This Section provides for the adequate review of applications for Planned Developments.
(a) General Provisions. Review of applications for Planned Development Overlay Districts shall be conducted in compliance with the following general provisions:
(1) Review for Completeness. Each Planned Development application shall be reviewed for completeness and compliance with the applicable submission requirements, unless specific items are determined by the Planning and Zoning Administrator to be inapplicable or unnecessary. If the application is deemed insufficient, the staff shall notify the applicant of the deficiencies. Only complete applications shall be placed on the Planning Commission agenda. When the application is determined complete and all applicable fees have been paid, the Planning and Zoning Administrator shall officially accept the application for consideration.
(2) Previously Approved Planned Development Overlay Districts. Planned Development Overlay Districts, including development plans and development standards text adopted prior to the effective date of these Planned Development Overlay District regulations, shall continue in effect and be considered legally conforming under this Code. However, the procedures for the implementation of those developments must conform to the regulations indicated in this Code.
(3) Subdivision Plat Approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Carlisle's Subdivision Requirements. Preliminary development plan approval and preliminary subdivision plat approval may proceed simultaneously. Final development plan approval and final plat approval shall proceed simultaneously, unless a final plat is not required for completion of the project.
(b) Zoning Amendment Pre-application Meeting with Concept Plan. The applicant shall meet with the Planning and Zoning Administrator to review a concept plan prior to submitting an application for a Planned Development Overlay District zoning amendment. The concept plan is intended to outline the basic scope, character and nature of a proposed project. The review is to provide input in the formative stages of design.
(1) The applicant shall submit a concept plan for review by staff. The concept plan shall include the elements indicated in Section 1266.11.
(2) The applicant for a Planned Development Overlay District may request review and feedback from the Planning Commission prior to preparing a preliminary development plan.
(3) No discussions, opinions, or suggestions provided on any aspect of the concept plan shall bind the applicant, or Carlisle, or be relied upon by the applicant to indicate subsequent approval or disapproval by the municipality.
(c) Zoning Amendment Request. An application for a zoning amendment to the Planned Development Overlay District shall be submitted according to Chapter 1256. In addition to the submission requirements for zoning amendments, the applicant shall also submit a preliminary development plan and supporting documentation as required below.
(1) Preliminary Development Plan Review Procedures. The application, including all submission requirements for preliminary development plans set forth in Section 1266.11 (b), shall be reviewed and distributed according to the following procedures. A preliminary subdivision plat may be reviewed simultaneously provided all the required plat information is submitted.
A. Planning and Zoning Administrator Review. After determining that an application is complete according to subsection (a)(1) hereof, the Planning and Zoning Administrator shall forward the application to the appropriate municipal departments and, if determined necessary, professional consultants for review and comment.
1. The application shall be reviewed for compliance with the Comprehensive Plan, other adopted plans or studies and the requirements of this Code and other applicable Carlisle Codes.
2. During the course of its review, the staff may meet with the applicant to review the application, and the applicant may revise the preliminary development plan application in response to staff's comments.
3. Within ninety (90) days of the application being deemed complete or an extended time agreed to by the applicant, the application shall be placed on the agenda for a regularly scheduled meeting of the Planning Commission. The application and supporting documentation, administrative staff comments, any other reports prepared above and any accompanying documents (such as but not limited to letters from residents or maps) shall be transmitted to the Planning Commission prior to the meeting.
B. Review and Action by Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria set forth in Section 1266.13(a). The Planning Commission shall take into consideration any submitted staff reports, comments, and expert opinions when reviewing the application.
1. Request For Additional Information/Revisions. In its review of an application, the Planning Commission may request additional information it deems necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, the Planning Commission may table the application.
2. Time frame for Review of Tabled Case. Within sixty (60) days, the applicant will, upon written request to the Planning and Zoning Administrator be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning Commission but not less than thirty (30) days following receipt of the written request.
3. Action By Planning Commission. The Planning Commission shall recommend to Council one of the following:
a. That the preliminary development plan and its supporting documentation be approved as submitted; or
b. That the preliminary development plan and its supporting documentation be approved with specific modifications set forth by the Planning Commission to further protect and improve the proposed and surrounding developments; or
c. That the preliminary development plan be disapproved.
4. Transmission to Council. The Planning Commission shall transmit the zoning amendment application and the preliminary development plan along with all appropriate documentation, including its recommendation to the Council, within thirty (30) days of taking action, unless otherwise requested by the applicant.
C. Review and Action By Council. Council shall review and act on the proposed ordinance(s), including conducting a public hearing, in accordance with Council procedures and public notice provisions set forth in Chapter 1256.
1. In reviewing the ordinance(s), the Council shall consider the approval criteria set forth in Section 1266.13(a).
2. Disapproval by Council shall terminate the process. Another zoning amendment application pertaining to the land included in the disapproved application shall not be accepted within one year from the date of disapproval, unless there has been substantial change to the application to warrant reconsideration.
(2) Approval of the Planned Development Overlay District/Preliminary Development Plan.
A. Adoption of the ordinance shall constitute a rezoning of the property included in the preliminary development plan to a Planned Development Overlay District, and the preliminary development plan and associated commitments become binding on the applicant.
B. The Official Zoning Map shall be amended to reflect the zoning change.
C. In the event Council approves the preliminary development plan with modifications, the applicant shall incorporate such modifications into the appropriate documents and file the revised preliminary development plan with the Planning and Zoning Administrator. No final development plan application will be processed until the revised preliminary development plan is submitted and approved by the Planning and Zoning Administrator.
(3) Significance of Approved Plan. Approval or approval with recommended modifications of the preliminary development plan by Council shall:
A. Establish the development framework for the project, including, but limited to, the general location of open space, use areas, densities, unit types, recreational facilities, and street alignments;
B. Permit the applicant to proceed with detailed planning of the final development plan; and
C. Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
(4) Expiration of Zoning Approval. Given the nature of the Planned Development Overlay District process and the unique standards simultaneously adopted, the Planned Development Overlay District designation shall remain valid for one (1) year from the date of Council approval. During that time, the applicant shall prepare and submit a final development plan for review in compliance with subsection (d) below. In the event progress on the planned development is discontinued, Carlisle may begin procedures to rezone the property to the zoning district in place prior to the Planned Development Overlay District or to another district as may be determined appropriate.
A. For the purpose of this Section, progress shall be considered discontinued when:
1. The final development plan for the planned development, or for the first phase of the planned development, is not submitted within one (1) year after approval by Council of the preliminary development plan; or
2. The final development plan for the planned development, or for the latest phase of the planned development, is approved, but construction authorized by such final development plan is not begun within one (1) year after approval of the final development plan; or
3. A final development plan for the planned development is approved, and construction work is discontinued for a period of one (1) year or for a longer period as may be agreed to as part of the planned development zoning amendment.
B. At any time, the Planning Commission may grant an extension to the above stated timeframes for good cause shown.
(d) Final Development Plans. An application for final development plan review shall include the submission requirements set forth in this Code and shall be submitted for review according to the following. An application for final development plan review shall be required for each phase of development. The applicant shall also submit a final subdivision plat for simultaneous review unless a final plat is not required for completion of the project.
(1) Area Included in Final Development Plan. The area included in an application for final development plan review shall be in substantial compliance with the phasing plan approved as part of the preliminary development plan.
(2) Review Procedures. The application, including any conditional use application, shall be reviewed according to the following procedures:
A. Staff Review. After determining that an application is complete according to subsection (a)(1) hereof, the Planning and Zoning Administrator shall forward the application to the appropriate municipal departments and, if determined necessary, professional consultants for review and comment.
1. The application shall be reviewed for compliance with the approved preliminary development plan, the requirements of this Code and other applicable Carlisle Codes.
2. During the course of its review, the Planning and Zoning Administrator or other staff may meet with the applicant to review the application, and the applicant may revise the final development plan application in response to staff's comments.
3. The application and supporting documents, staff comments, any other reports and accompanying documents (such as, but not limited to, letters from residents or maps) shall be transmitted to the Planning Commission.
B. Review by Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria set forth in Section 1266.13(b). The Planning Commission shall take into consideration any submitted staff reports when reviewing the application.
1. Request For Additional Information/Revisions. In its review of an application, the Planning Commission may request additional information it deems necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, the Planning Commission may table the application.
2. Time frame for Review of Tabled Case. Within sixty (60) days, the applicant will, upon written request to the Planning and Zoning Administrator be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning Commission but not less than thirty (30) days following receipt of the written request.
3. Conditional Use Review. If the application includes conditional uses, the Planning Commission shall review the application according to the procedures set forth in Chapter 1272, including the requirement for a public hearing. During its review of a conditional use, the Planning Commission may prescribe appropriate modifications, stipulations, safeguards and limitations on the conditional use as it may deem necessary and in conformance with the intent and purposes of Chapter 1272.
4. Compliance with the Preliminary Development Plan. In reviewing the application, the Planning Commission shall determine if the final development plan substantially complies with all specific requirements, the purposes, intent and basic objectives of the preliminary development plan, and any commitments made or conditions agreed to with the adoption of the preliminary development plan. If the final development plan contains changes from the approved preliminary development plan:
a. The Planning Commission may determine that the proposed plan substantially complies with the preliminary development plan and may proceed to review the Final Development Plan in accordance with the procedures in this Chapter; or,
b. The Planning Commission may, in reviewing the final development plan, approve a modification of a provision of the development standards text or the preliminary development plan if it Planning Commission determines that all of the following provisions are satisfied:
i. The Planning Commission determines that, for this planned development, Code compliance is not needed to ensure that the planned development is consistent with the Comprehensive Plan and is compatible with existing, approved, or planned adjacent development;
ii. The Planning Commission determines that the proposed modification does not significantly alter the list of permitted or conditional uses, cause an inappropriate increase in density or cause inconsistencies with the Comprehensive Plan;
iii. The proposed modification results in a development of equivalent or higher quality;
iv. The principles of Section 1266.05 are achieved; and
v. The development, as proposed on the final development plan, will have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
c. If any proposed modification to the Preliminary Development Plan fails to meet the above criteria, a zoning amendment to amend the preliminary development plan shall be required and shall be sought pursuant to Chapter 1256.
5. Compliance with Current Carlisle Standards. In the event development standards or construction standards that apply throughout Carlisle are updated, all subsequently approved final development plans shall comply with the updated standards when the Planning Commission determines that such updated standard(s) will not cause undue hardship.
C. Action By Planning Commission. The Planning Commission shall take one of the following actions:
1. Approve the final development plan as submitted; or
2. Approve the final development plan with modification(s); or
3. Disapprove the final development plan when the application does not demonstrate that the required standards have been met. Disapproval of the final development plan shall terminate the process. The applicant may revise the final development to respond to the Planning Commission's concerns and resubmit the plan. Such action shall be considered a new application for review and shall contain all the information required for final development plans, including payment of the application fee.
(e) Zoning and Building Permits. Following the approval of the final development plan, and recording of the final subdivision plat if applicable, the applicant may proceed with the zoning certificate and building permit process, consistent with approval as granted, including any conditions and modifications made by the Planning Commission.
(1) After approval of the final development plan, the applicant shall obtain a zoning certificate and a building permit prior to construction.
(2) All construction and development under any building permit shall be in accordance with the approved final development plan, except as may be permitted in subsection (f) hereof, Modifications to Approved Final Development Plans. Any unauthorized departure from such plan shall be cause for revocation of the certificate of zoning compliance. All required covenants, easements and restrictions shall be recorded prior to the approval of any construction permit in a location where such covenants, easements, or restrictions are intended to apply. Carlisle shall require a copy of the recorded document prior to issuing any construction permit.
(f) Modifications to Approved Final Development Plans. Requested modifications to approved final development plans shall be reviewed according to the following:
(1) Administrative Approval. The Planning and Zoning Administrator, in administering the approved final development plan, may authorize minor design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approved final development plan.
A. Such modifications shall not allow increases in intensity of development or additions to the list of permitted or conditional uses.
B. Such modifications shall be limited to:
1. Minor adjustments in lot lines provided no additional lots are created;
2. Minor adjustments in location of building footprints and parking lots provided the perimeter setbacks, yards and buffers remain in compliance;
3. Minor adjustments in building height(s);
4. Substitution of landscaping materials;
5. Redesigning and/or relocating stormwater management facilities;
6. Redesigning and/or relocating mounds;
7. Minor modifications to the design of signs, including the sign face, and sign lighting, provided the color palette, maximum sign area and maximum sign height, approved in the final development plan, are not exceeded;
8. Minor changes in building material that are similar to and have the same general appearance as the material approved on the final development plan.
C. The Planning and Zoning Administrator shall report any approved modification to the Planning Commission.
(2) Board of Zoning Appeals Approval. Any request for a variation to the development standards text that pertains to an individual single-family dwelling on an individual subdivided lot shall be reviewed as a variance according to the regulations set forth in Chapter 1250.
(3) Planning Commission Approval.
A. Modifications other than those listed in subsection (f)(1) and (2) above shall be submitted to the Planning Commission. If it determines the modifications are compatible with the surrounding development and that they are not requirements that are necessary to ensure consistency with the Preliminary Development Plan, the Planning Commission may approve such change.
B. Any such changes shall be indicated on an amended final development plan. An application for an amended final development plan shall follow the review procedures for final development plan review set forth in subsection (d) hereof. If approved, such amendments to the final development plan shall supercede the originally approved final development plan.
(Ord. 8-13. Passed 5-14-13.)