Use or development of property in the OPS-PDD Zoning District shall comply with all
requirements of the Orange Village Zoning Code and Village Charter and shall be subject to an
approved Preliminary Development Plan, to an approved Final Development Plan, and to all other
applicable provisions of this Chapter 1174:
(a) Preliminary Development Plan (PDP).
(1) PDP Required. Prior to use or development of property in the OPS-PDD Zoning District, the property owner shall submit a Preliminary Development Plan (hereinafter referred to as "PDP") for approval by the Village Planning and Zoning Commission. The PDP shall be consistent with the conceptual development plan shown in Section 1174.02(b), with such changes as may be approved by the Village Planning and Zoning Commission.
(2) PDP Contents. The application for approval of the PDP shall include:
B. An illustrative site plan depicting the proposed locations of buildings, parking, and roadways.
C. Preliminary building elevations demonstrating the intended character of the development.
D. A construction phasing plan which demonstrates that each phase when completed may be viewed as an independent and functional project with respect to such factors as internal circulation, parking, open space, pedestrian circulation, buffering, and relationships with abutting infrastructure.
E. Any supplemental development documentation, criteria and/or restrictions required by the Planning and Zoning Commission. This may include, but not be limited to: traffic studies demonstrating that ingress and egress to and from the site and on-site circulation are adequate to meet the needs of the development and will not be unreasonably detrimental to the surrounding road system or the Village; a preliminary storm water impact evaluation; and a development agreement between the Village and the applicant covering such matters as the Village shall require.
(4) Effect of Approved PDP.
A. Approval of a PDP shall not authorize the owner to undertake any construction or to establish any use but shall authorize the owner to apply for approval of a Final Development Plan (hereinafter referred to as an "FDP").
B. The approved PDP and any approved development agreements, covenants and restrictions submitted by an applicant shall continue to govern the development and/or redevelopment of property in the OPS-PDD by any successor or assignee of the applicant.
(5) PDP Amendments -Administrative Amendments: The Village Planning and Zoning Commission, at the request of the applicant, shall consider and may approve administrative amendment(s) to the PDP pursuant to Chapter 1143 (Development plan review) when the revision(s):
A. Are consistent with the development standards set forth in this Chapter for each Subdistrict;
B. Do not alter the boundaries of a Subdistrict in a manner that increases or decreases the area of the Sub-District by more than thirty percent (30%);
C. Requests to use the property in a Subdistrict for a similar use that is not expressly permitted under this Chapter or any development agreement pertaining to the OPS-PDD;
D. Requests permission to exceed the building requirements set forth in Schedule 1174.06(a) (Building Requirements).
(5.1) A proposed administrative amendment that is submitted pursuant to subsections (a)(5)A., B., C., and D. above, or that seeks to develop the property other than as set forth in the PDP, as it may be amended, shall be approved by the Planning and Zoning Commission if it determines that such amendment is compatible with the character of the development and the intent and purposes of the OPS-PDD. In evaluating the amendment, the Planning and Zoning Commission shall consider the following factors:
A. The extent to which the request deviates from the provisions of this Chapter or the provisions of any applicable development agreement pertaining to the OPS-PDD;
B. The level of occupancy and the mix of uses in the development at the time of the request;
C. If a traffic study has been requested by the Planning Commission, does the traffic study show that the traffic impacts can be mitigated with the same traffic control measures as have already been approved for the development or can be ameliorated with other traffic control measures that the Developer is willing and able to implement at the Developer's expense;
D. Whether the requested amendment is consistent with the demographic target of the uses in the development at the time of such request and other uses proposed for the development; and
E. Other regional or local trends that may have a bearing on the quality or economics of the development.
With respect to a request pursuant to subsections (a)(5)D and E above, and at the request of the Planning and Zoning Commission, the applicant shall select at least one person acceptable to the Planning and Zoning Commission with expertise relating to real estate leasing or development to assist the Planning and Zoning Commission in determining whether such amendment is compatible with the character of the development. Assistance shall be provided at the developer's expense.
(6) PDP Amendments - Legislative Amendments: Village Council, pursuant to Chapter 1144, will consider a legislative amendment to the PDP, with a recommendation from the Planning and Zoning Commission, but not requiring a referendum vote, when the revisions:
A. Include a use or uses not specifically listed as a permitted main use in Section 1174.05 and the Planning and Zoning Commission has determined the proposed use is not a similar use pursuant to the PDP - Administrative Amendments procedures set forth above, and Village Council, with the Planning and Zoning Commission's recommendation, determines that the proposed use(s) is/are nonetheless consistent with the purposes, intent, and quality characteristics of this Chapter and related covenants, restrictions, and agreements; or
B. Alter the boundaries of any Sub-District beyond the limitations specified in the PDP - Administrative Amendments procedures set forth above.
(b) Final Development Plan: No use shall be established or building constructed or altered except pursuant to the approval of an FDP as provided in Chapter 1143 and this Chapter 1174. An FDP shall be in substantial compliance with the approved PDP, as it may be amended, and may be submitted and approved for the entire project area or for portions or phases thereof.
In addition to the contents of the approved PDP, an FDP shall also include:
(2) Documentation and/or illustrations demonstrating compliance with all applicable requirements of this Chapter including but not limited to the following subsections:
(9) In SD-1 and SD-2 only, Site lighting including the height and location of poles and fixtures, lighting sources and power ratings, the amount of illumination and a photometric study indicating the light levels at all site locations including the perimeter property lines. Such information shall be provided with sufficient detail so that the Village is assured that the light trespass and glare onto residential properties will be minimized through the use of downlighting, fixture shielding and other strategies and the site lighting will have no adverse impact on surrounding properties.
(10) Final drainage and detention plan including all water quality and Best Management Practice (BMP) devices, appurtenances, systems, detention/retention basins, permeable pavements, pavement design designations and other engineering calculations as required to determine the adequacy of storm water management for the project and necessary for the protection of adjacent properties from storm water impacts from the development.
(11) Architectural plans for all proposed buildings demonstrating compliance with the applicable provisions
(12) Site development plans demonstrating compliance with the applicable provisions.
(Ord. 2023-16. Passed 12-6-23.)