(a) Revisions to Approved General Plans Generally. The Final Development Plan shall substantially conform to the approved General Plan. In the preparation of the Final Development Plan, the applicant shall not materially deviate from the approved General Plan or to the related documents with submitting an application for a Revision to the Approved General Plan.
(b) Major Revisions to General Plans.
(1) Major Revisions Defined. Major Revisions to the General Plan are changes to the General Plan that alter the use or character of a development and are defined as follows:
A. Any change in the list of permitted uses identified in the General Plan; or
B. Any increase in the development density by 15 percent or greater as follows:
1. For PUD-Rs any increase in the number of residential units resulting in a gross density increase of 15 percent or greater for the overall site;
2. For the residential component portion of PUD-MUs any increase in the number of residential units resulting in a gross density increase of 15 percent or greater for the residential portion of the site; and
3. For all other PUDs any increase in the gross square feet for the overall site equaling a gross increase of 15 percent or greater.
(2) Major Change Approval Process; Public Hearing Required. Major Revisions may not be made unless and until a revised General Plan is processed and approved by City Council following review and approval by the Planning Commission. The submission process outlined in Section 1266.09, subsection (b) through (d) shall be followed for all General Plan Major Revisions. Before any Major Revision may be passed, Planning Commission shall hold a Public Hearing. Such hearing shall be publicized as follows:
A. Newspaper. Written notice shall be placed in a newspaper of general circulation in Springboro at least 30 days prior to the date of the Public Hearing, stating the time, place of hearing and general nature of the amendment(s) proposed and that copies of the proposed Major Revision shall be on file with the City for public examination.
B. Mail Notification. Written notice of the hearing shall also be mailed by the City by first class mail at least 20 days before the date of the Public Hearing to the owners of the property within 300 feet of the subject area proposed to be rezoned to the address of such owners appearing on the County Auditor's current tax list, or the Treasurer's mailing list or any other lists that may be specified by Council.
C. Delivery Failure. The failure of mail delivery of such notice shall not invalidate any such amendment.
(3) Cumulative Effect of Minor Revisions. Even if considered to be a Minor Revisions to an approved General Plan, if the accumulative effect of subsequent revision(s) is to increase the development density of a project greater than 15 percent, as outlined in Section 1266.11(b)(1)B, the revision shall be considered to be a Major Change and subject to the provisions of this Section 1266.09, subsection (b) through (d).
(c) Minor Revisions to Approved General Plans.
(1) Minor Revisions Defined. Minor Revisions include changes to a General Plan that do not alter the use and character of a development by increasing the gross development density greater than 15 percent or modifying the list of permitted uses within the development. Minor Revisions include but are not limited to gross density increases between 5 percent and 15 percent; changes to site ingress, proposed right-of-ways and access easements, building plans or elevation design changes and changes in building location. The Planning Commission is the approving authority for minor revisions, and no review by the City Council is required.
(2) Minor Revision Approval Process. Minor Revisions to an Approved General Plan shall be processed using the outline in Section 1266.09, subsection (b) through (d). Minor Revisions to an Approved General Plan do not require a Public Hearing by the Planning Commission.
(d) Administrative Revisions to Approved General Plans.
(1) Administrative Revisions include changes to a General Plan that do not alter the use and character of a development by increasing the gross development density greater than 5 percent or modifying the list of permitted uses within the development. Administrative Revisions consist of gross density increases of less than 5 percent. All other revisions are classified as Major Changes or Minor Revisions. The Planning Director is the approving authority for administrative revisions, and no review by the City Council or Planning Commission is required.
(2) Administrative Revision Approval Process. Administrative Revisions to an Approved General Plan shall be processed using the outline in Section 1266.09, subsection (b) through (d). Administrative Revisions to an Approved General Plan do not require a Public Hearing by the Planning Commission.
(Ord. 0-15-4. Passed 2-19-15.)
(Ord. 0-15-4. Passed 2-19-15.)