§ 153.052 ESTABLISHMENT OF PLANNED DEVELOPMENT DISTRICT.

(A) Process purpose and intent. The purpose of this section is to provide adequate review of applications for rezoning and/or development with the Mixed Use Regional (MUR) Zoning Districts. These procedures are intended to create an efficient and predictable review process for projects within these districts.

(B) Process summary.

(1) The following table summarizes the review and approval processes for the various application types that are applicable to development within a MUR Zoning District. Specifics for each of these processes can be found in the respective section identified in the column titled “Zoning Code Reference”.

Table 8: Process Summary Table
R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback
Review/ Approval Body:	Planning Director	Administrative Review Team	Board of Zoning Appeals	Planning and Zoning Commission	City Council	Zoning Code Reference
Zoning Code Approvals
Zoning Map or Text Amendment	R			R	D	§ 153.234
Conditiona l Use	R			D		§ 153.236
Special Permit	R		D			§ 153.231(G)
Zoning Code Approvals
Use Variance	R		R		D	§ 153.231(H)(3)
Non-Use (Area) Variance	R		D			§ 153.231(H)(2)
MUR District Applications
Pre-Applic ation Staff Meeting	RF					§ 153.048(C)
Informal Plan	R			RF		§ 153.048(D)
Concept Plan	R			D		§ 153.048(E)
Concept Plan with a Develop- ment Agreement	R			R	D	§ 153.048(E)(1)(e)
Final Develop- ment Plan	R		A	D		§ 153.048(F)
Minor Project	R	D		A		§ 153.048(G)
Waivers	R			D		§ 153.048(H)
Administra tive Departure	D		A			§ 153.048(I)
Master Sign Plan	R			D		§ 153.048(J)
Administra tive Approvals	D					§ 153.048(K)
Certificat e of Zoning Plan Approval	D					§ 153.048/ § 153.048(M)(3)

(2) Process flow chart. The following flow chart identifies the primary process applicable to development applications within the MUR Zoning Districts. This is an illustrative representation of the process and does not reflect all possible scenarios and situations.

(1) Purpose and applicability.

(a) The purpose of the pre-application staff meeting submittal is to provide a potential applicant with a non-binding review of a development proposal and to provide information on the procedures and policies of the city, including application review procedures.

(b) Pre-application reviews do not result in a development decision or permit and shall not obligate the city or the applicant to take any action on the proposal.

(2) Review procedures.

(a) A request for a pre-application review shall be made in accordance with the provision of division (M)(1) of this section.

(b) Requests shall be submitted to the Director, who shall be responsible for circulating any submittal material to the applicable departments for input.

(c) The Director and staff shall use reasonable efforts to conduct an expeditious review of the submitted materials and provide non-binding input and recommendations.

(d) The Director may schedule a meeting with the potential applicant to discuss the request or may provide a written summary of the staff review.

(e) Additional staff reviews of the pre-application submittal may be requested by the applicant prior to filing a formal application.

(f) Any and all written summaries of the pre-application review shall be forwarded to the required reviewing body with a formal application.

(D) Informal Plan. Prior to submittal of an application for a Concept Plan, an applicant may submit an informal application for review of a development concept with the PZC. Such submittal shall include a completed application form and supporting material sufficient to describe the development concept. The review of the informal submittal shall be non-binding upon the PZC and the applicant, however, it is intended to provide feedback by the PZC that should inform the preparation and subsequent review of the Concept Plan. The Planning Director shall prepare a brief analysis and comments that will be submitted to the PZC with the application.

(E) Concept Plan.

(1) Purpose and applicability.

(a) The purpose of the Concept Plan is to provide a general outline of the scope, character, and nature of the proposed development to determine if it is consistent with the policy direction and recommendations set forth in the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, the requirements of the MUR Zoning Districts, and applicable Zoning Code requirements.

(b) The Concept Plan review provides an opportunity for public input at an early stage of the development process.

(c) The Concept Plan review is intended to provide clear direction to the applicant by the required reviewing body resulting from its review and approval of the application.

(d) If the Concept Plan is approved by the reviewing body, it shall serve as a basis for preparation by the applicant of the FDP for the proposed development.

(e) For projects that will propose a development agreement due to the need for development timeframe, public infrastructure, public and private contributions, development restrictions, or other related items, City Council shall serve as the required reviewing body for the Concept Plan. In those cases, the Director and the Planning and Zoning Commission shall each review the Concept Plan and provide a recommendation to Council to approve, approve with conditions, or disapprove the Concept Plan.

(2) Review procedures.

(a) The Concept Plan is a mandatory step in the development review and approval process.

(b) An application for a Concept Plan shall be made in accordance with the provisions of division (M)(1) of this section.

(c) The Planning and Zoning Commission shall be required reviewing body for the Concept Plan in the MUR Zoning Districts, unless a development agreement is proposed in conjunction with a proposed project, then City Council shall be required reviewing body for the Concept Plan.

(d) The Concept Plan shall be forwarded to the PZC for approval, approval with conditions, or denial of the application under the criteria of division (E)(4) of this section.

(e) The PZC shall review the Concept Plan application, the Director’s recommendation, and render its decision based on the criteria of division (E)(4) of this section. In the instance the PZC is the required reviewing body, the Commission will render a decision for approval, approval with conditions, or denial and written record of the Commission’s decision shall be provided.

(f) In the instance of a Concept Plan associated with a proposed development agreement, the Commission will make a recommendation of approval, approval with conditions, or denial to City Council.

(g) City Council shall review the Concept Plan application and the recommendations of PZC and the Director, and render its decision based on the criteria of division (D)(3) of this section of approval, approval with conditions, or denial.

(3) Submittal requirements. It is the intent of these regulations that the Concept Plan shall indicate overall design of the proposed project. Information submitted should be comprehensive enough to enable the required reviewing body to understand the existing site and concept for the proposed development, and to evaluate consistency with the review criteria in division (E)(4) of this section. The applicant shall submit an application and supplemental materials as outlined in division (M)(1) of this section and determined by the Director.

(4) Review criteria. The required reviewing body shall make its decision on an application for a Concept Plan based on each of the following criteria and may consider the recommendation of the Director and, if City Council is the required reviewing body, the recommendation of the PZC. For applications associated with a development agreement, the PZC shall apply these criteria in the formulation of its recommendation to City Council.

(a) The Concept Plan is consistent with the applicable policy guidance of the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, the requirements of the MUR Zoning Districts, other applicable Zoning Code requirements, and other applicable city plans, and citywide administrative and financial policies;

(b) The Concept Plan conforms to the applicable requirements of the Code;

(c) The illustrative lots, supporting street and pedestrian network, and internal circulation provide a coherent development pattern and the conceptual locations of access points to surrounding streets will avoid adverse impacts on surrounding neighborhoods and traffic infrastructure;

(d) The proposed land uses allow for appropriate integration into the community, consistent with adopted plans, and align with the requirements of § 153.046, Uses;

(e) The conceptual buildings are appropriately sited and scaled to create a cohesive development character that complements the surrounding environment, and conforms to the requirements of § 153.047, Site Development Standards and the MUR Design Guidelines;

(f) The conceptual design of open spaces, including location and relationship to surrounding buildings, provides for meaningful public gathering spaces that benefit the community both within and outside the proposed development; and

(g) The Concept Plan allows for the connection and or expansion of public or private infrastructure and the continued provision of services required by the city or other public agency.

(F) Final Development Plan.

(1) Purpose and applicability.

(a) The purpose of the Final Development Plan (FDP) is to confirm compliance with the Concept Plan, all applicable requirements of the Code, Community Plan, Dublin Corporate Area Plan, MUR Design Guidelines, and other adopted plans, policies, and regulations, and the review criteria.

(b) The FDP allows the PZC to ensure that the proposed development is compliant with the following:

1. That the street network provides a coherent and rational development pattern, and the site provides for clearly identified pedestrian accessible routes and connections;

2. That the proposed building(s) is appropriate to the location and neighborhood, including assuring that the dimensions of a parcel meet the lot size requirements for the applicable zoning district;

3. That the architecture, building materials and colors, landscaping and buffering, and site layout create a functional, aesthetically appealing place;

4. That planned open spaces and building are integrated in order to complement each other;

5. That the proposed development is consistent with the general development requirements of the city with respect to such elements as infrastructure, transportation, and environmental considerations; and

6. That the proposed development will contribute to the creation of signature places in the city.

(c) The FDP is intended to verify the proposed development, or phases of development, is in compliance with all applicable code requirements and design guidelines and is consistent with the Concept Plan.

(d) All development within the MUR Districts shall require an approved FDP prior to applying for site disturbance approval, Certificate of Zoning Plan Approval (CZPA), and/or building permits. In addition, the following development activities shall also require an approved FDP:

1. When a project involves the design or construction of new streets, or a proposed realignment or relocation of any street that is required or permitted by the city;

2. When a project requires land subdivision in accordance with Chapter 152; or

3. When a project does not meet the criteria for a Minor Project (MP).

(e) Applications for an FDP shall be reviewed by the PZC, whose approval shall be binding and shall serve as the regulatory and administrative document for zoning compliance.

(2) Review procedures.

(a) An application for an FDP shall be submitted in accordance with the provisions of divisions (F)(4) and (M)(1) of this section.

(b) The PZC shall be the required reviewing body for the FDP within the MUR Zoning Districts.

(c) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the FDP application under the criteria of division (F)(4) of this section.

(d) The PZC shall review the FDP application and the recommendation of the Director and render its decision based on the criteria of division (F)(4) of this section for approval, approval with conditions, or denial. A written record of the Commission’s decision shall be provided.

(3) Submittal requirements. It is the intent of these regulations that an FDP shall provide final project information that is sufficient to ensure general conformity to an approved Concept Plan. Information should be sufficiently detailed to enable the PZC to understand the existing site and the FDP for the proposed project or a portion thereof, and to evaluate consistency with the review criteria in division (F)(4) of this section. The applicant shall submit an application and supplemental materials as outlined in division (M)(1) of this section and determined by the Director.

(4) Review criteria. The PZC shall make its decision on an application for an FDP based on each of the following criteria:

(a) The FDP shall be substantially similar to the approved Concept Plan, and consistent with the record established by the required reviewing body, the associated staff report, and the Director’s recommendation;

(b) The proposed development is consistent with the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, other adopted city plans, and citywide administrative and financial policies;

(d) The proposed buildings are appropriately sited and conform to the requirements of § 153.047, Site Development Standards;

(e) The proposed street layout and lots conform to the requirements;

(f) The proposed design of the internal circulation system, driveways, and any connections to the public realm provide for safe and efficient access for pedestrians, bicyclists, vehicles, and emergency services;

(g) The proposed building design, site design, landscaping and buffering plan, and open spaces are consistent with the MUR Design Guidelines;

(h) The scale and design of the proposed development allows for the adequate provision of services currently furnished by or that may be required by the city or other public agency including, but not limited to, fire and police protection, public water and sanitary sewage services, recreational activities, traffic control, waste management, and administrative services;

(i) The proposed development provides adequate stormwater management systems and facilities that comply with the applicable regulations of this Code and any other applicable design criteria or regulations as adopted by the city or required by other government entities;

(j) The proposed development can be adequately serviced by existing and/or planned public or private infrastructure consistent with the city's most recently adopted capital improvements program;

(k) If the development is proposed to be implemented in phases, each phase has adequate infrastructure to serve the development independently without the need for further phased improvements; and

(l) The proposed development demonstrates consistency with the recommendations, principles, and intent of all applicable design standards and guidelines, including but not limited to buildings, open spaces, and streetscapes.

(G) Minor Project.

(1) Purpose and applicability. The purpose of the Minor Project (MP) is to provide an efficient review process for smaller projects that do not have significant community effects.

(2) Minor Projects defined. The following projects shall be considered eligible for review and approval as a Minor Project:

(a) Development of mixed use and nonresidential principal structures of 3,500 square feet or less gross floor area and associated site development requirements for sites zoned MUR-4.

(b) Additions or modifications to principal structures that increase the gross floor area by not more than 25%, or not more than 2,500 square feet gross floor area, whichever is less, existing as of the effective date of this amendment, or when first constructed, and associated site development requirements for sites zoned MUR-4.

(c) Exterior modifications to principal structures involving not more than 25% of any individual facade elevation of the structure. The repainting of a facade, either partially or fully, shall be considered a Minor Project.

(d) Signs, landscaping, parking, and other site related improvements that do not involve construction of a new principal building.

(e) Accessory structures and uses.

(f) Parking plans when not associated with an FDP.

(3) Review procedure.

(a) An application for a Minor Project (MP) shall be made in accordance with the provisions of divisions (G)(5) and (M)(1) of this section.

(b) The ART shall be the required reviewing body for the MP.

(c) The Director shall make a recommendation to the ART for approval, approval with conditions, or denial of the MP under the criteria of division (G)(5) of this section.

(d) The ART shall review the MP application and the Director’s recommendation, and render its decision based on the criteria of division (G)(5) of this section for approval, approval with conditions, or denial. A written record of the PZC’s decision shall be provided.

(e) If the application is not approved by the ART, the applicant shall be given the opportunity to revise the application in response to the ART comments and resubmit for reconsideration.

(f) Decisions of the ART are appealable to the PZC.

(4) Submittal requirements. It is the intent of these regulations that an application for a MP provides sufficient information to ensure general conformity to the applicable provisions of this Code. The information should be sufficiently detailed to enable the required reviewing body to understand the existing site and the MP request for the proposed project or a portion thereof. The applicant shall submit an application and supplemental materials as outlined in division (M)(1) of this section and determined by the Director.

(5) Review criteria. The Planning and Zoning Commission shall make its decision on an application for a MP based on each of the following criteria and the recommendation of the Director:

(a) The MP shall be consistent with the Community Plan, the Dublin Corporate Area Plan, applicable Zoning Code requirements, MUR Design Guidelines, and adopted plans, policies, and regulations;

(b) In cases where a MP is proposed within or as part of an approved FDP, the MP shall be consistent with such approved FDP;

(c) The MP shall be consistent with the record established by the required reviewing body, the associated staff report, and the Director’s recommendation;

(d) The proposed land uses meet all applicable requirements and use specific standards of § 153.046, Uses; and

(e) The proposed site improvements, landscaping, screening, and buffering shall meet all applicable requirements of the Code and respond to the standards of the MUR Design Guidelines.

(H) Waivers.

(1) Purpose and applicability. Under the provisions of this section, waivers are a process to allow deviations from specific Code requirements that may only be granted by the PZC.

(2) Waivers defined. A waiver is defined as a request for a deviation from the requirements of § 153.047 (site development standards) which do not otherwise qualify for an AD under the provisions of division (I) of this section.

(3) Review procedure.

(a) An application for a waiver shall be made in accordance with the provisions of divisions (H)(2) and (M)(1) of this section.

(b) A waiver may be submitted with any application for an FDP or a MP.

(c) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the waiver under the criteria of division (H)(5) of this section. Additional waivers determined by the Director during his/her review, may be included for review by the PZC.

(d) The PZC shall review the requested waiver using the criteria of division (H)(5) of this section. Should other waivers be necessary to resolve conflicts with other requirements of this chapter resulting from the requested waiver, those waivers shall also be reviewed by PZC.

(e) The PZC shall approve, approve with conditions, or deny the waiver request. A written record of the ARB decision will be provided.

(4) Submittal requirements. It is the intent of these regulations that an application for a waiver provides sufficient information to evaluate whether the waiver should be granted under divisions (H)(2) and (H)(5) of this section. The information should be sufficiently detailed to enable the PZC to understand the existing site, proposed FDP or MP, and the related waiver request for the proposed project or a portion thereof. The applicant shall submit an application and supplemental materials as outlined in division (M)(1) of this section and determined by the Director.

(5) Review criteria. The ARB shall make its decision on an application for a proposed waiver based on all of the following criteria:

(a) The need for the waiver is caused by unique site conditions, the use of or conditions on the property or surrounding properties, or other circumstance outside the control of the owner/lessee, including easements and rights-of-way;

(b) The waiver, if approved, will generally meet the spirit and intent of the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, applicable Zoning Code requirements, other adopted city plans and policies, and all applicable requirements in §§ 153.045 through 153.048;

(d) The waiver, if approved, will ensure that the development is of equal or greater development quality with respect to design, material, and other similar development features than without the waiver;

(e) The requested waiver is better addressed through the waiver rather than an amendment to the requirements of this chapter; and

(f) The waiver does not have the effect of authorizing any use that is not otherwise permitted in the applicable zoning district.

(I) Administrative Departures.

(1) Purpose and applicability.

(a) The intent of the Administrative Departure (AD) is to provide an efficient process to allow minor deviations from the strict application of the Code requirements caused by unusual site or development conditions or conditions unique to a particular use or other similar conditions that require reasonable adjustments, while remaining consistent with the intent of this chapter.

(b) The AD shall not convey special rights or other approvals that would not otherwise result from a decision under this Code.

(2) Administrative Departure defined. An AD shall be limited to any modification of no greater than 10% to a numeric zoning standard related to building dimensions, lot dimensions or coverage, open space, landscaping, parking, fencing, walls, screening, or exterior lighting.

(3) Review procedure.

(a) An application for an AD shall be made in accordance with the provisions of divisions (I)(5) and (M)(1) of this section.

(b) The PZC shall be the required reviewing body for administrative departures.

(d) A request for an AD may be processed simultaneously with an FDP or MP to which it relates.

(e) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the AD under the criteria of division (I)(5) of this section.

(f) The PZC shall determine whether each requested AD is approved, approved with conditions, or denied. A written record of the PZC’s decision will be provided.

(g) Should the PZC find that the request does not meet the criteria for an AD, the applicant may request a waiver under the provisions of division (H) of this section or submit a new application for an FDP or MP, as applicable.

(4) Submittal requirements. It is the intent of these regulations that an application for an AD provides sufficient information to evaluate whether the request should be granted under divisions (I)(2) and (I)(5) of this section. The information should be sufficiently detailed to enable the required reviewing body to understand the existing site, proposed AD, and the related FDP or MP for the proposed project or a portion thereof. The applicant shall submit an application and supplemental materials as outlined in division (M)(1) of this section and determined by the Director.

(5) Review criteria. The PZC shall make its decision on the requested AD based on the following criteria:

(a) The need for the AD is caused by unique site conditions, conditions on surrounding properties, and/or otherwise complies with the spirit and intent of the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, applicable Zoning Code requirements, other adopted city plans and policies, and all applicable requirements within §§ 153.045 through 153.048;

(b) The AD is not being requested simply to reduce cost or as a matter of general convenience;

(c) The AD does not have the effect of authorizing any use, sign, building type, or open space type that is not otherwise permitted in the applicable zoning district;

(d) The AD, if approved, does not adversely impact the pedestrian experience; and

(e) The AD, if approved, will ensure that the development is of equal or greater development quality with respect to design, material, and other development features than without the AD.

(J) Master Sign Plan.

(1) Purpose and applicability.

(a) The purpose of the Master Sign Plan (MSP) is to define the scope, character, and aesthetic quality of signs and sign regulations for an individual tenant, multi-tenant building, or multi-building development; while allowing an additional degree of flexibility and creativity in sign design and display.

(b) The MSP review is intended to confirm the proposed sign design or comprehensive sign plan is consistent with the development context, architectural character, the Dublin Corporate Area Plan, and the MUR Design Guidelines. MSPs are not intended to permit larger or more visible signs and are not intended to permit a greater number of signs without consideration of the MUR Design Guidelines.

(c) The MSP allows the PZC the means to evaluate the proposal for its consistency with §§ 153.045 through 153.048; the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, and other adopted city plans, and the review criteria, and to consider the proposal within the context of existing and planned development within the vicinity of the project boundary.

(2) Review procedure.

(a) An application for an MSP shall be submitted in accordance with the provisions of divisions (J)(4) and (M)(1) of this section.

(b) The PZC shall be the required reviewing body for MSPs in the MUR Zoning Districts.

(c) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the MSP application under the criteria of division (J)(4) of this section. The Director’s recommendation shall be provided prior to the respective public hearing.

(d) The PZC shall review the MSP application and the recommendation of the Director, and render its decision based on the criteria of division (J)(4) of this section for approval, approval with conditions, or denial. A written record of the Commission’s decision shall be provided.

(e) The applicant may request additional review meetings with the PZC.

(3) Submittal requirements. It is the intent of these regulations that the MSP shall indicate general information, sign design standards, and the area of applicability. Information submitted should be comprehensive enough to enable the PZC to understand the existing site and design concept for the proposed MSP. The applicant shall submit an application and supplemental materials as outlined in division (M)(1) of this section and determined by the Director.

(4) Review criteria. The PZC shall render its feedback on an application for an MSP based on each of the following criteria and the recommendation of the Director.

(a) The MSP is consistent with the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, applicable Zoning Code requirements, and other adopted city plans and policies;

(b) The proposed signs are appropriately sited and scaled to create a cohesive character that complements the surrounding environment and meets the intent of the requirements of § 153.047, Site Development Standards and the MUR Design Guidelines; and

(c) The proposed signs are not in conflict with public streets, open spaces, utilities, or rights-of-way, and do not impede the continued provision of services required by the city or other public agency.

(K) Administrative Approvals.

(1) Purpose and applicability.

(a) The Director may authorize an Administrative Approval (AA) to an approved FDP or MP that is required to correct any undetected errors or omissions, address conditions discovered during the permitting process or construction, or that is necessary to ensure orderly and efficient development.

(b) Any approved AA must be consistent with the intent of the related approved FDP or MP.

(c) The Director may also authorize an AA to existing structures and associated site improvements that are necessary to complete ordinary maintenance, refurbishment, or Zoning Code compliance.

(2) Administrative Approval defined. The following are considered AA’s:

(a) Adjustments to lot lines;

(b) Adjustments to the location and layout of parking lots;

(d) Adjustments to building height up to 10% for no more than 10% of the floorplate of the highest occupied floor when necessary, to accommodate building equipment or features required to comply with building code;

(e) Substitution of landscaping materials specified in the landscape plan;

(f) Redesigning and/or relocating stormwater management facilities;

(g) Relocating fencing, walls, or screening (not including screening walls);

(h) Modifications to sign location, sign face, landscaping, and lighting;

(i) Changes in building material or color;

(j) Changes required by outside agencies such as the county, state, or federal departments; and/or

(k) Other modifications deemed appropriate by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval.

(3) Review procedure.

(a) An application for an AA shall be made in accordance with the provisions of divisions (K)(4) and (M)(1) of this section.

(b) The Director shall be the required reviewing body for applications for an AA.

(c) The Director shall review the request after receiving a complete application and make a decision to approve, approve with conditions, or deny an AA application under the criteria of division (K)(5) of this section. The Director’s decision shall be provided to the applicant in writing.

(d) The Director may forward any AA application to the PZC for consideration. In making such a determination, the Director shall conclude that the application raises complex issues, including that the proposal is of such magnitude that it has a detrimental effect on the approved development or there are neighborhood or community-wide effects that may result if the proposal is approved, that would benefit from a public review and decision by the PZC.

(e) If denied, or approved with conditions, the applicant shall be given the opportunity to revise the request in response to the Director's comments and resubmit for further consideration.

(f) Requests not meeting the requirements for an AA shall require the filing and approval of a new application for an FDP, MP, or other application as applicable, in accordance with this section.

(g) Decisions by the Director may be appealed to PZC.

(4) Submittal requirements. It is the intent of these regulations that an application for an AA provides sufficient information to ensure general conformity to the applicable provisions of this Code and the approved FDP or MP, and to evaluate whether the AA should be granted under division (K)(2) and (K)(5) of this section. The information should be sufficiently detailed to enable the Director to understand the existing site and the AA request for the proposed project or a portion thereof. The applicant shall submit an application and supplemental materials as outlined in division (M)(1) of this section and determined by the Director.

(5) Review criteria. The Director shall make his or her decision on an application for a proposed AA based on all of the following criteria:

(a) Adjustments to lot lines do not create additional lots and required setbacks are maintained, and the boundaries to any approved FDP or MP are not altered;

(b) Adjustments to the location and layout of parking lots maintain the perimeter setbacks, yards, buffers, and required parking;

(c) Adjustments for buildings do not alter the character or the use of the originally approved building, building height(s), or floor plans except as provided for in division (K)(2) of this section;

(d) Substitution of landscaping materials shall be of an equal or greater size and quality as the approved materials;

(e) Redesigned and/or relocated stormwater management facilities shall maintain the approved general character of said facilities and the approved stormwater capacities;

(f) Relocating fencing, walls, or screening (not including screening walls) shall maintain the same level and quality of materials and screening;

(g) Modifications to sign location, sign face, and related landscaping and lighting, shall maintain the approved general sign design, number of signs, and dimensional requirements;

(h) Changes in building material shall be similar to and have the same general appearance comparable to previously approved material; such changes shall be of equal or higher quality than the previously approved material;

(i) Changes in color shall be complementary to the architectural design and character of the building;

(j) The modification is not being requested solely to reduce cost or as a matter of general convenience; and

(k) The requested modification would be better addressed through the modification rather than an amendment to the requirements of this chapter or to the approved FDP or MP.

(L) Other applicable approvals.

(1) Conditional uses. The conditional use approval procedures in § 153.236 shall apply in the MUR Zoning Districts. The PZC is the required reviewing body for conditional use applications.

(2) Zoning map or text amendment. The amendment procedures of § 153.234 shall apply in the MUR Zoning Districts. In addition, a recommendation from the Director shall be submitted for consideration by the PZC and City Council.

(3) Preliminary and final plats. Reviews of preliminary and final plats shall be governed by Chapter 152 of the Dublin Code of Ordinances.

(4) Special permit. The special permit procedures in § 153.231(G) shall apply in the MUR Zoning Districts.

(5) Zoning variance. The zoning variance procedures in § 153.231(H) shall apply in the MUR Zoning Districts. In addition, a recommendation from the Director shall be submitted for consideration by the Board of Zoning Appeals, and for City Council in the instance of a use variance.

(6) Public tree permit. The tree permit requirements of § 153.134(G) shall apply in the MUR Zoning Districts.

(M) General provisions.

(1) Applications.

(a) Each application required by this section shall be made in writing on a form provided by the city and shall be accompanied by the fee as established by City Council.

(b) Applications shall include all information required by the city, unless deemed unnecessary by the Director based on the nature and scale of the proposed development. No application shall be accepted and processed by the city until it is deemed complete by the Director. If found to be incomplete, the Director shall inform the applicant of any additional materials required to certify that the application is complete.

(c) After acceptance of a complete application, the Director and/or required reviewing body may request additional materials if deemed necessary to evaluate the proposal.

(d) No application for an FDP that has been denied by the PZC shall be resubmitted for a period of one year from the date of the decision, unless permitted by the Director after a demonstration by the applicant of a change of circumstances from the previous application that may reasonably result in a different decision.

(e) The Director may approve the simultaneous review of applications required by this chapter and/or a subdivision plat required by the Code if the Director determines that simultaneous review will not adversely impact the achievement of the purpose and intent of this chapter.

(f) Where public reviews are required by this chapter, a written notice of the public meeting shall be sent, not less than ten days prior to the meeting, to the applicant, property owner, and owners of parcels of land within 300 feet of the subject parcel(s), as listed on the County Auditor's current tax list. The notice shall, at a minimum, indicate the property that is the subject of the request, describe the nature of the request, the time, date and location of the meeting at which the application will be considered, and indicate when and where written comments will be received concerning the request.

(2) Decisions.

(a) Any application required to be reviewed under this section shall be approved, approved with conditions, or denied by the required reviewing body based on the applicable review criteria as provided in this section and other applicable provisions of this chapter. The recommending body and required reviewing body shall state the reasons for their decisions in the minutes and provide a written record of the decision.

(b) Prior to reaching a decision, if the required reviewing body determines that an application does not meet the applicable review criteria as provided in this section and other applicable provisions of this chapter, but determines that the application could meet those criteria with modifications that could not be reasonably conditioned, the applicant may request that the decision on the application be postponed to provide the opportunity to make those modifications.

(c) Following the approval of an FDP or MP, the applicant may proceed with the process for obtaining a Certificate of Zoning Plan Approval (CZPA) and Building Permit (BP), consistent with the approval as granted. All construction and development under any BP shall comply with the approved FDP and MP, and any other approval, as applicable.

(3) Certificate of Zoning Plan Approval. A CZPA issued by the Director verifying compliance with all applicable zoning requirements is required prior to modification, extension, or alteration of sites and structures, and/or change of use in MUR Zoning Districts.

(4) Duration of approvals.

(a) An approved Concept Plan shall be valid for a period of no more than one year. If an application has not been filed for an FDP for at least a portion of the site within that two-year period, then the Concept Plan shall no longer be valid. A new Concept Plan application shall be required in accordance with the requirements of this chapter.

(b) An approved FDP shall be valid for a period of no more than two years. If a Building Permit and/or CZPA has not been filed for at least a portion of the project within the two-year period, the FDP shall no longer be valid. A new FDP application shall be required in accordance with this chapter.

(c) An approved MP shall be valid for a period of no more than two years. If a Building Permit and/or CZPA for at least one portion of the site has not been filed within that two-year period, then the MP shall no longer be valid. A new MP application shall be required in accordance with this chapter.

(d) Abandonment.

1. Once a final approval is granted by the required reviewing body, if the Director of Building Standards determines that work has been abandoned for a continuous period of six months, the approval shall lapse and cease to be in effect.

2. The Director of Building Standards shall make the determination of abandonment based on the presence of one or more of the following conditions:

A. Removal of construction equipment or supplies;

B. Expiration of an active building permit issued by the city;

C. Evidence of a failure to maintain the property, such as overgrown weeds, failure to secure buildings, broken windows, or other evidence of lack of maintenance;

D. Other actions documented by the Director of Building Standards and/or Director evidencing an intent to abandon the construction of the project.

3. Once the Director of Building Standards makes a determination of abandonment, if a new application is not submitted within 90 days from the date of the determination, the owner shall restore the site to its previous condition, and/or remove any structures or other evidence of work on the site, within 180 days from the date of the determinat ion of abandonmen t. If the owner fails to restore the site to its previous condition within 180 days, the city may take any and all actions necessary to restore the site to its previous condition, including removing any structures or other evidence of work, and the costs of removal shall be assessed against the property.

(Ord. 86-21, passed 12-6-21)

PLANNED DEVELOPMENT DISTRICTS

§ 153.050 PURPOSE AND APPLICATION.

(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.

(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)

§ 153.051 STATUS OF PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICTS.

(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.

(C) Changes to preliminary development plans. A change to an adopted preliminary development plan shall be considered to be a zoning amendment and shall be reviewed according to the procedures set forth in § 153.053 and the plan approval criteria set forth in § 153.055.

(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)

§ 153.052 ESTABLISHMENT OF PLANNED DEVELOPMENT DISTRICT.

(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).

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.

1. Trees shall be preserved, protected, and replaced in compliance with the requirements set forth in §§ 153.140 through 153.148.

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.

(2) Landscaping requirements set forth in §§ 153.130 through 153.139.

(3) Tree preservation, protection and replacement requirements set forth in §§ 153.140 through 153.148.

(4) Sign regulations set forth in §§ 153.150 through 153.164.

(5) Off-street parking and loading requirements set forth in §§ 153.200 through 153.212.

(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;

(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)

§ 153.053 PROCEDURES.

(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.

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)

§ 153.054 SUBMISSION REQUIREMENTS.

(A) Contents of concept plan application. It is the intent of these regulations that the concept plan shall generally indicate overall design of the proposed project, including conformance with the Neighborhood Design Guidelines for residential projects. Information submitted should be comprehensive enough to enable the staff to understand the existing site and concept for the proposed development. The applicant shall submit a number of copies as determined by the Director of Planning. The information submitted should include the following:

(1) Completed application form along with the application fee.

(2) Vicinity map indicating the location of the site in the city and the general location of principal thoroughfares.

(3) Regional context map. A map indicating the proposed site and all areas within 2,000 feet in all directions showing both the basics of the proposed layout contained in the application and the property lines of the adjacent areas on a drawing that is 11 inches by 17 inches.

(4) Map of existing conditions and features drawn to scale, with accurate boundaries of the entire project and a north arrow, including the property proposed for development, all adjacent rights-of- way and 100 feet of property immediately adjacent thereto, indicating:

(a) Existing public improvements, permanent facilities, easements and property boundaries;

(b) General indication of existing structures on the site and abutting properties;

(c) Physical features and natural conditions of the site including the location of streams, tree masses, open spaces, etc.;

(d) General topography;

(e) Existing zoning district boundaries and jurisdictional boundaries;

(f) Surface drainage and areas subject to flooding;

(g) Existing public and private utility systems;

(h) Regional transportation system.

(5) The concept plan map, drawn to scale with accurate boundaries of the entire project and a north arrow, including the property proposed for development, all adjacent rights-of-way and 100 feet of property immediately adjacent thereto, indicating:

(a) Depiction of proposed land uses, including open space areas, indicating the approximate acreage by land use, density and type of buildings or dwelling units;

(b) The location of any lands to be dedicated to any public agency;

(d) The relationship of the proposed project to the surrounding area.

(B) Contents of preliminary development plan application. The application shall include the maps, plans, and supplementary documentation itemized below and as indicated in the Neighborhood Design Guidelines for residential projects. The applicant shall submit a number of copies as determined by the Director of Planning. The information submitted should include the following:

(1) Completed application form along with the application fee. The application shall be signed and notarized.

(2) Vicinity map showing the relationship of the proposed PD to existing development and including existing property lines, easements, utilities, and street rights-of-way of the subject property and property within 500 feet of the site, zoning district boundaries, and existing land uses and structures.

(3) Regional context map. A map of the proposed site and all areas within 2,000 feet in all directions showing both the basics of the proposed layout contained in the application and the property lines of the adjacent areas on a drawing that is 11 inches by 17 inches.

(4) Legal description.

(5) Map of existing conditions and features drawn to scale, with accurate boundaries of the entire project and a north arrow, including:

(a) Boundaries of the area proposed for development, dimensions and total acreage;

(b) Existing public rights-of-way, buildings, permanent facilities, access points and easements on, and adjacent to, the site;

(d) Existing zoning district boundaries and jurisdictional boundaries;

(e) Existing utility systems and providers;

(f) The location of existing topography showing contour lines at vertical intervals of not more than five feet, highlighting ridges, rock outcroppings and other significant topographical features and identifying any areas with slopes over 5%;

(g) Locations of all wooded areas, tree lines, hedgerows, and a description of significant existing vegetation by type of species, health, and quality;

(h) Delineation of existing drainage patterns on the property;

(i) Location of wetlands (and potential wetlands) the 100-year floodplain, floodway boundary, 20-foot buffer area beyond the floodway, and flood elevation as delineated by the Federal Emergency Management Agency maps including rivers and streams and their related river or stream bank, ponds, and water courses and as required by Chapter 151, Flood Control.

(6) The preliminary development plan map shall include a plan for the entire area of the proposed project and shall be drawn to an appropriate scale with accurate boundaries of the entire project including a north arrow. The applicant shall submit a number of copies as determined by the Director of Planning. The information submitted shall indicate:

(a) The proposed location, use and size of areas of residential, retail, office, industrial or institutional uses, community facilities, parks, playgrounds, school sites and other public areas and open spaces with the suggested ownership and maintenance provisions of such areas, and their related parking areas, and access points;

(b) The general layout of the proposed internal road system, indicating the proposed vehicular right-of-way of all proposed public streets, general indication of private streets and pedestrian circulation, bike paths and other trail systems, access drive locations, improvements to existing streets, and traffic control requirements;

(d) Natural areas and other natural features to be conserved and any required buffer areas;

(e) Natural features to be altered or impacted by the development and areas where new landscaping will be installed, etc.;

(f) A summary table showing total acres of the proposed development; the number of acres devoted to each type of use, including streets and common areas; the number of dwelling units by type and density for each residential use area and the building height(s); and square footage as proposed for retail, office, industrial and institutional uses, by use area; and the number of parking spaces provided for each use area;

(g) Space for signatures of the applicant and the Planning and Zoning Commission Secretary, and the dates of Planning and Zoning Commission and Council approvals.

(7) Preliminary plat, if appropriate, designed in compliance with the subdivision requirements set forth in Chapter 152, Subdivision Regulations. The required subdivision information may be included on the preliminary development plan.

(8) Architectural drawings demonstrating the prototypical designs of the proposed buildings, to demonstrate the exterior design, character and general elements in sufficient detail to indicate the proposed visual character of the development.

(9) Project phasing map. A phasing plan and schedule identifying the separate phases of the project, including utilities and any off-site improvements. Such schedule shall include the proposed use or reuse of existing features such as topography, structures, streets, easements and natural areas.

(10) Proposed utilities including the proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness, including verification of availability.

(11) Traffic study indicating the impact of future traffic on the existing and proposed roadway system, as required by the City Engineer.

(12) Explanation of relationship of proposed development to existing and future land use in the surrounding area, the street system, community facilities and open space system, services and other public improvements. If the proposal is not fully consistent with Community Plan, the applicant shall submit a letter justifying the proposed deviation from the Community Plan.

(13) Development standards text. The development standards text identifying the requirements that are to govern the design and layout of the PUD.

(a) The development standards text shall include signature and date lines for the applicant certifying the text.

(b) Dimensions and/or acreages illustrated on the development plan shall be described in the development standards text.

(c) Any dimensions or other provision that departs from any applicable standards set forth in the Dublin Zoning Code, especially addressing signs, landscaping, appearance, and parking, shall be clearly described.

(d) Adequate provision shall be made to establish a private organization (i.e. homeowners association) with direct responsibility to provide for the operation and maintenance of all common facilities that are part of the planned development, and, in such instance legal assurances shall be provided to show that the private organization is self-perpetuating.

(C) Contents of final development plan application. The application shall include the maps, plans, designs and supplementary documents itemized below, and as indicated in the Neighborhood Design Guidelines for residential projects. Copies of the maps, plans, designs and supplementary documents shall be submitted. Final development plans are intended to be detailed refinements for development and, as such, shall be accurate, detailed representations of the total aspects of the approved preliminary development plan. The applicant shall submit a number of copies as determined by the Director of Planning. The information submitted shall include the following:

(1) Completed application form along with the application fee.

(2) Vicinity map showing the relationship of the area of the final development plan to the entire Planned Development District and including existing structures, property lines, easements, utilities, and street rights-of-way of the subject property and property within 500 feet of the site;

(4) Final subdivision plat. A final plat shall be submitted in accordance with Chapter 152, Subdivision Regulations, if the proposed development includes the subdivision of land and a final plat has not already been approved;

(5) Legal description of the property, if a final plat is not submitted, with accurate distances and bearings from an established monument on the project to the three nearest established street lines or official monuments; and stamped or sealed evidence from a surveyor registered in the State of Ohio or engineer that the monuments actually exist and that all dimensional and geodetic details are correct;

(6) Final development plan map prepared by a qualified professional such as a licensed architect, surveyor, engineer or landscape architect, and drawn to an appropriate scale indicating the following items, to the extent that the information is not already shown on the final subdivision plat or construction drawings for a subdivision:

(a) A bar scale, north arrow, and total acreage of the area that is the subject of the final development plan, and accurate location of all monuments;

(b) Radii, arcs, points of tangency, central angles for all curvilinear street, radii for all rounded corners, and length of all straight center line between curves on all public and private street;

(c) The right-of-way lines of adjoining streets and alleys with their width and names, and indicating the edge of pavement and centerline;

(d) All lot lines and easements with their dimensions;

(e) The dimensions and locations of proposed structures, buildings, streets, parking areas, yards, playgrounds, school sites and other public or private facilities; the proposed pedestrian and bike path systems; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;

(f) Location of existing and proposed structures including fences, walls, signs, and lighting;

(g) Location and layout of all proposed and existing outdoor storage areas including storage of waste materials and location of trash receptacles;

(h) Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;

(i) Delineation and identification of areas to be dedicated or reserved for public use, provided those areas are acceptable to the city, with the purposes indicated thereon, and of any area to be reserved by deed covenant for the common use of all property owners, listing who will maintain the acreage of such areas, or indicating if it is to be dedicated or reserved and the proposed timing of dedication or reservation;

(j) Space for signatures of the owner, and applicant if different that the owner, and the Planning and Zoning Commission Secretary, and the date of Commission approval;

(k) Summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and open space, and the number of proposed dwelling units by type, building square footage, number of parking spaces, pavement coverage, impervious surface area and acreage devoted to open space, private streets, and other public facilities.

(7) Proposed utilities. Verification of availability of all utilities, including water, sanitary sewer, gas, electric, cable, etc., and indication of all utility line extensions;

(8) Additional plans for proposed development.

(a) Topographic maps showing existing and proposed grading contours, water courses, wetlands and flood plains and other flood hazard boundaries and information;

(b) Landscaping and screening plans as required by § 153.136(A);

(d) A lighting plan, including, but not limited to, light pole heights and locations, building accent lighting, pedestrian lighting, average footcandle calculations minimum foot-candles and maximum foot-candles.

(e) A dimensioned sign plan indicating the character, material, dimensions, location, shape, color(s) and type of illumination of signs;

(f) Architectural plans for the proposed development, showing all exterior elevations and building floor plans, colors, materials, and other details to indicate the type of architectural style proposed for the development and conformity with applicable appearance standards, prepared by a licensed architect;

(g) Construction plans for all public improvements, site grading, and required development practices specified by the city code.

(9) Ownership. The ownership interests of the subject property, including liens and easements, and the nature of the developer's interest if not the owner.

(10) Covenants, easements and restrictions.

(a) The substance of covenants, grants of easements, or other restrictions which will be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities; and proper acknowledgment of owners and/or holders of mortgages accepting such restrictions.

(b) For projects that include any area for common use of or to be maintained by multiple property owners, the association's bylaws or code of regulations, which shall include provisions that comply with the following requirements:

1. Membership in the association shall be mandatory for all purchasers of lots in the development or units in a condominium;

2. The association shall be responsible for maintenance, control, and insurance of common areas;

3. The association shall have the power to impose assessments on members for the maintenance, control and insurance of common facilities, and have the power to place liens against individual properties for failure to pay assessments;

4. The association shall have the authority to enforce reasonable rules and regulations governing the use of, and payment of assessments for maintenance, control and insurance of, common facilities by such means as reasonable monetary fines, suspension of the right to vote and the right to use any common recreational facilities, the right to suspend any services provided by the association to any owner, and the right to exercise self-help to cure violations;

5. The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified;

6. The association shall convey to the city and other appropriate governmental bodies, after proper notice, the right to entrance to any common facilities for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. The city shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the city shall have the right to proceed against the association for reimbursements of said costs, including the right to file liens against individual condominium units, houses and vacant building lots.

(c) The provisions and authority for any required architectural review that may control any aspect of the project beyond the city requirements.

(11) Modifications. A statement identifying any aspect of the final development plan in which the applicant is requesting a modification from the preliminary development plan, pursuant to § 153.053(E).

(12) Updated existing conditions. An updated/revised map of existing conditions indicating all changes since the map was submitted with the preliminary development plan.

(13) Table of contents. Table of contents or other index indicating where each of the plan submission requirements is located within the application package (page number of narrative or drawing).

(Ord. 75-03, passed 5-3-04; Am. Ord. 05-23, passed 3-27-23)

§ 153.055 PLAN APPROVAL CRITERIA.

(A) Preliminary development plan. In the review of proposed planned developments, the Planning and Zoning Commission and City Council shall determine whether or not the preliminary development plan complies with the following criteria. In the event the Planning and Zoning Commission determines that the proposed preliminary development plan does not comply with a preponderance of these criteria, the Planning and Zoning Commission shall disapprove the application:

(1) The proposed development is consistent with the purpose, intent and applicable standards of the Zoning Code;

(2) The proposed development is in conformity with Community Plan, Thoroughfare Plan, Bikeway Plan, and other adopted plans or portions thereof as they may apply and will not unreasonably burden the existing street network;

(3) The proposed development advances the general welfare of the city and immediate vicinity and will not impede the normal and orderly development and improvement of the surrounding areas;

(4) The proposed uses are appropriately located in the city so that the use and value of property within and adjacent to the area will be safeguarded;

(5) Proposed residential development will have sufficient open space areas that meet the objectives of the Community Plan;

(6) The proposed development respects the unique characteristic of the natural features and protects the natural resources of the site;

(7) Adequate utilities, access roads, drainage, retention and/or necessary facilities have been or are being provided;

(8) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets and to maximize public safety and to accommodate adequate pedestrian and bike circulation systems so that the proposed development provides for a safe, convenient and non-conflicting circulation system for motorists, bicyclists and pedestrians;

(9) The relationship of buildings and structures to each other and to such other facilities provides for the coordination and integration of this development within the PD and the larger community and maintains the image of Dublin as a quality community;

(10) The density, building gross floor area, building heights, setbacks, distances between buildings and structures, yard space, design and layout of open space systems and parking areas, traffic accessibility and other elements having a bearing on the overall acceptability of the development plans contribute to the orderly development of land within the city;

(11) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas;

(12) The design, site arrangement, and anticipated benefits of the proposed development justify any deviation from the standard development regulations included in the Zoning Code or Subdivision Regulation, and that any such deviations are consistent with the intent of the Planned Development District regulations;

(13) The proposed building design meets or exceeds the quality of the building designs in the surrounding area and all applicable appearance standards of the city;

(14) The proposed phasing of development is appropriate for the existing and proposed infrastructure and is sufficiently coordinated among the various phases to ultimately yield the intended overall development;

(15) The proposed development can be adequately serviced by existing or planned public improvements and not impair the existing public service system for the area;

(16) The applicant's contributions to the public infrastructure are consistent with the Thoroughfare Plan and are sufficient to service the new development.

(B) Final development plan. In the review of proposed planned developments, the Planning and Zoning Commission shall determine whether or not the proposed development, as depicted on the final development plan, complies with the following:

(1) The plan conforms in all pertinent respects to the approved preliminary development plan provided however, that the Planning and Zoning Commission may authorize plans as specified in § 153.053(E)(4);

(2) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;

(3) The development has adequate public services and open spaces;

(4) The development preserves and is sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code;

(5) The development provides adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas without unnecessarily spilling or emitting light onto adjacent properties or the general vicinity;

(6) The proposed signs, as indicated on the submitted sign plan, will be coordinated within the PUD and with adjacent development; are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and are located so as to maintain safe and orderly pedestrian and vehicular circulation;

(7) The landscape plan will adequately enhance the principal building and site; maintain existing trees to the extent possible; buffer adjacent incompatible uses; break up large expanses of pavement with natural material; and provide appropriate plant materials for the buildings, site, and climate;

(8) Adequate provision is made for storm drainage within and through the site which complies with the applicable regulations in this code and any other design criteria established by the city or any other governmental entity which may have jurisdiction over such matters;

(9) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage;

(10) The Commission believes the project to be in compliance with all other local, state and federal laws and regulations.

(Ord. 75-03, passed 5-3-04)

§ 153.056 DEFINITIONS.

(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(B) Plan definitions.

(1) CONCEPT PLAN. A plan that generally indicates the overall design of a proposed PUD project with sufficient information to enable the applicant and the city to discuss the concept for the proposed development and to determine if the proposal is generally consistent with the Community Plan.

(2) FINAL DEVELOPMENT PLAN. A detailed plan showing the location of all site improvements, including easements, utilities, buildings, parking areas, circulation routes, points of ingress and egress, transportation and other public improvements (both on- and off-site), landscaping, architectural drawings, loading and unloading zones, service areas, ground signage, directional signage, location of refuse containers, lighting and accessory structures, and may include a subdivision plat. Critical dimensions are shown unless otherwise indicated.

(3) PLANNED DEVELOPMENT (PD). Any unified development project for which a specific plan for development and related set of development regulations has been adopted concurrent with the zoning designation for a planned development. A planned development includes any project approved in a Planned Low-Density Residential District, Planned Commerce District, Planned Industrial Park District or Planned Unit Development District prior to the adoption of this subchapter.

(4) PLANNED UNIT DEVELOPMENT (PUD). A form of a planned development that includes one or more uses permitted by right or as conditional uses and which is established according to the requirements of § 153.052, or was approved as a PUD prior to the adoption of these regulations.

(5) PRELIMINARY DEVELOPMENT PLAN. A plan, submitted at the time of rezoning, outlining permitted and conditional land use development sites, major circulation patterns, critical natural areas to be preserved, open space areas and linkages, buffer areas, entryways, and major utilities and their relationship with surrounding uses. For the purposes of §§ 153.050 through 153.056, a preliminary development plan shall include a composite plan and any other development plan adopted prior to effective date of these regulations that are still in force.

(Ord. 75-03, passed 5-3-04)

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