§ 906. Procedures.

The following procedures shall be followed in the establishment of a planned unit development.

(a)

Optional pre-application meeting. Prior to the submittal of a planned development application, the applicant may meet with the designated city planner for a preliminary conference on the location, scope and nature of the proposed development. A written report on the pre-application meeting shall be prepared and transmitted to the applicant and to the mayor and city council for their information.

(b)

Formal application and completeness check. A formal application for a planned development shall be made by the applicant to the city clerk.

(1)

Required information. The applicant shall submit the following information and such other materials as the planning and zoning board and mayor and city council may require to determine whether the proposed development meets the required standards.

a.

Plans in accordance with the requirements of section 302 of this zoning ordinance.

b.

Other applicable information regarding the relation of the proposed development to surrounding development and roads, as well as common open space proposed on the site.

c.

A preliminary outline of proposed protective covenants, including provisions for the organization and continued financing of a property owners' association except in commercial planned unit developments.

d.

Any statistical tabulations required to show that the proposed development meets the specific requirements of the proposed planned unit development.

e.

If the proposed planned unit development is to be subdivided, then the application for approval of the planned unit development shall include all information required for the preliminary approval of a subdivision under chapter 17, subdivision regulations, of the City Code.

(2)

Completeness check. The city clerk or designated city planner shall review the application for completeness. Once certified complete, the application shall be transmitted to the planning and zoning board for review and recommendation to the mayor and city council.

(c)

Plan review and approval criteria.

(1)

Within thirty (30) days of receipt of the formal application and all required information, the application shall be reviewed by the designated city planner who shall prepare a staff report and the application shall be added to the next appropriate planning and zoning board agenda; the planning and zoning board shall review the proposed development for conformance to this ordinance and for achievement of the purposes of this section and shall make a written recommendation for approval or disapproval to the mayor and city council.

(2)

Failure to act. If the planning and zoning board fails to submit a report within thirty (30) days after it has received the proposed planned development application, it shall be deemed to have recommended approval to the mayor and city council. The planning and zoning board and the applicant may jointly agree to a thirty-day postponement, provided that notice of such agreement shall be sent to the mayor and city council. In any case, all materials concerning the proposed planned unit development shall be forwarded to the mayor and city council no later than sixty (60) days from the receipt of an application certified as complete.

(d)

City council hearing and final action. At the next regularly scheduled meeting after the zoning and review commission has conducted an application review and recommendation, the mayor and city council shall review and consider the proposed application and materials for a public hearing.

(1)

If the proposed planned unit development is deemed acceptable for further consideration, the city council shall hold a public hearing thereon. The notice of the time and place of such hearing shall be published at least fifteen (15) days prior to the hearing in the official legal organ of the city or in the official legal organ of DeKalb County. At the hearing, any party may appear in person or by agent or attorney.

(2)

In addition, the city shall erect in a conspicuous place on the property involved a sign which shall contain information as to the planned unit development applied for and time and place of the hearing. Failure to erect and maintain the sign as specified above shall not invalidate the subsequent determination of the mayor and city council.

(3)

Within forty-five (45) days after the public hearing the mayor and city council shall approve or deny the planned unit development. The mayor and city council and the applicant may jointly agree to postpone action for a forty-five-day period but the final decision shall be made not later than sixty (60) days from the public hearing.

(e)

General standards for approval. Planned unit developments may be approved subject to such conditions as may be imposed in order to mitigate impacts which may be expected without the imposition of conditions. The following general standards shall be considered in determining whether the planned unit development shall be approved:

(1)

Is the proposed development suitable in view of the use and development of adjacent and nearby property?

(2)

Does the proposed development adversely affect the existing use or usability of adjacent or nearby property?

(3)

Does the proposed development result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools?

(4)

Are there other existing or changing conditions which, because of their impact on the public health, safety, morality and general welfare of the community give supporting grounds for either the approval or denial of the proposed development?

(f)

Preliminary and final land subdivision plats. Final approval of the planned unit development by the mayor and city council authorizes the applicant to prepare a preliminary land subdivision plat when applicable. A copy of this authorization together with a copy of the materials submitted by the applicant shall be sent to the planning and zoning board.

(1)

No site development shall be undertaken by the applicant and no permits shall be issued to him/her until the preliminary land subdivision plat has been officially approved by the planning and zoning board and the mayor and city council in accordance with the Clarkston land subdivision regulations (chapter 17 of the City Code).

(2)

A final land subdivision plat shall be prepared by the developer after approval of the preliminary plat.

(3)

If the final land subdivision plat meets the requirements of subdivision regulations of the city, it shall be approved by the zoning and review commission and the mayor and city council and recorded in accordance with land subdivision regulation procedures.

(g)

Modification of approved planned unit developments: The mayor or his/her designee shall have sole authority to approve minor changes to approved planned unit developments. For the purposes of this section, a minor change in the approved planned unit development means a slight alteration to a planned unit development or change in layout that does not result in the visible intrusion of any building, structure, driveway, walkway, parking lot, plaza, wall or similar built element into any open space, yard, landscaped buffer, undeveloped space, or any similar space, when any such space is shown on the final "conditional" plan as being next to and visible from a property line or street.

(Ord. No. 358, §§ 1, 2, 3-1-11)