[Ord. No. 4, 2-3-2021]
(a)
Planned development districts shall be those for which the quality
of development shall be of primary concern for reasons that may relate
to unique characteristics and circumstances of geography, topography,
surrounding development, the special goals and objectives of the community,
and special factors pertaining to public health and safety, permanence
of buildings, aesthetics, and intrinsic as well as extrinsic values
of property.
(b)
The Planned Development District regulations and procedures
may apply to the development of parcels currently zoned planned development
or to presently open or vacant lands, and may apply to parcels of
relatively small size as well as large-scale development, depending
upon the nature of the proposed use and improvements and their relationship
with other surrounding uses and the overall characteristics of the
area in which located.
(c)
Planned development is intended to encourage innovations in
land development and renewal techniques so that the growing demands
of the community may be met with greater flexibility and variety in
type, design and layout of sites and buildings and by the conservation
and more efficient use of open spaces and other amenities generally
enhancing of urban life.
(d)
Application of planned development should also encourage a more
efficient use of land and of public or private services and utilities
and reflect the changes in the technology of land development so that
resulting economies may accrue to the benefit of the community at
large.
[Ord. No. 4, 2-3-2021]
(a)
A proposal for a planned development district may be made by
the Planning Board or its professional staff, or by the Common Council,
or by the Urban Renewal Agency, or by any other public body, public
benefit corporation, development agency or government; whether or
not actual development of the proposal is to be carried out by the
proponent or under sponsorship of the proponent.
(b)
Any person, corporation, partnership or association having an
ownership interest in a proposed district, or any group of owners
united in interest, acting jointly and in pursuant to any agreement
to carry out the proposal in separate ownership, may propose a planned
development district in accordance with the procedures hereinafter
established, where such individual owner or group of owners in making
such proposal intends to act as developer or sponsor of the development
if the proposal is adopted and indicates the requisite capabilities
to carry out such proposal.
(c)
A parcel, district or site proposed for planned development
need not be under single ownership where the proposed development
consists of a group of structures or improvements capable of being
developed separately but in accordance with a single, unitary plan,
and in which the separate owners indicate their express intentions
to enter into such private agreements between or among themselves
as will facilitate their mutual enterprise, and assure its completion
as planned to the satisfaction of the community.
[Ord. No. 4, 2-3-2021]
It is the intention of this article that proposals for planned
development be of such community significance and concern that they
be made at the early planning stage in order to allow time for full
evaluation and orderly processing, to consider alternative plans or
methods, to assess the full impact and consequences of the proposal,
to formulate modifications or conditions that may be necessary, and
to provide ample opportunity to determine the best means for implementation.
The Planning Board or the Common Council may, from time to time, promulgate
such guidelines, rules and regulations as may be deemed necessary
for the orderly presentation and processing of such proposal in addition
to those contained in this article, which guidelines may also establish
permanent or temporary priorities on the type, location, or scale
of development proposals.
(a)
All proposals for planned development district shall be submitted
directly to the Planning Board for site plan review through its planning
staff.
(b)
The professional planning staff, or planning consultant, as
the case may be, shall prepare a professional opinion regarding the
verification of data shown in the proposal, the proposal’s relationship
with the existing zoning and with the Master Plan, the possible effects
of the proposal upon the surrounding properties, the general harmony
with the essential character of the area, the aesthetic and design
qualities of the proposal, and such other factors or considerations
as may be appropriate in considering the merits of the proposal.
(c)
After hearing the proponent or proponents during the site plan
review process, the Planning Board shall consider the proposal and
make findings regarding the following:
(1)
That the proposal substantially conforms with the Master Plan
for the City, with regional comprehensive plans, and with other manifest
expressions of public development policy.
(2)
That there is a need for the proposed development in the proposed
location and that there is a reasonable probability of economic success
of the proposal.
(3)
That the existing character of the neighborhood will be adversely
affected and that adequate safeguards are provided to minimize possible
detrimental effects of the proposed use on adjacent properties and
on the neighborhood in general.
(4)
That there is ample provision for water supply, sanitary sewage
disposal, storm and surface water drainage and other utilities.
(5)
That there is adequate availability to schools, to police and
fire protection, to parks and recreational facilities and other community
facilities and public services.
(6)
That there are no social, economic or cultural consequences
likely to follow the proposed development which are not consistent
with desirable community standards or public policy.
(7)
That the location, height and bulk of buildings and structures
on the site are in proportion to each other and relate well to other
structures and visual perspectives in the vicinity.
(8)
That careful attention has been given to the patterns of pedestrian
circulation and to the effective use and design of open spaces, landscaping,
exterior facade and amenities.
(9)
That vehicular access is adequate to and within the site, that
parking and loading spaces are adequate and well located relative
to the uses and structures to be served, that there are no conflicts
between vehicular traffic and the other uses and activities proposed.
(10)
That the proposed installation of driveways, lighting, signs,
landscaping, fencing, screening, and other site details are generally
in harmony with the proposed structures, with adjacent properties,
with the rights and interests of the general public, and with the
design qualities and objectives suggested by this chapter and the
Planning Board.
(d)
Upon submission to the planning staff of all final plans and
specifications for the development, the matter shall be placed on
the agenda of the Planning Board at its next regular meeting.
(e)
In considering the final plans and specifications for a development
in a planned development district, the requirements for lot area,
lot width, building coverage, building heights and other bulk, density
or parcel specifications of this chapter, or the other physical requirements
of this chapter shall be observed as general guidelines, and may be
more or less restrictive in accordance with the recommendations of
the planning staff, or planning consultant, or in accordance with
criteria or guidelines promulgated or adopted from time to time by
the Planning Board.
(f)
The Planning Board may adopt its appropriate resolution recommending
to the Common Council that the parcel be rezoned to the designated
planned development district and shall transmit such resolution and
the other supporting materials relating to the proposal, including
the professional opinion, to the Common Council. The resolution may
contain conditions, restrictions or limitations that the Planning
Board may deem requisite to its recommendation in addition to the
conditions, restrictions or limitations provided in this chapter.
(g)
In the event that the Planning Board declines to recommend rezoning,
or in the event that the Planning Board does not act upon the proposal
within a period of 45 days after the date that full submissions is
made to the planning staff, the proponent may submit the proposal
directly to the Common Council with a request that the said Common
Council consider the proposal upon its own motion. The proponent shall,
in such instance, make full disclosure to the Common Council of the
reasons for Planning Board failure or refusal to approve. Before taking
final action upon such proposals, the Common Council shall hear and
consider any statements or opinions of the Planning Board as to the
merits of the proposal or reasons for its failure or refusal to approve.
[Ord. No. 4, 2-3-2021]
(a)
Upon receipt of a resolution of the Planning Board recommending
a zone change by amendment, the Council shall proceed in accordance
with the amendment provisions of this chapter.
(b)
Referral to the Planning Board of the proposed amendment shall
be deemed waived unless a substantial change in the proposal shall
occur after date of the Planning Board recommendation.
[Ord. No. 4, 2-3-2021]
In the event that development authorized by the Planning Board
in a planned development district has not been commenced and diligently
prosecuted within 24 months from the date when the final plans and
specifications were approved by the Planning Board; then and in that
event the Planning Board shall notify the Common Council of the dates
of such events and the Common Council shall immediately upon its own
motion institute an amendment to rezone such planned development district
back to the previous zoning district designation in accordance with
the procedures as set forth in this chapter; except that the one-year
limitation provided above may, upon written application by the proponent
or developer stating reasons or excuse for delay, be extended by the
Common Council for such additional periods of time as it deems appropriate.
[Ord. No. 4, 2-3-2021]
(a)
Any change or amendment to an approved planned development district
may be referred to the Planning Board for site plan review at the
discretion of the Department of Urban and Economic Development.
(b)
Any change or amendment to an approved planned development district
which is not determined to be exempt from site plan review by the
Department shall be reviewed by the Planning Board and shall not become
effective until approved by ordinance of the Common Council.
(c)
Any changes that are determined to be exempt from site plan
review may be approved pursuant to this chapter and do not require
further approval by the Common Council.
