Planned residential developments may be permitted in S-1 and S-2 Conservancy Districts and in R-1, R-2 and R-3 Residential Zoning Districts in the City, subject to the restrictions, qualifications and requirements cited in this article, as enumerated herein below. Provisions of this chapter and Chapter
260, Subdivision and Land Development, concerned with dwelling type, bulk, density and open space shall not be applied except for the single family portions of a PRD, when planned residential development proposals are reviewed and approved and except when specifically indicated by the provisions contained in this article. Planned residential developments shall be shown on Official Zoning Map after being given tentative approval and certified by Council.
After the preliminary development plan is granted tentative
approval by the Planning Commission, the developer shall thereafter
submit detailed plans for any part or section of the land for which
he desires approval. The Planning Commission shall review the detailed
plans to determine if they comply with this section and with the overall
plan originally submitted by the developer. No zoning or building
permit shall be issued until after approval by the Planning Commission
of the detailed plans for the section in which the proposed development
is located. Approval of any detailed plans shall lapse unless more
than token construction is started in that section within one year.
No legal or equitable conveyance of land or buildings within the development
may be made until the developer has complied with all applicable City
ordinances.
A. In the event the application for final approval has been filed, together
with all drawings, specifications and other documents in support thereof,
and as required by the official written communication of tentative
approval, the Planning Commission shall, within 30 days of such filing,
grant such development plan final approval.
B. The final development plan shall be deemed in substantial compliance
with the preliminary development plan, provided modification by the
applicant does not involve a change of one or more of the following:
(1) Violate any provision of this article.
(2) Vary the lot area requirement by more than 10% the amount specified
on the approved preliminary development plan.
(3) Involve a reduction of more than 10% of the area reserved for the
common open space and/or usable open space as specified on the approved
preliminary development plan.
(4) Increase the floor area proposed for nonresidential use by more than
10% the area specified on the approved preliminary development plan.
(5) Increase the total ground area covered by buildings by more than
5% of the amount specified on the approved preliminary development
plan.
C. Minor changes in the location, siting and height of buildings and
structures may be authorized by the Planning Commission without additional
public hearings if required by engineering or other circumstances
not foreseen at the time the final plan was approved. No change authorized
by this subsection may cause any of the following:
(1) A change in the use or character of the development.
(2) An increase in overall coverage of structures.
(3) An increase in the intensity of use.
(4) An increase in the problems of traffic circulation and public utilities.
(5) A reduction in approved open space.
(6) A reduction of off-street parking and loading space.
(7) A reduction in required pavement widths.
D. In the event the development plan, as submitted, contains variations
from the development plan given tentative approval, the Planning Commission
may refuse to grant final approval and shall within 30 days from the
filing of the application for final approval so advise the landowner
in writing of such refusal, setting forth in such notice the reasons
why one or more of such variations are not in the public interest.
In the event of such refusal, the landowner may either:
(1) Refile his application for final approval without the variations
objected; or
(2) File a written request with the Planning Commission that they hold
a public hearing on this application for final approval. If the landowner
wishes to take either such alternate action he may do so at any time
within which he shall be entitled to apply for final approval, or
within 30 additional days if the time for applying for final approval
has already passed at the time when the landowner was advised that
the development plan was not in substantial compliance. In the event
the landowner fails to take either of these alternate actions within
such time, he shall be deemed to have abandoned the development plan.
Any such public hearing shall be held pursuant to public notice within
30 days after request for the hearing is made by the landowner, and
the hearing shall be conducted in the manner prescribed in this article
for public hearings on applications for tentative approval. Within
30 days after the conclusion of the hearing, the Planning Commission
shall by official written communication either grant final approval
to the development plan or deny final approval. The grant or denial
of final approval of the development plan shall, in cases arising
under this section, be in compliance with the provisions of Act 247,
§ 709.
E. A development plan, or any part thereof, which has been given final
approval shall be so certified without delay by Council and shall
be filed of record forthwith in the office of the County Recorder
of Deeds before any development takes place in accordance therewith.
Unless the development plan or part thereof is so recorded, no construction
shall commence on the project site. Upon the filing of record of the
development plan, the zoning and subdivision regulations otherwise
applicable to the land included in such plan shall cease to apply
thereto. Pending completion within a reasonable time of such planned
residential development or of that part thereof, as the case may be,
that has been finally approved, no modifications of the provisions
of such development plan, or part thereof, as finally approved, shall
be made except with the consent of the landowner.
F. In the event that a development plan, or a section thereof, is given
final approval and thereafter the landowner abandons such plan or
the section thereof that has been finally approved, and so notifies
the Planning Commission in writing; or, in the event the landowner
fails to commence and carry out the planned development within the
schedule projected and approved in the application for tentative approval,
or such amendment as subsequently mutually agreed to by the landowner
and the Planning Commission, no development or further development
shall take place on the property included in the development plan.
G. If the sequence of construction of various portions of the development
is to occur in stages, then the open space and/or recreational facilities
shall be developed, or committed thereto, in proportion to the number
of dwelling units intended to be developed during any given stage
of construction as approved by the Planning Commission. Furthermore,
at no time during the construction of the project shall the number
of constructed dwelling units per acre of developed land exceed the
overall density per acre established by the approved final development
plan.