It is the purpose of the Planned Unit Development District to permit an applicant, through consultation with the Planning Commission and Council, to develop a site according to a plan which may supersede normal zoning requirements of a particular zoning district(s) through an overlay process. The uses approved within a Planned Unit Development must conform to the uses as specified in the existing zoning district. Planned Unit Developments would permit creative site planning and permit an applicant to incorporate such amenities as common open space into the overall site design. The Council may approve Planned Unit Development (PUD) zoning based on the guidelines and procedures in this chapter.

(Ord. 17-2013, passed 9-24-2013)

   (a)   A Planned Unit Development may be approved within any zoning district, provided that the use(s) approved in the development plan by Council for the Planned Unit Development complies with those uses identified as permitted or conditionally permitted within the existing zoning district. For example, an applicant can request approval for a Planned Unit Development within an R-2 Single-Family Medium- Density Residence District or I-P Industrial Park District; the subsequent designation would be R-2-PUD or I-P-PUD and would permit the uses in those respective districts.

   (b)   The Planned Unit Development shall be comprised of a parcel or parcels of land not less than two contiguous acres in size.

(Ord. 17-2013, passed 9-24-2013)

   Required open space in a Planned Unit Development shall be regulated as follows:

   (a)   There shall be reserved a minimum land area of 20 percent of the overall tract for use as open space.

   (b)   This open space may include such areas as: pedestrian walkways, park land, open areas, drainage ways, greenbelts and other lands of essentially open character. Preferred open space includes: woodland, stream corridors and other naturally preserved areas.

   (c)   If common open space is provided, ownership of this common open space shall be transferred to a legally established Homeowners Association, or deeded with permanent restrictions for its preservation, or other method approved by the Municipality, and the proper legal documents necessary for such transfer be prepared by the owner(s) and approved by the Municipal Law Director.

   (d)   The common open space shall be usable by residents/occupants of the Planned Unit Development and shall not consist of isolated or fragmented pieces of land which would serve no useful purpose.

(Ord. 17-2013, passed 9-24-2013)

   The following procedures shall be followed in applying for rezoning to a PUD District.

   (a)   Application submission. An applicant shall submit a complete application requesting that the Zoning District Map be amended to rezone the subject property as a PUD Overlay. Such applications shall be processed, noticed, and heard in a manner prescribed in this chapter.

   (b)   Informal consultation. Applicants are encouraged to engage in informal consultations with the Zoning Officer and Municipal Administrator prior to preparing plans. No statement or representation by staff or Planning Commission, however, shall be binding.

   (c)   Concept Plan. Concept Plan contents are established in § 1288.05, Required Contents of the Concept Plan.

   (d)   Preliminary and Final Development Plan. An applicant may submit a Preliminary Development Plan, and subsequently submit a Final Development Plan for any portion of the approved Preliminary Development Plan that the applicant wishes to develop. The applicant may also submit a combined Preliminary and Final Development Plan as identified in § 1288.09, Preliminary and Final Development Plan Procedure.

   The Planning Commission or Council may determine that the review of the Planned Unit Development submission requires the assistance of engineers, architects, planners or attorneys to assist in its evaluation of the Preliminary or Final Development Plan. In such event, the Planning Commission or Council may require that the applicant pay the fees of such persons so retained to assist the Planning Commission or Council. By the submission of an application for Preliminary or Final Development Plan approval, the applicant agrees to pay such fees.

   (e)   Zoning Certificate. No Zoning Certificate shall be issued for any property for which a rezoning is requested and no construction shall begin until the Final Development Plan is approved as per the requirements in this chapter.

(Ord. 17-2013, passed 9-24-2013)

   The submission of a Concept Plan is required as the initial process for the establishment of a Planned Unit Development. The applicant is encouraged to engage in informal consultations with the Planning Commission prior to preparing the Concept Plan, it being understood that no statement or representation by Planning Commission members shall be binding upon the Commission.

   The applicant shall prepare a Concept Plan and shall submit the number of copies of this Concept Plan as specified by the Zoning Officer along with the application for a change of Zoning District to the Planning Commission for recommendation to Council for approval. One electronic copy in PDF format shall also be submitted by the applicant.

   (a)   The Concept Plan shall contain:

      (1)   A base map of the property showing existing and proposed land use, general topography and physical features and the following information:

         A.   Property boundaries;

         B.   Adjacent thoroughfares and access points;

         C.   Vehicular and pedestrian circulation;

         D.   Location of different land use areas;

         E.   Approximate locations of proposed buildings;

         F.   Density levels of each area;

         G.   Location of schools, parks or other community facility sites, if any;

         H.   Setback and height requirements;

         I.   Proposed drainage;

         J.   General utility plan;

         K.   Parking layout;

         L.   Proposed sign plans; and

         M.   Other information as may be required by the Municipality for review.

      (2)   Time schedule of projected development if construction is to extend beyond a two-year time period.

      (3)   All necessary legal documentation relating to the transfer of common open space, if proposed, to the legally established Homeowners Association or protection of common open space, or other mechanism approved by the Municipality.

   (b)   The Planning Commission shall study the application and Concept Plan and shall hold a public hearing within 35 days of the time of application. Following this public hearing, the Planning Commission shall make a report to the Municipal Council within 35 days recommending approval or disapproval and the reasons therefor. The Planning Commission may explicitly impose special conditions relating to the planned unit development with regard to type and extent of public improvements, maintenance of common open space, and any other pertinent development characteristics as needed in making a determination. The time period for review may be extended if agreed upon by the applicant.

(Ord. 17-2013, passed 9-24-2013)

   Upon receipt of the report of the Planning Commission, the Municipal Council shall study and review the proposed concept plan and shall approve or disapprove the application for rezoning on the basis of: (1) all application submission requirements have been satisfied; and (2) finding that the following specific conditions are met:

   (a)   That each individual section or phase of development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained.

   (b)   That the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts in these regulations.

   (c)   That the internal streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic.

   (d)   That the minimum open space area has been reserved, a means has been established to maintain the area, and is either to be dedicated to the Municipality, be transferred to a legally established Homeowners’ Association or other legally established entity, or other mechanism approved by the Municipality.

   (e)   That any part of a Planned Unit Development not used for structures, parking and loading areas or streets shall be landscaped or designated as natural open space.

   (f)   That the Planned Unit Development is in conformance with the Woodlawn Master Plan, as may be amended from time to time.

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

   (h)   That the density of each individual phase of the Planned Unit Development, as well as the density of the entire project shall not exceed the maximum allowable density as permitted in the underlying districts, except as provided for in § 1288.07, Increase in Density.

(Ord. 17-2013, passed 9-24-2013)

   An increase in density of 15 percent may be permitted over the maximum allowable density of the underlying zoning district(s) upon review and approval by the Planning Commission.

(Ord. 17-2013, passed 9-24-2013)

   Council shall have 45 days to hold a public hearing and consider the recommendation of Planning Commission. The time frame for review shall begin when it has been determined by the Zoning Officer that a complete application has been submitted with the correct fee as established by Council.

   Action by the Planning Commission and the Council shall be as follows:

   (a)   If from the facts presented, the Council is unable to make the necessary findings specified in § 1288.06, Conditions of Approval of the Concept Plan, the application shall be denied or returned to the applicant for clarification. In taking action, the Planning Commission and Council may deny the Concept Plan or may recommend approval of said plan subject to specified amendments.

   If the application is approved by Council, the approval of the Concept Plan shall be limited to the general acceptability of the land uses proposed, density levels and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility which are to be determined in subsequent preparation of preliminary and final development plans.

   Approval of the Concept Plan shall constitute the approval of the creation of a separate PUD Planned Unit Development Zoning District. The new zoning designation shall incorporate the existing zoning classification (e.g. R-2-PUD).

   (b)   At the time of adopting any ordinance establishing a PUD District, the Council shall make appropriate arrangements with the applicant, which will ensure the accomplishment of the public improvements and reservation of common open space of the public improvements shown on the approved Concept Plan. The developer shall post a bond in the amount determined by the Municipality to ensure completion of the necessary improvements should the developer fail to complete such improvements as agreed upon.

(Ord. 17-2013, passed 9-24-2013)

   Once the Concept Plan has been approved by the Planning Commission and Council, Preliminary and Final Development Plans for each section of the overall planned unit development landholding must each be reviewed and approved by the Planning Commission prior to the issuance of any Zoning Certificate of Compliance by the Zoning Officer.

   The Preliminary and Final Development Plans shall be in accordance with the approved Concept Plan; shall be prepared for the applicant by a professionally competent engineer, architect and/or landscape architect, based on a survey prepared by a registered surveyor. Submissions shall be submitted in the number of copies specified by the Zoning Officer including one electronic copy in PDF format. Submission of the Preliminary and Final Development Plans shall include the following as a minimum:

   (a)   Preliminary Development Plan.

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

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

      (3)   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.

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

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

      (6)   Site plan indicating existing: lot lines, building outlines and locations, off-street parking and loading spaces, pedestrian walkways, utilities, easement locations, floodplains, existing vegetation and vehicular circulation.

      (7)   A site plan showing proposed: lot lines, preliminary building plans, including floor plans, exterior elevations and material samples, land uses, off-street parking and loading spaces, utilities, easement locations, floodplains, vehicular circulation, proposed streets proposed sidewalks and pedestrian ways, and common open spaces.

      (8)   Landscaping and buffering plans.

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

      (10)   Evidence that the development will not impose an undue burden on public services and facilities such as fire and police protection.

      (11)   Specific engineering plans, including site grading, street improvements, drainage and utility improvements and extensions as necessary.

      (12)   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.

      (13)   Evidence that the applicant has sufficient control over the tract to affect the proposed plan, including a statement of all ownership and beneficial interests in the tract of land and the proposed development.

      (14)   A traffic impact study, if determined necessary by the Municipality.

   (b)   Final Development Plan.

      (1)   The areas to be developed and the areas 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 and elevations for all buildings. Additional exterior detail drawings, materials specifications and paint colors may be required if deemed necessary to understand the intent or scope of the plan.

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

      (6)   The proposed common 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 PUD applications as may be required by the Planning Commission.

(Ord. 17-2013, passed 9-24-2013)

   The following process shall be utilized to consider approval of the Preliminary and Final Development Plans for a Planned Unit Development:

   (a)   Preliminary Development Plan approval.

      (1)   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:

         A.   The Planning Commission shall review the preliminary development plan and accompanying documents and may request such review and comment by the Zoning Officer, Municipal Engineer, Municipal Administrator and other agencies, as may be necessary.

         B.   The Planning Commission shall approve, approve with conditions or deny the Preliminary Development Plan as submitted. The Planning Commission shall have the opportunity to table the hearing to provide time for the applicant to resolve outstanding issues, if necessary.

      (2)   At a minimum, the Planning Commission consideration for action shall include the following:

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

         B.   Whether the plan is consistent with the Concept Plan submitted and approved by the Planning Commission and Council.

         C.   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; and

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

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

   (b)   Final Development Plan approval.

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

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

         A.   The design, size, and use are consistent with the Preliminary Development Plan and with other applicable plans adopted by the Planning Commission or Council.

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

         C.   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 Zoning Officer's records.

      (3)   After approval of the Final Development Plan by the Planning Commission, submission and recording of appropriate subdivision plats with Hamilton County 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 Planning Commission approval of the Final Development Plan. If construction has not begun within the 12-month period, the PUD 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.

(Ord. 17-2013, passed 9-24-2013)

   An approved Planned Unit Development Concept Plan, Preliminary or Final Development Plan may be amended by following the procedures described in this chapter. However, minor adjustments in the Preliminary or Final Development Plans which become necessary because of field conditions, detailed engineering data, topography or critical design criteria pertaining to drives, curb cuts, retaining walls, swimming pools, tennis courts, fences, building locations and building configurations, parking area locations or other similar project particulars, may be authorized in writing by the Planning Commission. These minor adjustments may be permitted, provided that they do not increase density, decrease the number of parking spaces or allow buildings closer to residential property lines. Changes determined to be major shall require review and approval by the Municipal Council.

(Ord. 17-2013, passed 9-24-2013)

   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 Zoning Officer may, after notice, rescind, and revoke such plan approval. Violation of the final approval of the Final Development Plan for a PUD shall constitute violation of the Zoning Code.

(Ord. 17-2013, passed 9-24-2013)

   The applicant requesting a PUD shall make a non-refundable payment to the Municipality at the time of the initial application submittal in the form of a PUD filing fee as adopted by Council.

(Ord. 17-2013, passed 9-24-2013)