Approval of a planned unit development is a 4-step process comprising:preliminary consultation; concept plan; PUD master plan; and final development plan. The procedures, requirements, restrictions, and conditions of this title must be observed in the authorization of a planned unit development. In accordance with Title 5, Subtitle 5 {“Legislative Authorizations”}, of this Code, at the request of a property’s owner or developer, 1 or more members of the City Council may introduce a legislative authorization to approve, amend, or repeal a planned unit development and PUD master plan. On referral of the bill for the legislative authorization to the Planning Commission, as required by Title 5, Subtitle 5:the property owner or developer seeking the legislative authorization is considered the applicant for purposes of this title; and the procedures of this subtitle apply. Ord. 16-581

Before filing any plans for a planned unit development, the applicant must attend a preliminary consultation with the Director of Planning. This consultation must take place before or as soon as possible after introduction of the bill seeking the legislative authorization for the planned unit development. For the preliminary consultation, the applicant must provide the following information:location of the proposed development; proposed uses; proposed public and private improvements; a list of any exceptions to district requirements that the applicant anticipates will be requested; and any other information necessary to clearly explain the planned unit development. The purpose of the preliminary consultation is to make advice and assistance available to the applicant before preparation of the concept plan, so that the applicant may determine:whether the proposed planned unit development appears in general to be in compliance with the provisions of this Code and other applicable regulations; whether any zoning exceptions are required in connection with the proposed planned unit development; and whether the proposed planned unit development will be in conformity with the Comprehensive Master Plan and the goals and policies of the City for development. The preliminary consultation does not require the filing of an application or payment of a fee. Opinions or advice provided at the consultation are in no way binding on the Planning Commission or the City Council when later taking formal action on the planned unit development. Ord. 16-581

After the preliminary consultation, the applicant must file a concept plan with the Planning Director for the purpose of obtaining information and guidance from the Planning Commission before the applicant enters into binding commitments or incurs substantial expense. At minimum, the concept plan must consist of the following:a site plan that is drawn to an appropriate scale and, in general form, shows:proposed land uses and structures; natural features of the development site; approximate location of all roadways and access drives proposed within the planned unit development; and location of all adjacent public streets, thoroughfares, and public utilities; a site location map that is drawn to an appropriate scale and shows:the proposed planned unit development in relation to surrounding streets and property within 600 feet in all directions of the development site; and the location, height, and land use of all existing buildings and structures adjoining the development site; schematic drawings that show the size, gross square footage, character, and disposition of buildings currently existing on the site and buildings proposed for the site; and a written statement that contains:a general explanation of the planned unit development; a statement of the present ownership of all the land within the development; a schedule setting forth any proposed exceptions to district requirements, including exceptions to the regulations governing use, bulk, yard, off-street parking, and signs, as they apply to the zoning district or districts in which the planned unit development is to be located; and proposed public benefits and amenities. The Planning Commission must review the concept plan and provide the information and guidance that it considers appropriate. Opinions or advice provided by the Planning Commission are in no way binding on the Planning Commission or the City Council when later taking formal action on the planned unit development. The review of the concept plan is a public meeting. Public comment on the concept plan will be accepted at that meeting. Notice of the meeting must be given as specified by the Director of Planning in accordance with:the rules and regulations that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Planning Commission adopts; and the State Open Meetings Act (Title 3 of the State <cite data-path="|general">General Provisions Article</cite>). Ord. 16-581 Text Conformed 02/28/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed paragraph (2)(i) of subsection (e) to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The purpose of the PUD master plan is to serve as the legislatively approved plan encompassing all major aspects of site development and public benefits. Where certain elements of site design are unknown, it is sufficient to reflect intent as provided in this section. The PUD master plan must include the following:an accurate topographic and boundary line map of the project area; a location map that shows the relationship of the project area to surrounding properties; the pattern and intended design standards of existing and proposed roads, driveways, parking facilities, and bicycle and pedestrian paths, whether public or private; the use, type, size, arrangement, and location of existing and proposed lots, structures, and building groups; a general plan for landscaping that demonstrates design intent and how environmental requirements will be met; architectural drawings and sketches that illustrate the design and character of proposed structures; the general location of existing and proposed sewer and water facilities; the existing topography and storm drainage pattern; the proposed storm drainage system, showing basic topographic changes; the location of recreational and open-space areas and areas reserved or dedicated for public uses, such as school and park sites, and any open space to be owned and maintained by a property owners’ association; statistical data on:the total size of the project area; density computations; the proposed number of residential units, by type; and any other similar factors pertinent to a comprehensive evaluation of the proposed planned unit development; a detailed time schedule for the start and completion of the planned unit development, including a proposed phasing schedule, which must indicate when the public benefits and amenities will be constructed; and a schedule setting forth any proposed exceptions to district regulations, citing by section number each regulation from which an exception is sought. Before a public hearing is scheduled, the proposed PUD master plan must be forwarded to the appropriate City agencies, as determined by the Director of Planning, for review. These agencies must review the proposed PUD master plan and forward their reports to the Planning Commission within 30 days of receipt of the plan. The Planning Commission must schedule a public hearing on the proposed PUD master plan within 60 days of receipt of a complete application. If, in the Planning Commission’s judgment, the application does not contain sufficient information to enable it to properly discharge its responsibilities, the Planning Commission may request additional information from the applicant and the 60 day period is suspended or the hearing continued. The Planning Commission may recommend approval, recommend approval with conditions, or advise the applicant in writing of any recommended changes, additions, or corrections to the proposed PUD master plan. If the Planning Commission recommends changes, additions, or corrections, the applicant may, within 30 days of the recommendation, submit a revised proposed PUD master plan for Planning Commission consideration, without paying an additional filing fee. The Planning Commission may grant the applicant additional time to prepare the revised plan. Once resubmitted, the Planning Commission may then recommend approval, approval with conditions, or denial of the proposed PUD master plan. The Planning Commission’s final determination regarding a proposed PUD master plan must be:included in the Planning Commission’s report to the Mayor and City Council under § 5-506 of this Code if the planned unit development is the subject of a proposed legislative authorization that has already been introduced under <cite data-path="|32|§13-301|(c)">§ 13-301(c) of this title</cite>; or retained by the Planning Commission for at least 12 months from the date the Planning Commission makes a final determination and included in the Planning Commission’s report under § 5-506 of this Code if, within that 12-month period, the planned unit development becomes the subject of a legislative authorization. Ord. 16-581

The purpose of the final development plan is to provide, after enactment of the ordinance approving the planned unit development and its PUD master plan, additional detailed information on all aspects of site development and public benefits once construction is imminent. Whereas the PUD master plan may reflect design intent, the final development plan must reflect actual and final proposed conditions. The Planning Commission may not approve the final development plan, as provided in this section, unless the final development plan substantially complies with the PUD master plan. Within 2 years after enactment of the ordinance approving or amending the planned unit development and its PUD master plan, the applicant must file a final development plan with the Director of Planning, together with the applicable filing fee. If the PUD master plan was approved to be constructed in phases, the applicant must submit the final development plan for the first phase within 2 years of the approval of the PUD master plan. Final development plans for subsequent phases may be submitted according to the phasing schedule approved as part of the PUD master plan. The final development plan must include the following, in final form:the plan components required by <cite data-path="|32|§13-304|(b)">§ 13-304(b) {“PUD master plan: Plan components”} of this subtitle</cite>, updated as required to reflect actual and final proposed conditions; the final location, type, and size of proposed landscaping features; and final architectural drawings and sketches that illustrate the design and character of proposed structures. The Director of Planning must review the final development plan within 60 days of its receipt and take actions described in this subsection. The Director of Planning may recommend approval of the final development plan to the Planning Commission if it is in substantial compliance with the PUD master plan and all City regulations. The Director of Planning will certify to the Planning Commission that the final plan is in substantial conformance with the PUD master plan and City regulations. Within 60 days of receipt of the Director of Planning’s recommendation, the Planning Commission must review the final development plan and approve or deny it at a public meeting. If the Director of Planning finds that the final development plan is substantially changed from the PUD master plan, or is otherwise not in accordance with City regulations, then the Director of Planning may recommend to the Planning Commission that the final development plan be denied. If the Planning Commission finds that the final development plan is not in conformity with the PUD master plan or City regulations, the Director of Planning must inform the applicant of the specific areas found not to be in compliance, and the applicant may resubmit the final development plan to the Director of Planning with changes to those areas found not to be in compliance. Once resubmitted and the Director of Planning has determined the final development plan to be in substantial compliance with the PUD master plan and City regulations, the Director of Planning must certify to the Planning Commission that the final development plan is in substantial conformance with the PUD master plan and City regulations. Within 60 days of receipt of the Director of Planning’s recommendation, the Planning Commission must review the final development plan and approve or deny it at a public meeting. Before final approval of the final development plan, the Planning Commission may approve minor changes to the final development plan that do not conflict with the PUD master plan and City regulations. The minor changes that may be approved by the Planning Commission are limited to those that qualify as minor variances under § 5-302(b) {“Minor and major Variances: Minor variances”} of this Code. After the approval of a final development plan by the Planning Commission, the use of the land and the construction, modification, or alteration of any structures within the planned unit development are governed by the approved final development plan rather than by the provisions of this Code. Ord. 16-581