(a) Preliminary Development Plan. In the review of a proposed Preliminary Development Plan, the Planning and Zoning Commission and City Council shall determine whether or not the proposed Preliminary Development Plan complies with the following criteria. In the event that either the Planning and Zoning Commission or City Council determines that the proposed zoning amendment and Preliminary Development Plan do not comply with a preponderance of these criteria, then in the case of the Planning and Zoning Commission it may recommend disapproval of the application and in the case of City Council it may disapprove the application. Should the Planning and Zoning Commission determine that the proposed Preliminary Development Plan does comply with a preponderance of these criteria, it shall recommend approval of the application. City Council then shall make the final determination as to approval, approval with conditions, or disapproval of the application in accordance with these criteria. The review criteria are as follows:
(1) The proposed development is consistent with the purpose, intent and applicable standards of this Chapter 1165.
(2) The proposed development furthers the goals and recommendations of the City's Comprehensive Plan or other planning document(s) applicable to the area that is the subject of the Preliminary Development Plan.
(3) The proposed development shall participate in the Johnstown Community Authority. This will encourage a well-planned and orderly development which embodies a diversified and economically sound new community.
(4) The proposed development advances the general welfare of the City and will not impede the normal and orderly development and improvement of the surrounding areas.
(5) The proposed uses are appropriately located in the City.
(6) Adequate utilities, access roads, stormwater management, and other similar facilities have been or will be provided. Storm water management may include use of regional storm water management facilities approved as part of another approved Final Development Plan or, on a temporary basis, in areas outside the boundaries of the proposed Final Development Plan but within the PD District and consistent with the approved Preliminary Development Plan.
(7) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets, maintain public safety, and to accommodate adequate pedestrian and bicycle circulation systems so that the proposed development provides for a safe circulation system for motorists and pedestrians.
(8) The density of uses, lot coverage, building heights, setbacks, distances between buildings and structures, yard space, design and layout of open spaces and parking areas, traffic accessibility and other elements contribute to the orderly development of land within the City;
(9) Proposed building, streetscape, and open space characters and designs shall further the City's goal of establishing memorable, attractive places and will utilize high-quality, enduring materials and arrangements.
(10) The proposed development can be adequately serviced by existing or planned public improvements and not impair the existing public service system for the area.
(11) On balance, the proposed development is expected to have a positive economic impact on the City.
(12) Internal Compatibility and Design:
A. The streetscape pattern shall provide for pedestrian and bicycle pathways, and include attractive corridors with street trees, sidewalk treatments, and appropriate lighting.
B. The overall development shall make use of existing natural features and interesting topography.
C. A variety of designs and typologies shall be included for detached residential structures, and the land use mix should be designed to be compatible and complimentary.
D. Building designs and arrangements shall provide for architectural styles that meet and further the goals of the City and create an easily identifiable Johnstown image.
E. Open spaces shall be linked and integrated in meaningful ways. Open spaces shall provide for quality recreational amenities including playgrounds, plazas, pocket parks, seating, lighting; and passive recreational amenities such as multi-use trails and nature preserves.
(13) External Compatibility and Design:
A. The proposed development shall not significantly, negatively, and materially impact any adjacent uses.
B. The proposed development shall not negatively impact any adjacent conservation lands.
C. The proposed development shall provide bikeway and trails and connect to existing trails where opportunities exist or are planned.
D. Access and street patterns of the development shall complement and be compatible with the existing street system of the surrounding development.
E. Commercial and industrial uses within the development shall be adequately buffered from any adjacent residential uses.
(b) Final Development Plan. In the review of a Final Development Plan or a permitted amendment thereof, the reviewing body shall determine whether or not the proposed development, as depicted on the Final Development Plan, complies with the following:
(1) It substantially conforms in all pertinent respects to the approved Preliminary Development Plan, provided, however, that the reviewing body may authorize deviations or variances from such plans as provided in Section 1165.06(e)(2)(C).
(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;
(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, the Zoning Text, and the Preliminary Development Plan;
(5) The architecture, style, arrangement, and materials of the proposed buildings, structures, streets, and open spaces meets or exceeds that provided for in the Preliminary Development Plan and Zoning Text;
(6) 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;
(7) Proposed signs are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and are located to maintain safe and orderly pedestrian and vehicular circulation (see Title Seven - Zoning Standards and Special Provisions, Chapter 1177 Signs in the City's Codified Ordinances);
(8) The landscape plan will adequately enhance the principal building(s) and site; buffer adjacent incompatible uses; break up large expanses of pavement with natural material and plantings; and provide appropriate plant materials for the buildings, site, and climate; and
(9) 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 (see Part Eleven Title 13 Storm Water Management Program in the City's Codified Ordinances).
(c) Certificate of Development Approval. In the review of a CODA or a permitted amendment thereof, the ABR shall determine whether or not the proposed development, as depicted in the plans provided as part of the CODA application, complies with the following:
(1) The project that is the subject of the application qualifies as a Major Economic Development Project;
(2) It substantially conforms in all pertinent respects to the approved Preliminary Development Plan;
(3) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;
(4) The development has adequate public services;
(5) 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, the Zoning Text, and the Preliminary Development Plan;
(6) The architecture, style, arrangement, and materials of the proposed buildings, structures, streets, and open spaces meets or exceeds that provided for in the Preliminary Development Plan and Zoning Text;
(7) 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;
(8) Proposed signs 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;
(9) The landscape plan will adequately enhance the principal building(s) and site; buffer adjacent incompatible uses; break up large expanses of pavement with natural material; and provide appropriate plant materials for the buildings, site, and climate; and
(10) 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.
(Ord. 10-2023. Passed 6-20-23.)