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PLANNED DEVELOPMENT DISTRICTS
(A) Purpose. The Planned Developmen t District (PD) regulation s are based on the premise that the ultimate quality of a built environmen t or developmen t proposal is determined not only by the type, character and allocation of land uses but also by the way in which such land uses are executed. In many cases, the subdivision regulations and standard zoning district regulations and procedures do not adequately regulate the design of buildings or enable the range of uses in a single zoning district that are appropriate in the city. The Neighborhood Design Guidelines shall be considered with new residential development to ensure the design details meet the desired neighborhood quality.
(1) The purposes of the Planned Development District regulations are to:
(a) Provide an opportunity for a mix of land uses otherwise not permitted within the standard municipal zoning district classifications.
(b) Allow the creation of development standards that respect the unique characteristics, natural quality and beauty of the site and the immediate vicinity and protect the community's natural resources by avoiding development on, and destruction of, sensitive environmental areas.
(c) Enable greater review of design characteristics to ensure that the development project is properly integrated into its surroundings and is compatible with adjacent development.
(d) Assure compatibility between proposed land uses within and around the Planned Development District through appropriate development controls.
(e) Pursue the housing and economic development goals of the city.
(f) Promote economical and efficient use of land and reduce infrastructure costs through unified development.
(g) Provide for supporting community facilities.
(h) Establish objective criteria for development plan review that ensure conformity to community and district standards and allow for consistent treatment throughout.
(2) The procedures established for Planned Development Districts are designed to encourage:
(a) Unified development projects that exhibit creative planning and design in ways that cannot be achieved through a standard zoning district or subdivision regulation, yet are consistent with all applicable plans, including but not limited to, the Community Plan, Thoroughfare Plan, infrastructure system, contiguous land uses, and the intent of the Zoning and Subdivision Code.
(b) Imaginative architectural design.
(c) Flexibility in building styles and types.
(d) Proper relationships between buildings, between developments and between structures and the land.
(e) The development of the land in an orderly, coordinated and comprehensive manner consistent with accepted land planning, landscape architecture practices and engineering principles according to approved development plans.
(B) Application. The Planned Development District regulations assist in accomplishing these purposes by establishing review steps that combine the request for a zoning with the development plan review process, and when applicable, the subdivision process. Subsequent plan review following the zoning amendment also requires simultaneous review of subdivision plats.
(1) Each Planned Development District shall be considered a separate and unique zoning district wherein a preliminary development plan, including associated text depicting the specific development standards, is adopted simultaneously with the amendment of the zoning map to apply the PD designation. The preliminary development plan shall apply only to the property within that particular Planned Development District.
(2) Planned Development Districts adopted and established in accordance with the provisions of this chapter and the requirements contained herein shall take precedence over any conflicting regulations contained in the Zoning Code and Subdivision Regulations.
(C) Ownership. The Planned Development District shall be an integrated, unified development project wherein the entire project area shall be in joint ownership or control at the time the application is made for the PD designation so that all property owners are applicants. Any transfer of land within the development resulting in ownership within the development by two or more parties after an application has been filed shall not alter the applicability of the regulations contained herein. A preliminary development plan approved in accordance with these or previous regulations for a Planned Development District shall be binding upon the owners, their successors and assigns and shall limit and control the issuance and validity of all certificates of zoning compliance.
(Ord. 75-03, passed 5-3-04; Am. Ord. 05-23, passed 3-27-23)
(A) Existing Planned Development Districts. Planned Development Districts and all associated development plans and supporting documentation adopted prior to the effective date of these Planned Development District regulations shall continue in effect and be considered legally conforming under this code. The procedures for the implementation of those developments must conform to the regulations indicated in this code. Such planned developments include:
(1) Planned Low-Density Residential Districts (PLR) and their development plans and all supporting documentation adopted pursuant to the Planned Low-Density Residential District regulations.
(2) Planned Commerce Districts (PCD) and their composite plans and all supporting documentation adopted pursuant to the Planned Commerce District regulations.
(3) Planned Industrial Park Districts (PIP) and their development plans and all supporting documentation adopted pursuant to the Planned Industrial Park District regulations.
(4) Planned Unit Development Districts (PUD) and their preliminary development plans and all supporting documentation adopted pursuant to the Planned Unit Development District regulations.
(B) Consistency of terms. For the purposes of this code, plans including all supporting documentation adopted at the time of rezoning shall be referred to as preliminary development plans, and plans including all supporting documentation approved subsequent to such rezoning shall be referred to as final development plans.
(D) Final development plans.
(1) A final development plan shall be required for each phase of development in a Planned Development District, including the Planned Low-Density Residential Districts. If the construction drawings for a particular phase have already been approved as of the effective date of this subchapter, the completion and submission of a final plat in accordance with Chapter 152, Subdivision Regulations shall complete that portion of the project.
(2) An application for review of a final development plan for a Planned Development District established prior to the effective date of these Planned Development District regulations shall follow the procedural steps set forth in § 153.053, shall include the submission requirements set forth in § 153.054, and shall be evaluated according to the plan approval criteria set forth in § 153.055.
(E) Final subdivision plats. Applications for final subdivision plats for phases of Planned Development Districts that are yet to be approved or for changes to previously approved plats shall be reviewed according to the subdivision review procedures in Chapter 152, Subdivision Regulations.
(Ord. 75-03, passed 5-3-04)
(A) Planned Development Districts adopted after the effective date of these regulations. A Planned Development District that is adopted after the effective date of these regulations shall be established according to the following:
(1) All rezonings to a Planned Development District shall be designated as Planned Unit Development Districts (PUD).
(2) A request for rezoning land to a Planned Unit Development District designation shall be made according to § 153.234.
(3) A preliminary development plan shall be reviewed by the Planning and Zoning Commission and City Council according to § 153.053 and a preliminary development plan and supporting documentation shall be adopted at the time of rezoning.
(4) Detailed final development plans shall be reviewed and acted upon by the Planning and Zoning Commission according to § 153.162.
(5) A preliminary subdivision plat may be reviewed simultaneously with a preliminary development plan. A final subdivision plat shall be reviewed simultaneously with a final development plan, unless a final plat has already been approved or is not required for completion of the project. All subdivision plats shall be reviewed and approved by the Planning and Zoning Commission according to Chapter 152, Subdivision Regulations, except as otherwise addressed in §§ 153.050 through §§ 153.056.
(B) General development criteria. A PUD shall be designed and depicted on the preliminary development plan and final development plan in accordance with the following general development criteria:
(1) Plan design. The proposed PUD shall be designed in accordance with accepted planning principles, including the planning and development principles included in this section, to ensure that the use of land, buildings and other structures; the building location, bulk, layout, arrangement, design, and height; the percentages of lot areas that may be occupied; the setback of buildings; the sizes of yards and other spaces; and the density of population are in compliance with the purposes and objectives of the PD regulations as set forth in § 153.050(A).
(2) Permitted and conditional uses. A PUD may include any combination of uses when such use(s) are found to be compatible with one another and in keeping with the intent of these general development criteria, provided the proposed location of the uses will not adversely affect adjacent property and/or the public health, safety and general welfare.
(a) The list of specific uses to be included in the proposed PUD shall be clearly delineated in the preliminary development plan and its supporting documentation.
(b) Uses shall be identified as either permitted uses or conditional uses.
(c) Listed uses shall be defined by their customary name or identification, except where they are specifically defined or limited in this Zoning Code.
(d) Any listed use may be limited to areas delineated in the preliminary development plan.
(3) Planning and development principles. The proposed PUD shall be designed in accordance with the following planning and development principles:
(a) Arrangement of use areas.
1. Buildings and uses within the proposed development shall be located to reduce any adverse influences and to protect and enhance the character of areas adjacent to the development;
2. Whenever a proposed development includes areas of a higher intensity than that permitted in adjacent areas, the location and arrangement of use areas shall include appropriate buffers, open spaces, setbacks, or other transitional areas to ensure compatibility with the lower intensity areas.
3. Buildings, structures and parking areas shall be designed and located within the PUD in ways that conserve environmentally sensitive or unique natural, historic, or cultural features, and minimize environmental impacts.
(b) Arrangement of buildings and yards.
1. The physical relationship of buildings and other site improvements to one another and the surrounding open space, as created by building size, mass, height, shape, and setback, shall result in a harmonious development within the PUD and adjacent to it.
2. The bulk and height of buildings within the proposed development shall be compatible with the surrounding development and sufficiently buffered from the surrounding development to mitigate any potential adverse impact(s).
(c) Landscaping, screening and buffering.
1. The pattern of landscaping shall be coordinated in design and type of materials, mounding and fencing used. Landscaping may vary in density, spacing and other treatments to reflect variations of topography, existing landscape or land uses.
2. Privacy for residential buildings shall be maintained through the use of landscaping, screening and buffering.
3. Appropriate buffer zones with adequate landscaping shall be provided between the proposed development and adjacent areas.
4. Alternative design approaches to meet the intent of the landscape regulations may be incorporated.
(d) Open space. Adequate open spaces shall be integrated throughout the development to meet the objectives of the Community Plan and shall comply with the open space requirements set forth in Chapter 152, Subdivision Regulations. PUDs that include residential uses shall include open space that is located and designed as follows:
1. Open space shall be sufficiently aggregated to create large useable areas of planned open space.
2. Open space shall conserve significant natural features within the PUD to the extent practicable.
3. Open space shall provide a scenic natural environment along existing public streets characterized by large building setbacks that enable the preservation of natural features.
4. All open space shall be easily accessible to residents of the PUD.
5. Where possible, open space areas shall be connected with open space areas on abutting parcels, and wherever possible, by open space corridors.
6. Stormwater features shall not count as open space, unless they achieve a superior, interactive design as outlined in the Neighborhood Design Guidelines.
7. Easements and required perimeter setbacks shall not count toward open space unless they are integrated into the overall open space framework pursuant to the Neighborhood Design Guidelines.
(e) Protection of natural features.
2. A riparian buffer shall be provided along the entire length and on both sides of a river or perennial stream channel. Walkways may be permitted to be located within riparian buffers when the Planning and Zoning Commission determines that such will create minimal change to the riparian buffer.
3. Floodplains shall be protected in compliance with § 153.111 and Chapter 151, Flood Control.
4. Wetlands that are to be retained in their natural state within the PUD shall be protected. A buffer area not less than 20 feet in width measured from the edge of the delineated wetland shall be provided along the entire perimeter of the designated wetland. The buffer area shall not be disturbed and shall be retained in its natural state. Minimum building and pavement setbacks to protect such wetlands and buffer areas shall be established and shall be measured from the edge of such wetlands.
(f) Pedestrian circulation systems. A pedestrian circulation system shall be included and designed to provide convenient and safe pedestrian access throughout the PUD, and to connect to neighboring developments and community facilities. The pedestrian circulation system may include sidewalks and other walkways not located along streets. Trails with public right of passage should be incorporated in the pedestrian circulation system.
(g) Bike paths and other trail systems. Trail systems for bikes and other purposes shall be included and designed in accordance with the city's plan for bike paths. Such trail system shall have a minimum width of eight feet and be properly buffered from any adjacent residential areas.
(h) Street design and vehicular circulation.
1. The proposed vehicular circulation system shall provide adequate connections to the existing street network.
2. The area of the project devoted to streets and related pavement should be the minimum necessary to provide adequate and safe movement and access.
3. Street alignments should be designed to conserve natural features and minimize the need for cut and fill practices.
4. The function of adjacent thoroughfares shall be maintained by limiting access points to the minimum needed, relating them to existing access points, the street patterns on surrounding development, the Thoroughfare Plan and the intensity of proposed uses.
5. Private streets as a common easement may be used to provide access to clustered lots and/or structures.
6. Street lighting and street signs shall be adequate for safety and security.
7. The applicant shall provide and construct on-site and off-site street improvements for the PUD in accordance with the requirements of Chapter 152, Subdivision Regulations and consistent with recommendations included in traffic studies and with any agreements submitted as supporting documentation for the PUD.
8. The design and locations of streets and parking areas shall comply with the requirements set forth in Chapter 53, Storm Water Management.
(i) Off-street parking. The layout of parking areas, service areas, and related entrances, exits, signs, lighting, noise sources or other potentially adverse influences shall be designed and located to protect the character of the area and as well as those areas adjacent to the development.
(j) Signs. All signs and graphics within the PUD shall be compatible in size, location, height, material, shape, color and illumination.
1. A sign plan for the entire PUD shall set forth the design parameters for the entire project to ensure a consistent and comprehensive character throughout the project. The sign plan shall include the design, layout, and dimensions of all ground, window and wall signs as well as distances from rights-of-way and the type and intensity of illumination.
2. Signs should contribute to an overall cohesive design, reflect simplicity, and avoid visual clutter.
3. The overall design and placement of buildings should take into account the general placement of signs so that all permanent signs and their associated lighting fixtures complement the appearance and architecture of the buildings and the PUD.
4. Ground signs should be designed to relate to and share common design elements with the building.
5. The materials and colors of the sign, sign background and sign frame should be compatible with the building's materials and colors.
(k) Utilities. The applicant shall provide and construct on-site and offsite water, sewer and other infrastructure improvements for the PUD in accordance with the requirements of Chapter 152, Subdivision Regulations and consistent with any agreements submitted as supporting documentation for the PUD.
(4) Project phasing. If the PUD is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, utilities, and other public improvements to serve the development in accordance with the applicable criteria set forth above. Each phase shall be provided with temporary and/or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property. Open space areas shall be reasonably proportioned in each phase of the project, and the proposed construction of any recreation facilities shall be clearly identified on a phasing plan.
(5) Common facilities. Common facilities and park areas, regardless of ownership, may be required to be maintained. Adequate access shall be provided at all times to vehicular traffic so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(C) Compliance with existing development standards. Unless otherwise stated and varied in the development standards text, the standards contained in the Dublin Zoning Code that pertain to the specific uses or land development in the PUD shall be applicable. Such standards include, but are not limited to:
(1) Floodplain protection set forth in § 153.111 and Chapter 151, Flood Control.
(6) Subdivision requirements set forth in Chapter 152, Subdivision Regulations.
(7) Provisions of the Residential Appearance Code, § 153.190.
(8) Requirements for storm water management set forth in Chapter 53, Storm Water Management.
(D) Unique requirements and guidelines for PUD. Requirements and guidelines that are necessary to ensure that the proposed PUD complies with the intent of these Planned Development District regulations shall be clearly delineated in the development standards text submitted as part of the preliminary development plan. Elements of the development standards text shall include:
(1) All requirements that are necessary to ensure the PUD is consistent with the Community Plan and compatible with the surrounding development, including, but not limited to:
(a) The list of permitted and conditional uses;
(b) The maximum density for each use area;
(c) Standards for the protection of natural features;
(d) The major vehicular, pedestrian and bike circulation system;
(e) Setbacks and buffer standards for the perimeter of the PUD district and between subareas and differing land uses; and
(f) Any unique development standards or other standards that are determined essential for the project.
(2) All other provisions that set forth the methods for complying with the general development criteria set forth in § 153.052(B).
(Ord. 75-03, passed 5-3-04; Am. Ord. 05-23, passed 3-27-23)
(A) Purpose. The purpose of this section is to provide adequate review of applications for planned developments.
(B) General provisions. Review of applications for Planned Development 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 staff 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 and Zoning Commission agenda. When the application is determined complete and all applicable fees have been paid, the staff shall officially accept the application for consideration. This shall include either a preliminary development plan as set forth in division (D)(1) of this section or a final development plan as set forth in division (E) of this section.
(2) Previously approved Planned Development Districts. Planned Development Districts, including development plans and development standards text adopted prior to the effective date of these Planned Development 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 Chapter 152, Subdivision Regulations, including any subsequent changes to subdivision plats. 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 has already been approved or is not required for completion of the project.
(C) Zoning amendment pre-application meeting with concept plan. The applicant shall meet with the appropriate staff of the Development Department for review of a concept plan prior to submitting an application for a Planned Development 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 the staff. The concept plan shall include the elements indicated in § 153.054(A).
(2) The staff shall forward complex projects, projects involving more than 25 acres, and projects that may not comply with the Community Plan to the Planning and Zoning Commission for their review and feedback.
(3) The applicant may request review and feedback from the Planning and Zoning Commission and/or City Council prior to preparing a preliminary development plan.
(4) No discussions, opinions, or suggestions provided on any aspect of the concept plan shall bind the applicant, or the city, or be relied upon by the applicant to indicate subsequent approval or disapproval by the city.
(D) Zoning amendment request. An application for a zoning amendment to the Planned Development District shall be submitted according to § 153.234. 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 § 153.054(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) Staff review. After determining that an application is complete according to division (B)(1) of this section, the staff shall forward the application to the appropriate city departments and, if determined necessary, professional consultants for review and comment.
1. The application shall be reviewed for compliance with the Community Plan, the Thoroughfare Plan, other adopted plans or studies and the requirements of this code and other applicable city codes.
2. During the course of their 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 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 and Zoning 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 and Zoning Commission prior to the meeting.
(b) Review and action by Planning and Zoning Commission. The Planning and Zoning Commission shall review the application to determine if it complies with the approval criteria set forth in § 153.055(A). The Planning and Zoning Commission shall take into consideration any submitted staff reports, comments, and expert opinions when reviewing the application.
1. Request for additional information/revisions. In their review of an application, the Planning and Zoning Commission may request additional information they deem 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 and Zoning Commission may table the application.
2. Timeframe for review of tabled case. Within 60 days, the applicant will, upon written request to the Director of Planning be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning and Zoning Commission
3. Action by Planning and Zoning Commission. The Planning and Zoning Commission shall recommend to City Council one of the following:
a. That the preliminary development plan and its supporting documentation be approved as submitted;
b. That the preliminary development plan and its supporting documentation be approved with specific conditions set forth by the Planning and Zoning Commission, and agreed to by the applicant, 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 and Zoning Commission shall transmit the zoning amendment application and the preliminary development plan in the form of an ordinance along with all appropriate documentation, including their recommendation to City Council, within 30 days of taking action, unless otherwise requested by the applicant.
(c) Review and action by City Council. City Council shall review and act on the proposed ordinance(s), including conducting a public hearing, in accordance with City Council procedures and public notice provisions set forth in § 153.234.
1. In reviewing the ordinance(s), the City Council shall consider the approval criteria set forth in § 153.055(A).
2. Disapproval by City 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 warrant reconsideration.
(2) Approval of the Planned Development 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 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 City 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 staff. No final development plan application will be processed until the revised preliminary development plan is submitted and approved.
(3) Significance of approved plan. Approval or approval with recommended modifications of the preliminary development plan by the City Council shall:
(a) Establish the development framework for the project, including 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 District process and the unique standards simultaneously adopted, the Planned Development District designation shall remain valid for three years from the date of City Council approval. During that time, the applicant shall prepare and submit a final development plan for review in compliance with division (E) below. In the event progress on the PUD is discontinued, the city may begin procedures to rezone the property to the zoning district in place prior to the Planned Development 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 PUD, or for the first phase of the PUD, is not submitted within three years after approval by City Council of the preliminary development plan;
2. The final development plan for the PUD, or for the latest phase of the PUD, is approved, but construction authorized by such final development plan is not begun within three years after approval of the final development plan; or
3. A final development plan for the PUD is approved, and construction work is discontinued for a period of four years or for a longer period as may be agreed to as part of the PUD zoning amendment.
(b) At any time, the Planning and Zoning Commission may grant an extension to the above stated timeframes for good cause shown.
(E) Final development plans. An application for final development plan review shall include the submission requirements set forth in § 153.054(C) 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 has already been approved or 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 division (B)(1) of this section, staff shall forward the application to the appropriate city 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 city codes.
2. During the course of their review, the 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 and Zoning Commission.
(b) Review by Planning and Zoning Commission. The Planning and Zoning Commission shall review the application to determine if it complies with the approval criteria set forth in § 153.055(B). The Planning and Zoning Commission shall take into consideration any submitted staff reports when reviewing the application.
1. Request for additional information/revisions. In their review of an application, the Planning and Zoning Commission may request additional information they deem 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 and Zoning Commission may table the application.
2. Timeframe for review of tabled case. Within 60 days, the applicant will, upon written request to the Director of Planning be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning and Zoning Commission but not less than 30 days following receipt of the written request.
3. Conditional use review. If the application includes conditional uses, the Planning and Zoning Commission shall review the application according to the procedures set forth in § 153.236 including the requirement for a public hearing. During their review of a conditional use, the Planning and Zoning Commission may prescribe appropriate conditions, stipulations, safeguards and limitations on the conditional use as they may deem necessary and in conformance with the intent and purposes of § 153.236.
4. Compliance with the preliminary development plan. In reviewing the application, the Planning and Zoning 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 and if it represents an expansion and delineation of the approved preliminary development plan.
a. The Planning and Zoning Commission may determine that the proposed plan complies with the preliminary development plan and may proceed to review the Final Development Plan in accordance with the procedures of this section.
b. The Planning and Zoning Commission may, in reviewing the final development plan, approve a modification of a provision of the development standards text if they determine that all of the following provisions are satisfied:
(i) The Planning and Zoning Commission determines that, for this PD, the code compliance is not needed in order to ensure that the PD is consistent with the Community Plan and compatible with existing, approved, or planned adjacent development;
(ii) The Planning and Zoning 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 Community Plan;
(iii) The proposed modification results in a development of equivalent or higher quality than that which could be achieved through strict application of the requirement(s);
(iv) The principles of § 153.052(B) 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. Any proposed modification to a preliminary development plan that fails to meet the above criteria shall require a zoning amendment to the preliminary development plan according to § 153.234.
5. Compliance with current city-wide standards. In the event development standards or construction standards that apply city-wide are updated, all subsequently approved final development plans shall comply with the updated standards when the Planning and Zoning Commission determines that such updated standard(s) will not cause undue hardship.
(c) Action by Planning and Zoning Commission. The Planning and Zoning Commission shall take one of the following actions:
1. Approve the final development plan as submitted;
2. Approve the final development plan with modification(s) as agreed to by the applicant; 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 and Zoning 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.
(F) 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 certificate of zoning compliance and building permit process, consistent with approval as granted, including any conditions and modifications made by the Planning and Zoning Commission.
(1) After approval of the final development plan, the applicant shall obtain a certificate of zoning compliance and building permit prior to construction.
(2) A certificate of zoning compliance and building permit shall not be issued until the appropriate final plat has been recorded and the city has accepted any applicable land areas that are to be dedicated to the city.
(3) All construction and development under any building permit shall be in accordance with the approved final development plan, except as may be permitted in division (G) of this section. 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. The city may require a copy of the recorded document prior to issuing any construction permit.
(G) Modifications to approved final development plans. Requested modifications to approved final development plans shall be reviewed according to the following:
(1) Administrative approval. The Director, in administering the approved final development plan and development text, may authorize minor plan modifications to building layouts, parking arrangements, sign locations, lighting, and other site-related improvements that are required to correct any undetected errors or address changes to the site made necessary during construction, provided the modifications remain consistent with the purpose of the approved final development plan.
(a) No modifications shall be made that increase the permitted density of development or add to the list of permitted or conditional uses.
(b) Modifications deemed minor may include such changes as:
1. Minor adjustments in lot lines provided no additional lots are created and required setbacks are maintained;
2. Minor adjustments in the location of and layout of parking lots provided the perimeter setbacks, yards and buffers are maintained;
3. Minor adjustments in building footprints up to 10% in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use;
4. Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size;
5. Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained;
6. Redesigning and/or relocating landscape mounds, provided that the same level and quality of screening is maintained;
7. Minor modifications to the sign face, landscaping and lighting, provided the other sign requirements of the final development plan are maintained;
8. Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved on the final development plan;
9. Changes required by outside agencies such as the county, state, or federal departments; or
10. Other minor modifications deemed by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval.
(c) The Director shall report approved modifications to the Planning and Zoning Commission. The Director may submit any modification to the Planning and Zoning Commission that would otherwise be considered minor if the Director finds that the overall extent and effect of the proposed modification should be reviewed by the Commission.
(2) Board of Zoning Appeals variances.
(a) Any request for a variation to the development standards text that pertains to an individual single-family dwelling shall be reviewed as a variance according to the procedures set forth in § 153.231(H).
(b) Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of § 153.073.
(3) Planning and Zoning Commission approval.
(a) Modifications other than those listed in division (G)(1) and (2) above not determined by the Director to be minor shall be submitted to the Planning and Zoning Commission. Modifications may be approved provided the Commission finds that the requested changes are compatible with the surrounding development and that the modifications remain consistent with the preliminary development plan.
(b) Any requested 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 division (E) of this section. If approved, those amendments to the final development plan shall supersede the originally approved final development plan.
(Ord. 75-03, passed 5-3-04; Am. Ord. 95-07, passed 1-2-08; Am. Ord. 28-08, passed 5-19-08; Am. Ord. 26-10, passed 8-9-10)
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