed visual character of the development.

9.

Project phasing map. A phasing plan and schedule identifying the separate phases of the project, including utilities and any off-site improvements. Such schedule shall include the proposed use or reuse of existing features such as topography, structures, streets, easements and natural areas.

10.

Proposed utilities including the proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness, including verification of availability.

11.

Traffic study indicating the impact of future traffic on the existing and proposed roadway system, as required by the City Engineer and/or Public Service Director.

12.

Explanation of relationship of proposed development to existing and future land use in the surrounding area, the street system, community facilities and open space system, services and other public improvements. If the proposal is not fully consistent with the Land Use Plan, the applicant shall submit a letter justifying the proposed deviation from the Land Use Plan.

13.

Development standards text. The development standards text identifying the requirements that are to govern the design and layout of the PUD.

a.

The development standards text shall include signature and date lines for the applicant certifying the text.

b.

Dimensions and/or acreages illustrated on the development plan shall be described in the development standards text.

c.

Any dimensions or other provision that departs from any applicable standards set forth in the Riverside UDO, especially addressing signs, landscaping, appearance, and parking, shall be clearly described.

d.

Adequate provision shall be made to establish a private organization (i.e.) homeowners association with direct responsibility to provide for the operation and maintenance of all common facilities that are part of the planned development, and, in such instance legal assurances shall be provided to show that the private organization is self-perpetuating.

C.

Contents of Final Development Plan Application. The application shall include the maps, plans, designs and supplementary documents itemized below. Final development plans are intended to be detailed refinements for development and, as such, shall be accurate, detailed representations of the total aspects of the approved preliminary development plan. The applicant shall submit a number of copies as determined by the Zoning Administrator and one digital copy in a format approved by the Zoning Administrator. The information submitted shall include the following:

1.

Completed application form along with the application fee.

2.

Vicinity map showing the relationship of the area of the final development plan to the entire Planned Development District and including existing structures, property lines, easements, utilities, and street rights-of-way of the subject property and property within 500 feet of the site;

3.

Regional context map. A map of the proposed site and all areas within 2,000 feet in all directions showing both the basics of the proposed layout contained in the application and the property lines of the adjacent areas on a drawing that is 11 inches by 17 inches.

4.

Final subdivision plat. A final plat shall be submitted in accordance with Chapter 1111, Subdivision Development Standards, if the proposed development includes the subdivision of land and a final plat has not already been approved;

5.

Legal description of the property, if a final plat is not submitted, with accurate distances and bearings from an established monument on the project to the three nearest established street lines or official monuments; and stamped or sealed evidence from a surveyor registered in the State of Ohio or engineer that the monuments actually exist and that all dimensional and geodetic details are correct;

6.

Final development plan map prepared by a qualified professional such as a licensed architect, surveyor, engineer or landscape architect, and drawn to an appropriate scale indicating the following items, to the extent that the information is not already shown on the final subdivision plat or construction drawings for a subdivision:

a.

A bar scale, north arrow, and total acreage of the area that is the subject of the final development plan, and accurate location of all monuments;

b.

Radii, arcs, points of tangency, central angles for all curvilinear street, radii for all rounded corners, and length of all straight center line between curves on all public and private street;

c.

The right-of-way lines of adjoining streets and alleys with their width and names, and indicating the edge of pavement and centerline;

d.

All lot lines and easements with their dimensions;

e.

The dimensions and locations of proposed structures, buildings, streets, parking areas, yards, playgrounds, school sites and other public or private facilities; the proposed pedestrian and bike path systems; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;

f.

Location of existing and proposed structures including fences, walls, signs, and lighting;

g.

Location and layout of all proposed and existing outdoor storage areas including storage of waste materials and location of trash receptacles;

h.

Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;

i.

Delineation and identification of areas to be dedicated or reserved for public use, provided those areas are acceptable to the city, with the purposes indicated thereon, and of any area to be reserved by deed covenant for the common use of all property owners, listing who will maintain the acreage of such areas, or indicating if it is to be dedicated or reserved and the proposed timing of dedication or reservation;

j.

Space for signatures of the owner, and applicant if different that the owner, and the Planning Commission Chair, and the date of Commission approval;

k.

Summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and open space, and the number of proposed dwelling units by type, building square footage, number of parking spaces, pavement coverage, impervious surface area and acreage devoted to open space, private streets, and other public facilities.

7.

Proposed utilities. Verification of availability of all utilities, including water, sanitary sewer, gas, electric, cable, etc., and indication of all utility line extensions;

8.

Additional plans for proposed development.

a.

Topographic maps showing existing and proposed grading contours, water courses, wetlands and flood plains and other flood hazard boundaries and information;

b.

Landscaping, screening, and tree preservation plans as required by Chapter 1113.07.

c.

A lighting plan, including but not limited to, light pole heights and locations, building accent lighting, pedestrian lighting, average footcandle calculations minimum foot-candles and maximum foot-candles.

d.

A dimensioned sign plan indicating the character, material, dimensions, location, shape, color(s) and type of illumination of signs;

e.

Architectural plans for the proposed development, showing all exterior elevations and building floor plans, colors, materials, and other details to indicate the type of architectural style proposed for the development and conformity with applicable appearance standards, prepared by a licensed architect;

f.

Construction plans for all public improvements, site grading, and required development practices specified by the city code.

9.

Ownership. The ownership interests of the subject property, including liens and easements, and the nature of the developer's interest if not the owner.

10.

Covenants, easements and restrictions.

a.

The substance of covenants, grants of easements, or other restrictions which will be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities; and proper acknowledgment of owners and/or holders of mortgages accepting such restrictions.

b.

For projects that include any area for common use of or to be maintained by multiple property owners, the association's bylaws or code of regulations, which shall include provisions that comply with the following requirements:

1.

Membership in the association shall be mandatory for all purchasers of lots in the development or units in a condominium;

2.

The association shall be responsible for maintenance, control, and insurance of common areas;

3.

The association shall have the power to impose assessments on members for the maintenance, control and insurance of common facilities, and have the power to place liens against individual properties for failure to pay assessments;

4.

The association shall have the authority to enforce reasonable rules and regulations governing the use of, and payment of assessments for maintenance, control and insurance of, common facilities by such means as reasonable monetary fines, suspension of the right to vote and the right to use any common recreational facilities, the right to suspend any services provided by the association to any owner, and the right to exercise self-help to cure violations;

5.

The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified;

6.

The association shall convey to the city and other appropriate governmental bodies, after proper notice, the right to entrance to any common facilities for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. The city shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the city shall have the right to proceed against the association for reimbursements of said costs, including the right to file liens against individual condominium units, houses and vacant building lots.

c.

The provisions and authority for any required architectural review that may control any aspect of the project beyond the city requirements.

11.

Modifications. A statement identifying any aspect of the final development plan in which the applicant is requesting a modification from the preliminary development plan, pursuant to Section 1119.07(G).

12.

Updated existing conditions. An updated/revised map of existing conditions indicating all changes since the map was submitted with the preliminary development plan.

13.

Table of contents. Table of contents or other index indicating where each of the plan submission requirements is located within the application package (page number of narrative or drawing).

(Ord. No. 22-O-795, § 1(Exh. A), 5-5-22)

A.

Preliminary Development Plan. In the review of proposed planned developments, the Planning Commission and City Council shall determine whether or not the preliminary development plan complies with the following criteria. In the event the Planning Commission determines that the proposed preliminary development plan does not comply with a preponderance of these criteria, the Planning Commission shall disapprove the application:

1.

The proposed development is consistent with the purpose, intent and applicable standards of the UDO;

2.

The proposed development is in conformity with Land Use Plan and other adopted plans or portions thereof as they may apply and will not unreasonably burden the existing street network;

3.

The proposed development advances the general welfare of the city and immediate vicinity and will not impede the normal and orderly development and improvement of the surrounding areas;

4.

The proposed uses are appropriately located in the city so that the use and value of property within and adjacent to the area will be safeguarded;

5.

Proposed residential development will have sufficient open space areas that meet the objectives of the Land Use Plan;

6.

The proposed development respects the unique characteristic of the natural features and protects the natural resources of the site;

7.

Adequate utilities, access roads, drainage, retention and/or necessary facilities have been or are being provided;

8.

Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets and to maximize public safety and to accommodate adequate pedestrian and bike circulation systems so that the proposed development provides for a safe, convenient and non-conflicting circulation system for motorists, bicyclists and pedestrians;

9.

The relationship of buildings and structures to each other and to such other facilities provides for the coordination and integration of this development within the PD and the larger community and maintains the image of Riverside as a quality community;

10.

The density, building gross floor area, building heights, setbacks, distances between buildings and structures, yard space, design and layout of open space systems and parking areas, traffic accessibility and other elements having a bearing on the overall acceptability of the development plans contribute to the orderly development of land within the city;

11.

Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas;

12.

The design, site arrangement, and anticipated benefits of the proposed development justify any deviation from the standard development regulations included in the UDO or Subdivision Development Standards, and that any such deviations are consistent with the intent of the Planned Development District regulations;

13.

The proposed building design meets or exceeds the quality of the building designs in the surrounding area and all applicable appearance standards of the city;

14.

The proposed phasing of development is appropriate for the existing and proposed infrastructure and is sufficiently coordinated among the various phases to ultimately yield the intended overall development;

15.

The proposed development can be adequately serviced by existing or planned public improvements and not impair the existing public service system for the area;

16.

The applicant's contributions to the public infrastructure are consistent with any relevant adopted plans, have been reviewed by the Director of Public Service, and are sufficient to service the new development.

B.

Final Development Plan. In the review of proposed planned developments, the Planning Commission shall determine whether or not the proposed development, as depicted on the final development plan, complies with the following:

1.

The plan conforms in all pertinent respects to the approved preliminary development plan provided however, that the Planning Commission may authorize plans as specified in Section 1119.07(E)(4);

2.

Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;

3.

The development has adequate public services and open spaces;

4.

The development preserves and is sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this UDO;

5.

The development provides adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas without unnecessarily spilling or emitting light onto adjacent properties or the general vicinity;

6.

The proposed signs, as indicated on the submitted sign plan, will be coordinated within the PUD and with adjacent development; are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and are located so as to maintain safe and orderly pedestrian and vehicular circulation;

7.

The landscape plan will adequately enhance the principal building and site; maintain existing trees to the extent possible; buffer adjacent incompatible uses; break up large expanses of pavement with natural material; and provide appropriate plant materials for the buildings, site, and climate;

8.

Adequate provision is made for storm drainage within and through the site which complies with the applicable regulations in this UDO and any other design criteria established by the city or any other governmental entity which may have jurisdiction over such matters;

9.

If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage;

10.

The Commission believes the project to be in compliance with all other local, state and federal laws and regulations.

(Ord. No. 22-O-795, § 1(Exh. A), 5-5-22)