The rezoning of any property to a PPDD shall comply with all requirements of the Orange Village Zoning Code and Village Charter except as modified herein:
(a) Ownership/land Control: The applicant for approval of a PPDD Zoning District shall be the property owner, or have: ownership interest, a written option to purchase the property, or written permission from the owner in a form satisfactory to the Village for all of the property in the area to be rezoned. Following the rezoning of the PPDD, a subsequent owner of a portion of the property may submit a development plan when such proposal is in full compliance with all of the regulations and conditions set forth in this Chapter and related documents. If the applicant does not control all of the land within the logical boundaries for the proposed PPDD, Village Council, with the recommendation of the Planning and Zoning Commission, may amend the application to include additional land pursuant to Section 1144.04.
(b) Preliminary Development Plan: The application for rezoning to the PPDD shall include the submission of a Preliminary Development Plan (PDP) which shall be reviewed according to the relevant procedures in Chapter 1143. The PDP shall be approved concurrently with the rezoning of the property to the PPDD and shall include:
(1) An illustrative site plan depicting the areas of buildings, parking, service drives, truck turning movements, pedestrian ways, landscaping, buffering and preliminary grading with particular emphasis on the relationship of the buildings to the perimeter property lines.
(2) Preliminary building elevations and perspectives illustrating the quality and character of the building design.
(3) Samples of building materials.
(4) For the PD-6 Sub-District, landscape specifications, including topography, walls and fences, and plant materials (specifying the type, number, size at planting, expected mature height and breadth and expected opacity at various heights from the ground).
(5) For Sub-Districts PD-1 through PD-5, prototypical landscaping- both plan view and cross-sections for buffers, pedestrian areas, green space, parking islands.
(6) Preliminary engineering drawings or a written statement from an engineer stating or illustrating that the site drainage plan envisioned for the development will be able to satisfy all applicable storm water management requirements.
(7) Building and site design criteria, text and illustrations, conforming with the illustrative site plan, as amended, that demonstrate the high quality of design through:
A. The use of building elements providing an articulate architectural vocabulary using materials, details and forms to provide a scale and relationship for a varied and refined pedestrian experience;
B. The use of building materials such as stone, brick, cultured stone, split-face concrete masonry (no painted or integrally colored concrete masonry except in non-public or service areas that are thoroughly screened), metals, glass, wood, fiber cement siding, spandrel material;
C. The limited use of acrylic stucco (exterior Insulation Finish System), only for trim, moldings or shapes, shall not comprise more than 20% of any single wall elevation; and
D. The use of multiple layers of materials, steps in the facades (both vertical and horizontal) and levels to break down the apparent size and scale of building segments.
(8) Sight line drawings as required pursuant to Section 1175.07(a).
(9) Sign standards and criteria.
(10) A construction Phasing Plan which demonstrates that each phase when completed may be viewed as an independent project with respect to such factors as internal circulation, parking, open space, pedestrian circulation, buffering .
(11) Any supplemental development documentation, criteria and/or restrictions required by the Planning and Zoning Commission. This shall include, but not be limited to, traffic studies sufficiently 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.
The approved Preliminary Development Plan and any development agreements, covenants and restrictions submitted by an applicant shall continue to govern the development and/or redevelopment of property in the PPDD District by any successor or assignee of the applicant.
(c) Plan Amendments: If changes are proposed to an approved PDP they will be considered pursuant to the following:
(1) Administrative Amendments: The Village Planning and Zoning Commission at the request of the applicant will consider an amendment(s) to the PDP pursuant to Chapter 1143 when the revision(s):
B. Do not alter the boundaries of Sub-Districts PD-1 through PD-5 in a manner that increases or decreases the area of any Sub-District by more than 30%; provided, however, that such alterations shall not decrease the area of Sub-District PD-2; or
C. Requests to use the property in Sub-Districts PD-1, PD-2, PD-3, or PD-4 for a similar use that is not expressly permitted under this Chapter or any development agreement pertaining to the PPDD; or
D. Requests permission to exceed the building requirements set forth in Schedule 1175.06(a).
A proposed amendment that is submitted pursuant to subsection (c)(l)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, will 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 this District. In evaluating such amendment the Planning and Zoning Commission shall consider the following factors:
• The extent to which the request deviates from the provisions of this Chapter or the provisions of any applicable development agreement pertaining to the PPDD;
• The level of occupancy and the mix of uses in the development at the time of such request;
• Whether a traffic study shows 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 its expense;
• 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
• 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 this Subsection (c)(l)C and D, and at the request of the Planning and Zoning Commission, the applicant shall select at least one person 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.
(2) Legislative Amendments:
A. Village Council, pursuant to Chapter 1144, will consider an amendment to the PDP, with a recommendation from the Planning and Zoning Commission, but not requiring a referendum vote, when the revisions:
1. Include uses that are not specifically listed as a permitted main use in Section 1175.05 and the Planning and Zoning Commission has determined such proposed use is not a similar use pursuant to Subsection (c)(l)C above. Nevertheless, Village Council, with the Planning and Zoning Commission's recommendation, determines that the proposed use(s) is nonetheless consistent with the purposes, intent, and quality characteristics of this Chapter and related covenants, restrictions, and agreements; or
2. Alter the boundaries of any Sub-District beyond the limitations specified in subsection (c)(1) B, above.
B. Village Council, pursuant to Chapter 1144, will consider an amendment to the PDP, with a recommendation from the Planning and Zoning Commission, and subject to a referendum vote in the manner provided by Article Ill, Section 13, et seq., of the Orange Village Charter, when the revisions are proposed to alter the boundaries of or uses in PD-6.
Any approved amendment(s) shall be the binding development rights and restrictions for the PPDD and shall replace the previously approved PDP, as it may be amended.
(d) Final Development Plan: Subsequent to the rezoning, including the approval of the Preliminary PDP, no use shall be established or building constructed or altered except pursuant to the approval of a Final Development Plan as provided in Chapter 1143. A Final Development Plan shall be in substantial compliance with the approved PDP, as it may be amended, and may be submitted and approved for a phase or portion of the project area. Such Final Development Plan shall also include:
(1) 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 beyond the property lines will be zero and the site lighting will have no adverse impact on surrounding properties.
(2) Sound studies that document the current sound levels which provide the base line to measure and evaluate the expected change once the project is constructed, with the intention of minimizing sound impacts on adjacent and other nearby residential property. This sound study should be undertaken using state of the art engineering practices.
(3) 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.
(Ord. 2013-11. Passed 7-31-13.)