Section 127. Planned Unit Development.
I. Short Title. Section 127 shall be known as the Planned Unit Development (hereinafter referred to by the acronym PUD) overlay zone of the Hillsboro Zoning Ordinance. (Amended by Ord. No. 3424/9-83.)
II. Purpose. The purposes of the Planned Unit Development Overlay zone are to provide a means to create planned environments through the application of flexible standards which allow for the application of new techniques and living arrangements; facilitate the efficient use of land; promote an economic arrangement of land uses, buildings, circulation systems, open space and utilities; preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure that can relate the type and design of a development to a particular site; encourage development that recognizes the relationship between buildings, their use, open space, and accessways, thereby increasing the opportunities for innovative and diversified living, shopping, and working environments; permit Mixed Use Developments; and permit a mix of industrial and commercial uses in a high quality setting on large sites designated Industrial or Commercial by the Hillsboro Comprehensive Plan Map; where the applicant can demonstrate that the site is subject to a master development plan which addresses issues such as development quality, landscaping, traffic and pedestrian circulation, parking and general maintenance standards through developer-recorded covenants, conditions and restrictions. (Amended by Ord. No. 3889/12-89 and by Ord. No. 4223/4-94.)
III. Standards and Criteria. The following standards and criteria shall govern the application for a PUD within the City: (Amended by Ord. No. 3424/9-83.)
A. The use (or uses) proposed is (are) consistent with the goals and policies of the Hillsboro Comprehensive Plan. (Amended by Ord. No. 4223/4-94.)
B. The tract or tracts of land included in a proposed PUD must be in a single ownership or under the development control of a joint application of owners or authorized agents of the property involved. (Amended by Ord. No. 3424/9-83.)
C. (Deleted by Ord. No. 5269/5-03)
D. Any proposed development subject to the PUD process within the City of Hillsboro, which meets the definition of “development” as contained in Chapter 1 Section 1.02.15 of the Washington County Clean Water Service’s Construction Standards and Regulations Pertaining to the Sanitary Sewerage and Storm and Surface Water Management Systems, including Regulations for Erosion Control and Protection of Water Quality Sensitive Areas, shall be reviewed for compliance with, and shall comply with the applicable provisions of Chapter 3, Standard Design Requirements for Storm and Surface Water of the CWS’s Construction Standards and Regulations for Sanitary Sewerage and Storm and Surface Water Management Systems. (Added by Ord. No. 4982/12-00.)
E. The allowable residential density shall be established for the subject property, using the net residential acreage as defined in Section 3. Allowable residential density for projects located within or partially within the SNRO District shall be calculated pursuant to Section 131A (14) and (15).
An increase in density above the maximum density allowed in the implementing zone of the underlying Comprehensive Plan designation may be proposed and can be permitted. The applicant must mitigate increased density, and the level of mitigation shall increase as the proposed density increases. At a minimum, the applicant must explain how the increase can be
offset through provision of usable open space and amenities, innovative site design, architectural variety, and quality of construction and demonstrate that any adverse impacts can be mitigated.
Pursuant to Comprehensive Plan Natural Resources, Open Space, Scenic and Historical Sites Policy (E) (5), in a proposed PUD containing Significant Natural Resource Sites, as shown on the SNRO District Map, the allowable densities shall be reduced within the Significant Natural Resources Overlay District, and may be transferred from the Significant Natural Resources Overlay District to the remainder of the site, as specified in Section 131A. Density reductions and transfers may be allowed in the Tualatin Basin regional Goal 5 Program’s Habitat Benefit Areas that are not within the Significant Natural Resource Overlay District.
(Amended by Ord. Nos. 3451/3-84; 4337/8-96; 5269/5-03; 5729/3-07 and 5778/8-07)
F. Building and parking area setbacks, minimum lot area, lot coverage and building height must conform to the requirements of the zone underlying a majority of the PUD unless a deviation is proposed, considered and approved as a part of the application process. Any such deviation must be justified by the applicant by addressing the exceptions criteria of subsection (K) below. Deviations to lot areas and building setbacks which would reduce such dimensions below the minimum of any applicable mandatory variation range of the zone shall not be allowed, although increases in numbers of lots or structures with reduced dimensions may be allowed. Such deviation shall only be approved if the Planning Commission finds that the proposal conforms to the exceptions criteria of subsection (K) below. Lotting patterns, setbacks, and architectural design shall conform to the intent of the current Development Standards and Design Guidelines adopted under Subdivision Ordinance Article VII. (Amended by Ord. Nos. 3424/9-83; 3889/12-89 and 5778/8-07.)
G. Parking shall be provided at a minimum ratio of 2.5 spaces per dwelling unit and as specified in Section 84 for other types of uses. The number of spaces may be reduced to 2 spaces per dwelling unit if the PUD is wholly served with a fully improved public street system including on-street parking on at least one side. Further reductions in the amount of parking to be provided may be proposed by the applicant but shall be approved only if they meet the exceptions criteria of Subsection (K) below. Lotting patterns, setbacks, and architectural design shall conform to the intent or the current Development Standards and Design Guidelines adopted under Subdivision Ordinance Article VII. (Amended by Ord. Nos. 3424/9-83, 3889/12-89, and 5778/8-07.)
H. Residential PUDs in all non-light rail zones shall provide usable open space within the project based on the gross acreage of the project, as shown in the following table:
Project Gross Acreage
Required Usable Open Space
1.01 to 5.0
5.01 to 15.0
15.01 to 25.0
25.01 to 50.0.
- Maintenance of private open space and other PUD facilities, such as private streets, shall be the responsibility of the Homeowners’ Association created in accordance with Oregon Revised Statutes.
- Usable open space in residential PUDs shall be sited and improved to provide active recreational and “third place” amenities intended to provide appropriate opportunities for physical activity and interaction among residents within the development. Except where inventoried Significant Natural Resources, 100-year floodplain, or delineated wetlands are present on site, 100% of the required usable open space area shall be improved for active recreational and “third place” use.
- Usable open space in residential PUDs may include passive recreational areas only where inventoried Resource Level 1, 2, or 3 Significant Natural Resources, 100-year floodplain, or delineated wetlands and wetlands buffers are present on site. Such areas or portions thereof may be counted toward the usable open space under the following standards:
a) public accessways and covered viewing areas are provided;
b) only that portion of the inventoried Significant Natural Resources, 100-year floodplain, or delineated wetlands and wetlands buffer area visible from the viewing area is applicable toward the requirement.
c) the entire area is enhanced pursuant to Clean Water Services standards and the requirements of Section 131A if applicable; and
d) the visible inventoried Significant Natural Resources, 100-year floodplain, or delineated wetlands and wetlands buffers will not count for more than 25 percent of the required usable open space.
- Development within areas designated as Town Centers or Main Streets on the Hillsboro 2040 Growth Concept Boundaries Map shall provide usable open space improvements which enhance the pedestrian environment and are appropriate to these higher density urban areas. Such improvements may include, but are not limited to, the following: hardscaped courtyards; weather canopies; water features and drinking fountains; benches or low walls with seating areas; free-standing planters; play structures; public art or other pedestrian space or design features integrated into the overall design of the development.
(Section H amended by Ord. No. 3424/9-83 and 5778/8-07.)
I. Connectivity. Planning Unit Developments shall provide vehicular, bicycle and pedestrian connections to adjacent and nearby residential areas, transit stops, neighborhood activity centers and other neighborhood facilities in the following manner:
1. In PUDs that are 5 acres or more in size, full street connections with spacing of no more than 530 feet between these connections shall be provided except where barriers such as topography, railroads, freeways, pre-existing development, or regulations implementing Title 3 of the adopted Metro Urban Growth Management Functional Plan or City Goal 5 Resource Protection requirements prevent their construction or required different street connection standards.
2. Within PUDs in which full street connections are not possible, bicycle and pedestrian connection on public easements or rights-of-way shall be provided with spacing of no more than 330 feet between connections except where barriers such as topography, railroads, freeways, pre-existing development, or regulations implementing Title 3 of the adopted Metro Urban Growth Management Functional Plan or City Goal 5 Resource Protection requirements prevent their construction.
3. In PUDs, opportunities to incrementally extend and connect proposed new streets with existing streets in adjacent or nearby areas shall be considered in addition to addressing street connectivity recommendations shown on the Local Street Connectivity Maps contained within the City's Transportation System Plan.
4. The use of cul-de-sac designs and closed street systems shall be limited to circumstances in which barriers such as topography, railroads, freeways, pre-existing development or regulations implementing Title 3 of the adopted Metro Urban Growth Management Functional Plan or City Goal 5 Resource Protection requirements prevent full street extensions. When permitted, cul-de-sacs shall have a maximum length of 200 feet and shall serve no more than 25 dwelling units.
5. Narrow street designs for local streets may be permitted with city engineer approval, provided that other minimum dimensional requirements are met for travel lanes, bike lanes, parking lanes and sidewalk widths.
(Added by Ord. No. 4902/5-00.)
6. Where site conditions are favorable to stormwater infiltration “green streets” designs may be utilized. In these cases, deviation from the street standards contained in Transportation Implementation Measure O and shown on the adopted street cross-sections may be permitted by the City. Permissible design elements and facilities include, but are not limited to, minimizing paving and/or using pervious paving materials, maximizing street tree coverage, using multi-functional open drainage systems in lieu of more conventional curb-and-gutter systems, reducing cul-de-sac radii and using vegetated islands in the center, and minimizing the negative effects of stream crossings.(Added by Ord. No. 5729/3-07)
J. Development of a PUD designated Industrial or Commercial on the Hillsboro Comprehensive Plan Map may allow mixed industrial and commercial uses subject to the following:
1. The site proposed for the PUD is not less than twenty (20) gross acres in size.
2. A minimum of 60 percent (60%) of the land area subject to the PUD shall be devoted to uses allowed by the Hillsboro Comprehensive Plan Map and Zoning Ordinance for the property subject to the PUD. Where a proposed PUD retail commercial use is not allowed by the Hillsboro Comprehensive Plan Map and Zoning Ordinance, no multi-tenant or multi-user retail commercial facility or structure under common ownership or common control in an industrial PUD may be developed at a gross square footage in excess of 15,000 square feet.
3. The PUD preliminary Master Plan shall indicate the approximate size, general location, and character of use of all areas of the site which the applicant designates for uses other than those allowed by the Hillsboro Comprehensive Plan Map and Zoning Ordinance.
4. The PUD preliminary Master Plan shall be submitted accompanied by a set of proposed Covenants, Conditions and Restrictions which the applicant commits to record with respect to the PUD site, if the PUD is approved by the City. The Covenants, Conditions and Restrictions shall incorporate appropriate provisions for the establishment and maintenance of long-term PUD site development standards, including enforcement mechanisms designed to assure coherent, coordinated development, maintenance and use activity with the PUD site.
5. The uses within the PUD which are not allowed by the Hillsboro Comprehensive Plan and Zoning Ordinance shall be consistent with the Purposes of the PUD overlay zone as set forth in Section II above.
(Added by Ord. No. 3889/12-89.)
K. Exceptions. (Amended by Ord. Nos. 3424/9-83, 3889/12-89, 4689/7-98 and 5729/3-07.)
1. Building Setback or Yard Requirements. The Planning Commission may grant an exception to the dimensional building setback or yard requirements of the applicable standards based on findings that the approval will result in the following:
a. No adverse affect to adjoining properties in terms of light, air circulation, noise levels, privacy, and fire hazard.
b. At least one of the following:
(1) a more efficient use of the site;
(2) the preservation of natural features or Habitat Benefit Areas which have been incorporated into the overall design of the project;
(3) safe vehicular and pedestrian access to the site and safe on-site vehicular and pedestrian circulation.
In the instance where adjoining properties to the Planned Unit Development are zoned residential, all structures within the PUD shall be set back from adjoining properties to the minimum setback or yard required of the underlying zone. In addition, the length of a driveway in front of a garage or carport shall not be less than 17 feet when the driveway is intended to be used as parking and not greater then four feet when the driveway is not intended to be used for parking. (Added by Ord. No. 4689/7-98.)
2. Building Height. The Planning Commission may grant an exception to the applicable height requirements for a specified and defined area within the PUD, based on findings that: (Added by Ord. No. 3889/12-89.)
a. The transportation system can accommodate increased traffic resulting from additional height; and
b. Adequate public utilities are available to serve the additional structural height; and
c. The proposal complies with the Federal Aviation Administration's Aviation Regulations (FAR) Part 77; and
d. Solar access is maintained to existing solar energy devises on adjacent property.
3. Parking. The Planning Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements of the applicable standard based on findings that the approval will result in one of the following: (Amended by Ord. No. 3889/12-89.)
a. An exception which is not greater than ten percent of the required parking.
b. At least one of the following:
(1) a proposed use which is designed for a specific purpose, is intended to be permanent in nature (for example, a nursing home), and has a low demand for off-street parking;
(2) an opportunity for sharing of parking including written evidence that the property owners will enter into a binding legal agreement;
(3) public transportation is available to the site.
4. Open Space. The Planning Commission may grant an exception to the Open Space requirements of this Section upon a finding that:
a. The development is within ¼ mile (measured in actual walking distance) of a publicly accessible active open space area such as a public park; or
b. a minimum of 800 square feet of private open space per lot or dwelling unit is provided for at least 65 percent of the lots or dwelling units in the development. To apply toward this exception, such private individual open space must be configured in contiguous side or rear yards with minimum depths or widths of 10 feet. Second story decks or roof gardens may also apply toward the 800 square foot standard, provided that the decks or gardens are at least 120 contiguous square feet in area.
5. Density. The Planning Commission may grant an exception to allow an increase from the maximum density of the underlying zone, up to a maximum of 120 percent of the underlying density, upon finding that: (Added by Ord. No. 5778/8-07)
a. existing and proposed streets and pedestrian / bicycle systems within and connecting to the development are adequate to support the proposed density;
b. existing and proposed water, sanitary sewer and storm drainage facilities within and connecting to the development are adequate to support the proposed density;
c. the increase does not necessitate unnecessary topographic alterations or impact significant natural resource areas, including impact areas;
d. the development will provide usable open space and other amenities of exceptional quality or quantity, especially active recreational areas;
e. the additional density will be located internal to the project in a manner which decreases the visual impact on adjacent properties; and
f. the development demonstrates innovative site design, outstanding architectural variety, and quality of construction.
g. the development demonstrates a high level of compliance with habitat friendly, low impact development practices as listed in Zoning Ordinance Section 131B.
h. the development demonstrates a high level of compliance with recognized practices for sustainable development, including but not limited to the following: lot and structure orientation for passive and/or active solar energy use; covenants ensuring maintenance of future solar access; use of wind turbines or wind collectors for power generation or passive ventilation; provision of community greenhouses, gardens, or orchards; use of water conserving landscaping; use of storm water harvesting or diversion for irrigation; enhanced tree plantings; and use of green roofs.
(Subsection 5 Added by Ord. No. 5778/8-07)
L. Significant Natural Resource Sites.
Pursuant to Comprehensive Plan Natural Resources, Open Space, Scenic and Historical Sites Policy (E), applications for proposed PUD's containing Significant Natural Resource (SNR) Sites, as shown on a the Significant Natural Resources Overlay District Map, shall specifically address preservation of natural vegetation and wildlife habitat within the SNR Site. Applications for PUD's in the SNRO District shall be subject to the provisions in Section 131A. Preservation of Habitat Benefit Areas not within the SNRO District shall be addressed.
(Added by Ord. No. 4337/5-95 and Amended by Ord. No. 5269/5-03 and 5729/3-07)
IV. Preliminary Application. (Amended by Ord. No. 3424/9-83.)
A. Pre-application conference. Prior to filing an application for preliminary plan consideration, the applicant is encouraged to hold a pre-application conference with the Planning staff to discuss the proposed PUD.
B. Application. An application, with the required fee established in Section 129, for preliminary plan approval shall be made by the owner(s) of the affected property, or the owner's authorized agent, on a form prescribed by and submitted to the Planning Department. The applicant shall submit 25 copies of each item listed below:
1. A completed application.
2. A narrative addressing the standards and criteria established in Section III above, including documentation and justification for any exceptions requested.
3. A site analysis drawn at suitable scale (in order of preference 1" = 30' or 1" = 100') which, on one or more sheets shows the following:
a. a vicinity map showing the location of the property in relation to adjacent properties, roads, pedestrian and bikeways, transit stops, utility lines and easements;
b. the parcel boundaries, dimensions and gross area;
c. contour lines at the following minimum intervals:
(1) 2-foot intervals for slopes from O - 25%,
(2) 5-foot intervals for slopes over 25%;
d. the drainage patterns and drainage courses on the site and on adjacent parcels;
e. areas of the site within the 100-year floodplain, including a figure giving the area of the site therein;
f. resource areas of the site including marsh, wetland, and wildlife Habitat Benefit Areas; (Amended by Ord. No. 5729/3-07)
g. significant site features, including areas with unique views, streams, and stream corridors;
h. the location, size, and variety of trees having a 6" or greater caliper at 5' above ground or, where the site is heavily wooded, an aerial photograph at the same scale as the site analysis and a drawing showing the location, size, and variety of only those trees that will be affected by the proposed development;
i. identification information including the name, address, and phone number of the owner, developer, and project designer;
j. a north arrow and the scale.
4. A geotechnical investigation report which shows the following: slope stability studies, on-site site grading, cutting and filling; structural foundation requirements; surface and subsurface drainage recommendations; erosion vulnerability; building or grading limitations, including top of slope offsets and areas restricted for site grading; recommendations for construction of streets, utilities, and structures of the site; and identification of any portions of the site requiring further evaluation by a geotechnical or structural engineer. Unless the Planning Director determines that a geotechnical investigation is warranted due to site-specific characteristics, projects meeting all of the following criteria are exempt from this requirement:
(a) construction value of the project is $150,000 or less; and
(b) the project will not involve the import, export, and/or on-site movement of more than 100 cubic yards of earth; and
(c) there is no evidence of any previous fill on the site to a depth exceeding one foot; and
(d) the project does not include proposed cuts or fills on the site to a depth exceeding one foot; and
(e) no portion of the site has a slope in excess of ten percent (10%).
(Added by Ord. No. 4893/3-00.)
5. A site plan, drawn at the same scale as the site analysis, which, on one or more sheets, shows the following:
a. the applicant's entire property and the surrounding property to a distance sufficient to determine the relationship between the applicant's property and proposed development and adjacent property and development;
b. boundary lines and dimensions for the perimeter of the property and approximate dimensions for all proposed lot lines;
c. section lines, corners, and monuments;
d. identification information, including the name, address, and phone number of the owner, developer, and project designer;
e. the scale and north arrow;
f. the location, dimensions and names of all
(1) existing and platted streets and other public ways and easements on adjacent property and on the site,
(2) proposed streets or other public ways, easements on the site and on adjoining property;
g. the location, dimensions, and setback distances of all:
(1) existing structures, improvements, utility, and drainage facilities on adjoining properties,
(2) existing structures, improvements, utility and drainage facilities to remain on the site,
(3) proposed structures and improvements and conceptual plans for utilities, fire suppression and drainage facilities on the site;
h. the location and dimensions of
(1) the entrances and exits to the site,
(2) the parking and circulation areas,
(3) pedestrian and bicycle circulation patterns,
(4) on-site outdoor recreation spaces and common areas,
(5) above-ground utilities;
i. the location of areas to be landscaped;
j. the location and type of street lighting;
k. the orientation of structures, except single-family detached structures and duplexes, also showing the orientation of windows and doors;
l. the location of group mail boxes.
6. Architectural drawings including proposed building elevations, sections, and floor plans, except for detached single-family and duplex dwelling units;
7. Written statements as called for and a grading and drainage plan at the same scale as the site analysis, addressing the following:
a. the location and extent to which grading will take place indicating general contour lines, slope ratios, and slope stabilization proposals;
b. a statement from a registered engineer supported by factual data that all drainage, both upstream and on the site, can be accommodated, and the amount and rate of run-off leaving the site is minimized;
c. a plan, where on-site detention is not feasible, which identifies and mitigates any off-site adverse effects resulting from increased runoff; the plan shall be prepared by a registered engineer.
d. identification information, including the name and address of the owner, developer, project designer, and the project engineer.
8. A landscape plan, drawn at the same scale as the site plan, which on one or more sheets shows:
a. the location of the underground irrigation system or hose bibs (a general description of maintenance of landscaped areas may be submitted where no irrigation system is proposed);
b. the location and height of fences and other buffering or screening materials;
c. the location, size, and species of the existing and proposed plant materials;
d. the location, size, and variety of the trees to be removed.
9. The following information regarding proposed signage:
a. freestanding sign(s)
(1) the proposed location of any freestanding signs shall be shown on the site plan;
b. on-building sign(s)
(1) the location of any on-building sign shall be shown on the architectural drawings of the building,
(2) the plot plan shall show the location of the signs on the building in relation to adjoining property;
c. sign installation
(1) a drawing to scale shall be submitted to and approved by the Planning Commission showing the dimensions, height, color, materials and means of illumination of each sign prior to its placement on the property;
10. A map showing how proposed street, sidewalks, bike routes and bike ways and pedestrian connections within the proposed planned unit development may be extended onto adjoining undeveloped properties so as not to preclude their efficient development. (Added by Ord. No. 4902/5-00.)
11. A connectivity analysis prepared by an architect, engineer or other appropriate professionals licensed by the State of Oregon which describes the existing and future vehicular, bicycle and pedestrian connections between the proposed planned unit development and existing and planned land uses on adjacent properties. (Added by Ord. No. 4902/5-00.)
12. The applicant shall submit either: 1) a determination by USA that Site Assessment is not necessary or 2) USA Service Provider Letter. (Added by Ord. No. 4982/12-00.)
13. Site plans, street and driveway cross-sections, landscaping and open space plans, fence and wall plans, street tree plans, and building elevations documenting compliance with the intent of any applicable development standards and design guidelines adopted by the City Council or the Planning Commission pursuant to Subdivision Ordinance Article VII. (Added by Ord. No. 5778/8-07.)
14. An applicant for a project or phase of a multi-phase project that is one or more gross acres in size or which is forecast to generate one hundred (100) or more average daily auto trips, shall submit as a part of the Planned Unit Development application a traffic impact report. The report shall analyze the impact of the project or phase of a project on the City, County and State road and street systems within one (1) mile of the borders of the project or phase of a project, or to such greater distance as necessary until the traffic analysis shows that the impact of the project or phase of a project has dissipated to where it no longer results in an impact of ten percent (10%) or more over current conditions. Such report shall be prepared and certified by a registered traffic engineer. The required report shall comply with the standards listed below:
The report methodology shall generally be in accord with the standards and procedures set forth in Washington County Resolution and Order 86-95 and related code provisions. The report shall distinguish between traffic safety improvements found necessary due to the impacts of the project or phase of a project, and roadway capacity improvements necessary because of the traffic volume generated by the project or phase of a project. The engineer shall include an estimate of the rough proportionality of the identified safety improvements to the estimated impact of the project or phase of a project, and may include a cost-effectiveness analysis for all traffic safety problems and potential solutions identified by the study.
The general performance standards for transportation facilities (as measured for both intersection and roadway segments) shall be the Level of Service (“LOS”) measurements shown in Table 137.4. In determining LOS, the report shall utilize the method prescribed in the latest edition of the Highway Capacity Manual published by the Transportation Research Board.
(Added by Ord. No. 5892/12-08.)
C. Referral. The Planning Department shall forward copies of the preliminary plans and required supportive material to affected City, County, or other public agencies, requesting comments within 15 days. Written comments or a request for extension must be submitted to the Planning Department by those contacted within 15 days. Failure to respond or request an extension by those contacted will be deemed as not objecting to the proposal as submitted.
D. Pre-hearing conference. Prior to preparation of staff notes, either City staff, others contacted for comment, or the applicant may request through the Planning Department a meeting between the applicant and representatives of interested agencies or departments to discuss the proposal and attempt to resolve concerns.
E. Public hearing. Prior to approval, denial, or postponement of a decision regarding preliminary plans, a public hearing shall be conducted by the Planning Commission. Unless an extension for good cause is approved by the Planning Director, the hearing shall be held within 40 days after receipt by the Planning Department of all required application materials and the fee.
F. Notice of Hearing. The Planning Department shall give notice of the time, date, and place of the public hearing on the preliminary application in accordance with the notification procedure set forth in Section 116 hereof.
G. Decision. The granting or denial of a preliminary application by the Planning Commission shall be in the form of a written order which shall include findings of fact, reasons for the approval or denial, and, in the case of approval, conditions found to be necessary to fulfill the purpose and provisions of this Ordinance. An order approving a preliminary plan shall be forwarded to the City Council who may approve an ordinance effecting the approval without further hearing. The Council may initiate their own public hearing to further consider the matter after reviewing the decision of the Planning Commission. Appeals may be made in accordance with Section 118, and shall specifically state the findings of the Planning Commission which are alleged to be in error, and the nature of the alleged error. (Amended by Ord. No. 5892/12-08.)
H. Phasing. If approved at the time of preliminary plan consideration, final plan applications may be submitted in phases. If preliminary plans encompassing only a portion of a site under single ownership are submitted, they must be accompanied by a statement and be sufficiently detailed to prove that the entire area can be developed and used in accordance with City standards, policies, plans, and ordinances. Final approval of any phase of a PUD which has been approved for phasing constitutes preliminary re-approval of all subsequent phases for a two year period of time, unless otherwise specified by the Planning Commission.
I. Lapse of Approval. If, prior to final approval, the applicant chooses to abandon the plan and notifies the Planning Commission in writing or fails to file application for final approval within the required period of time, the tentative approval shall be deemed to be revoked and all that portion of the area included in the plan for which final approval has not been given shall be subject to the underlying zoning and subdivision regulations and the Planning staff shall so note on the official zoning map in the City Hall.
Prior to expiration of tentative plan approval at the end of two years, the Planning Commission may, if requested, extend or modify the tentative approval, providing such extension or modification is not detrimental to the public interest, contrary to the findings and provisions specified herein for planned unit developments, and does not conflict with any changes to the Comprehensive Plan which were approved subsequent to the time of the tentative approval. Unless the Planning Commission provides to the contrary, expiration of final plan approval of any phase automatically renders all phases void that have not received final approval.
J. Resubmittal following expiration. Upon expiration of preliminary or final plan approval, a new application and fee must be submitted prior to reconsideration. Reconsideration shall be subject to the same procedures as an original application.
V. Application for Final Approval.
A. Within two years after the date preliminary approval is given, the owner may prepare and file with the Planning Director a Final Development Plan, including a subdivision plat, if the development is to be platted, unless otherwise provided as a part of the approval of the Preliminary Development Plan .
B. Action on the Final Development Plan shall be ministerial and taken by the Planning Director, and
1. The Planning Director shall approve the Final Development Plan upon finding that the final plan substantially conforms with the preliminary plan approved, or approved with conditions by the Commission or the City Council. If the Final Development Plan does not substantially conform, the applicant may request an administrative modification from the approved Preliminary Plan. Requests for administrative modifications shall be accompanied by a fee as established by the City Council to defray the costs of processing the application The Planning Director may approve a request for administrative modification only upon finding that all of the following criteria are met: (Amended Ord. No. 5596/1-06.)
a. The change does not increase the residential densities, the lot coverage by buildings or reduce the amount of parking;
b. the change does not reduce the amount of open space and landscaping;
c. the change does not involve a change in use;
d. the change does not commit land to development which is environmentally sensitive or subject to a potential hazard, and
e. the change involves a minor shift in the location of buildings, proposed streets, parking lot configuration, utility easements, landscaping or other site improvements.
2. A decision by the Director may be appealed, by the applicant or others with standing, to the Planning Commission which shall decide whether the Final Development Plan substantially conforms to the approved Preliminary Plan based on the criteria set forth in #1 above in this Subsection. The decision shall be based on testimony from the qualified appellant, applicant and the staff exclusively. No notice shall be required.
3. The approval of a Final Development Plan which includes a plat constitutes authorization for the presiding officer of the Planning Commission to sign the official plat.
C. Substantial modifications made to the approved Preliminary Plan will require a public hearing as provided by Section 116. The applicant must pay a fee as established by the City Council to defer costs to the City of a public hearing held for this purpose. (Amended by Ord. No. 5596/1-06.)
(Section V. Amended by Ord. No. 3424/9-83; 5313/10-03; and 5596/1-06.)
VI. Expiration of Approval - Continuation.
A. If no substantial construction has occurred within two years from the date of approval of the Final Development Plan, the Planning Director shall determine, or may schedule a public hearing before the Commission to determine, the question of whether continuation of approval, in whole or in part, is in the public interest.
B. The Director or Commission may approve an extension of time annually, approve the extension of time subject to modifications and conditions, or deny the extension of time.
C. The decision shall be based on findings related to:
1. A change or absence of change in the facts on which the approval was based; and
2. A change or absence of change in the policies and ordinance provisions on which the approval was based.
D. The decision may be reviewed by the Council as provided by Section 118.
E. In the event of a denial where a recorded plat is involved, the City may take action to have the plat vacated.
(Section VI. Amended by Ord. No. 3424/9-83.)
VII. Non-Compliance Bond. Non-compliance with an approved Final Development Plan shall be a violation of this Section. The development shall be completed in accordance with the approved Final Development Plan, including landscaping and recreation areas, before any occupancy of buildings occur, except that: when the Planning Director determines that immediate execution of any feature of an approved Final Development Plan is impractical due to climactic conditions, unavailability of materials or other temporary condition, the Director shall, as a pre-condition to allowing a building to be occupied, require the posting of a performance bond, or other surety, to secure execution of the feature at a time certain not to exceed one year.
(Section VII. Amended by Ord. No. 3424/9-83.)
(Section 127 Added by Ord. No. 2424/4-71; Amended by Ord. No. 3424/9-83; 4223/4-94; 5313/4-03; and 5596/1-06.)