(A) Intent and purpose. The purpose of this section is to establish and define development plans which may be utilized for a wide variety of planning related procedures. This section outlines the content and procedure for submission, review, and approval, of all development plans required by the zoning ordinance and subdivision regulations unless another procedure or different contents are specified elsewhere in this chapter.
(B) Where required. Development plans shall be required as follows.
(1) Development plans in conjunction with zone map amendment requests. Development plan approval shall be required with any zoning map amendment request.
(a) All applications for zoning map amendment shall require the submission and approval of both a preliminary development plan and a final development plan prior to development of the property. The preliminary development plan may be submitted in conjunction with the zoning map amendment request, but is not required. However, a certified plat, identifying the parcel to be rezoned and indicating bearings and distance with the accompanying written boundary description must be submitted with the zone map amendment request.
(b) The Commission, in its discretion, may waive the requirement for the submission and approval of a preliminary development plan, a final development plan, or both, if the Commission finds that there will be minimal impact on the neighborhood or the subject property.
(2) Development plans required for multiple principal structures as permitted by § 155.127. Development plans required by § 155.127 to permit more than one principal structure and its accessory structures on a lot or a parcel of land shall be submitted to the Commission, in accordance with the provisions of this subchapter.
(C) Development plan procedures. The following shall be the procedure for Planning Commission consideration of any development plan.
(1) Filing. To formally request Planning Commission action on the development plan, the developer shall file three completed copies of the plans required by the Commission.
(2) Review. The Planning Commission staff and concerned agencies shall review the development plan, and make recommendations to the Commission’s Subdivision Committee. The Subdivision Committee will review all recommendations, and then forward their recommendations to the Commission.
(3) Commission action.
(a) No development plans shall be considered for action by the Commission until they have been reviewed by the Subdivision Committee. All development plans shall be approved or disapproved within 90 days of the date they are formally filed for Commission action. However, in case of a development plan filed in conjunction with a map amendment request, the Planning Commission may postpone action of the development plan until after the legislative body has made its decision on the map amendment request.
(b) The Commission will review the Subdivision Committee’s recommendation and then act for approval, conditional approval with conditions noted, postponement, or disapproval. The Commission may modify or disapprove the development plan if it finds the plan does not comply with the requirement of this chapter, and when applicable, the land subdivision regulations, or if it finds there are existing or potential substantial flood, drainage, traffic, topographic, or other similar problems relating to the development of the subject property.
(D) Types of development plans. There shall be a preliminary development plan and a final development plan, defined as follows.
(1) Preliminary development plan. A preliminary development plan is a site plan by which, at the early stages of development design, the Commission may consider, approve, and restrict many major aspects of the development without requiring an undue amount of final design work on the part of the developer. The preliminary development plan is less detailed and specific than a final development plan in terms of exact arrangement of buildings, parking areas, open spaces, access points, and any other site design features. No building permits can be issued based upon a preliminary development plan.
(2) Contents of preliminary development plan. A preliminary development plan shall contain the following information at a minimum:
(a) A title block containing the plan name, development plan type, name and address of developer and plan preparer, and written scale;
(b) The boundary of the subject property and the record plan name or owner’s name of all adjoining property;
(c) A vicinity sketch, oriented in the same direction as the design scheme;
(d) Topography with contour intervals as shown on the available United States Geological Survey (USGS) sheets;
(e) Location, arrangement, and approximate dimensions of existing and proposed driveways, walkways, parking areas and arrangement of spaces, points of ingress and egress, and other vehicular and pedestrian rights-of-way;
(f) Location of any proposed or existing streets within or abutting the subject property;
(g) Screening, landscaping, buffering, recreational, and other open space areas;
(h) Approximate size, location, height, floor area, area arrangement, and use of proposed existing buildings and signs;
(i) Storm drainage areas, floodplains, conceptual drainage controls and storm water retention, and any other designated environmentally sensitive or geologic hazard area;
(j) Proposed and existing easements for utilities or other purposes;
(k) Areas of substantial existing trees including those located along fence rows and drainage areas along with a general description of the type and size of such trees;
(l) A statistical summary of all pertinent site data, including site area, zoning, building coverage and floor area, parking, open space, and the like;
(m) An owner’s certification, signed and witnessed as follows: “I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, and do adopt this as my (our) development plan for the property”; and
(n) A Commission’s certification to be signed by the Commission’s Secretary if and when the plan is fully approved as follows: “I do hereby certify that his or her development plan was approved by the Planning Commission”.
(3) Final development plan. A development plan from which a building permit will be sought. A final development plan is intended to deal with site design issues at a detailed level and to actually dictate the approved locations of building, parking areas, open spaces, access points, and any other site design features, that vary from those requirements for the uses permitted and regulated by the dimension and area requirements for that zoning classification.
(4) Contents of final development plan. All information required for preliminary development plans as required under division (D)(1) above, divisions (D)(2)(a) through (D)(2)(n) above, and that the plan information shall be of an exact nature, rather than approximate or general.
(E) Amendments to development plans.
(1) Amendments to approved development plans can be made only by official Planning Commission action. Content and format and procedures shall be as for the original submission. However, amendments which fully meet the requirements set forth hereinafter for minor amendments may be approved and certified by the Commission’s staff without further action by the Commission.
(2) Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments shall not decrease the overall land area in yards, or other open spaces; shall not increase building ground area coverage, floor area, or height; or increase the number of dwelling units; shall not increase the number or size or signs; shall not change the location of any street and shall not increase the number, or change the location of street access points; except that shifts in the approved access location not exceeding 25 feet may be approved as a minor amendment where the access point is not located on an arterial street.
(F) Development plans and preliminary subdivision plan may be combined. It is recognized that for certain development situations it can be advantageous to both the developer and the Commission to combine the functions and requirements for development plans and preliminary subdivision plans in order to streamline the development approval process while not reducing the quality of the review.
(G) Preliminary or final subdivision plan may be substituted for development plans required in conjunction with map amendment request. It is recognized that in certain cases, a preliminary or final subdivision plan would be as appropriate or more appropriate to be considered in conjunction with a map amendment request than a development plan. Generally, such situations involve developments where placements of structures will be tightly controlled by the streets, lot pattern, and the requirements for placement of structures within the zone, and where the developer sees fit to have plans prepared at the required level of detail for subdivision plans prior to receiving a zone change approval.
(Prior Code, § 8.6) (Ord. 36-86, passed 12-10-1987; Ord. 2008-19, passed 9-24-2008)