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Section 1203.04    Planned Developments

  1. Applicability
    Planned Developments may be approved in any zone district in which the zone
    district regulations (see Chapter 1205) expressly permit such projects, subject to the
    standards set forth in Section 1204.02 of this Code, and the approval procedures set
    forth in this Section.

  2. Consolidation with Subdivision Approval
    The applicant shall consolidate an application for Preliminary PD Plan approval with
    an application for preliminary subdivision plan approval, and shall consolidate an
    application for Final PD Plan approval with an application for final subdivision plat
    approval. Such consolidated application shall be submitted in a form that satisfies
    both the planned development requirements of this Code and the provisions,
    including submittal requirements, governing subdivisions. The time frame and
    approval process for the consolidated PD/subdivision application shall follow the
    time frame and approval process set forth in this section. An approved Final PD Plan
    shall be recorded as the final subdivision plat.

  3. Procedures for Approval of a Preliminary PD Plan
    Planned Developments, similar to subdivisions, are first approved in preliminary
    form, and then approved in final form. Applications for approval of a Preliminary
    PD Plan shall follow the core development approval process set forth in Section
    1203.02 of this Chapter, except for the following modifications:
    1. Step 1: Pre-Application Conceptual Review Meeting. A pre-application
      conceptual review meeting shall be mandatory for all persons intending to
      submit an application for approval of a Preliminary PD Plan.

    2. Step 4: Planning Commission Action. The PC's role shall be to review all
      applications for Preliminary PD Plans and make a recommendation to the
      City Council to either approve, approve with conditions, or deny the
      application based on its compliance with the standards set forth in Section
      1203.04(e) below. If the PC recommends approval of an application with
      conditions, before proceeding to Step 5, City Council Review and Action, the
      applicant shall resubmit to the PC a revised Preliminary PD Plan that reflects
      any changes or modifications required or suggested by the PC in its initial
      review. Within sixty (60) days of receipt of the revised Preliminary Planned
      Development plan, the PC shall complete its review and take action by
      recommending to the City Council that the application and PD Plan as
      revised either be approved with the prior conditions in place or denied.

  4. Procedures for Approval of a Final PD Plan
    A Final PD Plan may cover the entire area covered by the Preliminary PD Plan, or it
    may include only a phase or phases of the Preliminary PD Plan. Applications for
    approval of a Final PD Plan shall follow the core development approval process set
    forth in Section 1203.02 of this Chapter.

  5. Standards for Review
    All applications for Planned Developments shall demonstrate compliance with the
    requirements and review standards set forth in Section 1204.02 of this Code.

  6. Effect of Approvals
    1. Effect of Approval of a Preliminary PD Plan.
      1. An approved Preliminary PD Plan shall be valid for a period of
        twelve (12) months from the date of the City Council's action.
      2. Application for approval of a Final PD Plan for all or any phase of
        the Preliminary PD Plan may be made at any time within the twelvemonth
        period. An approved application for a Final PD Plan for any
        phase or portion of the Preliminary PD Plan shall extend the life of
        the Preliminary PD Plan for an additional twelve (12) month period
        from the date the Final PD plan is approved. If the original or any
        successive twelve (12) month period expires before a completed
        application for Final PD Plan approval is submitted, unless a different
        time frame is specified in the development agreement, the
        Preliminary PD Plan approval shall automatically lapse and be null
        and void and all of the area included in the preliminary plan for
        which final PD approval has not been given shall be subject to the
        zoning and subdivision regulations otherwise applicable to them.
      3. During the period an approved Preliminary PD plan is effective, no
        subsequent change or amendment to this Code or any other governing
        ordinance or plan shall be applied to affect adversely the right of the
        applicant to proceed with any aspect of the approved development in
        accordance with the terms of such Preliminary PD Plan approval,
        except that the applicant shall comply with those local laws and
        regulations adopted subsequent to the approval of such Preliminary
        PD Plan if the City Council determines, on the basis of written
        findings, that compliance is reasonably necessary to protect the
        public health, safety, or welfare.

    2. Effect of Approval of a Final PD Plan.
      1. An approved Final PD Plan shall be valid for a period of two (2)
        years from the date of the Planning Commission=s action.
      2. During the period an approved Final PD Plan is effective, no
        subsequent change or amendment to this Code or any other governing
        ordinance or plan shall be applied to affect adversely the right of the
        applicant to proceed with any aspect of the approved development in
        accordance with the terms of such Final PD Plan approval, except
        that the applicant shall comply with those local laws and regulations
        adopted subsequent to the approval of such Final PD Plan if the City
        Council determines, on the basis of written findings, that compliance
        is reasonably necessary to protect the public health, safety, or
        welfare.
      3. Within the two-year period, the developer shall:
        1. Record the Final PD Plan as the final subdivision plat; and
        2. Undertake substantial construction of at least the first phase of the PD development.
          If these actions are not completed within the two-year time period,
          such Final PD Plan shall automatically lapse and become null and
          void. All of the area included in such Final PD Plan shall be subject
          to the zoning and subdivision regulations otherwise applicable to
          them.

  7. Applications
    Applications for Preliminary and Final Planned Development Plans shall be
    submitted to the City Manager upon such forms as approved by the City Manager.

  8. Submittal Requirements
    See Appendix A for submittal requirements for applications for Preliminary and
    Final Planned Developments.

  9. Modifications of Final PD Development Plan
    1. Minor modifications of the final PD development plan may be authorized by
      the City Manager as set forth in Section 1203.08, "Minor Modifications."

    2. Any change that does not qualify as a minor modification as set forth in
      Section 1203.08 shall be considered amendments and shall be processed in
      accordance with the procedure for approval of a Preliminary PD Plan.