Westerville City Zoning Code

CHAPTER 1170

PUD Planned Urban District

1170.01 PURPOSE AND INTENT.

(a) The Planned Urban District (“PUD”) is intended to accommodate compact walkable mixed use developments in certain areas of the City (as defined in Section 1170.12) and to provide for the opportunity for a 'mixed-use' pattern of development, as outlined in the community plan. The District allows for the integration of commercial, retail, office, medium- to high-density housing, and in some cases light industrial uses within walking distance of public transit. Based on the premise that the ultimate quality of a particular environment is determined not only by the type and arrangement of land uses but also the way in which such uses are developed, the procedures outlined in this chapter are designed to:

(1) Encourage imaginative site and architectural design;

(2) Permit creation of flexible development standards that respect the unique characteristics of the site and surrounding uses;

(3) Result in more efficient and beneficial use of land; and

(4) Regulate development and redevelopment of individual parcels within already improved areas.

(b) In order to accomplish the above purpose, the intent of this chapter is to provide for the establishment of development standards that:

(1) Promotes the mixing of uses, particularly through vertical integration;

(2) Inspires the use of alternative transportation and construction of transit supportive design;

(3) Allows flexibility for imaginative and unique projects while remaining compatible and in context with the architecture, materials, landscaping, natural site qualities, and streetscape found in the area;

(4) Develops an aesthetically suitable public environment that incorporates common open space; and

(5) Avoids the creation of nuisances and maintains the public health, safety, and welfare of the community at large.

(c) (1) The process for achieving the above purposes and intent is to require the submission and approval of an application to zone the property to PUD, along with a preliminary plan, proposed development standards text, and supplemental narrative statement for the total proposed development. These materials must clearly identify any standard which is less restrictive than the applicable standards in this chapter or the Zoning Code, and must justify the proposed development standards as a whole to achieve the purposes set forth above.

(2) The applicant will then submit and receive approval of a development plan for all or any part of the area defined in the preliminary plan prior to obtaining a zoning certificate.

(3) As part of the final development plan, the applicant must reaffirm use of the previously approved development standards text or submit as part of the development plan a modified preliminary plan and development standards text for approval.

(Ord. 2017-06. Passed 10-17-17.)

1170.02 PERMITTED AND CONDITIONAL USES.

(a) Pursuant to Section 1170.12, only certain areas may be zoned to Planned Urban District. Additionally, within the PUD district, the “industrial” uses listed in the Planned Urban District Use Table in subsection (d) are limited to the “industrial areas” identified in Section 1170.12.

(b) In the Planned Urban District, the permitted uses shall be those designated as “P” (for “permitted,”) and the conditional uses shall be those designated as “CU” (for “conditional use”) in the Planned Urban District Use Table in subsection (d) below.

(c) The Planning Commission may consider and Council may approve additional conditional uses if, under certain conditions, those uses could be in character with the intent and purpose of the Planned Urban District.

(d) Planned Urban District (PUD) Use Table:

	1170.02 Permitted and Conditional Uses

Residential
Multiple Family	P
Home Occupations - comply with Chapter 1177 requirements and do not have adverse effects on neighboring properties	P
Nursing homes, senior and disabled housing/Independent housing	CU
Commercial
Accounting, Auditing and Bookkeeping Services	P
Art/Music studios	P
Conference/Meeting Space	P
Boutiques	P
Business and Professional Organizations	P
Cafeteria	P
Child Care Centers and Pre-Schools	P
Commercial Entertainment, indoor and outdoor	CU
Commercial Recreation (indoor), Membership Sports, Recreations Clubs	CU
Convenience food stores, carry-outs, mini-markets, drive-thru and drive-in stores	CU
Engineering and Architecture Services	P
Financial Establishments with no drive-thru facilities	P
Financial Establishments with drive-thru facilities	CU
Automatic Teller Machines	CU
General Merchandise Store	P
Grocery Store	P
Home Furnishing Store	P
Home Improvement Store	P
Hotels and Motels	P
Insurance Agents, Brokers, and Associated Services	P
Labor Organizations	P
Nursery/Garden Supplies, Farmer's Market, Christmas Tree Lots and Pumpkin Sales.	CU
Offices; Business/Professional/Administrative	P
Personal Services; performed for persons or their apparel	P
Restaurants; sit-down and take-out	P
Restaurant; Fast Food	CU
Specialty Food Stores	P
Specialty Retail and Commercial Establishments	P
Theater and Concert Halls	CU
Medical
Dental Office	P
Medical Offices and Clinics	P
Animal Hospitals, Veterinary Clinics, Kennels, Animal Grooming and Pet Stores	CU
Hospitals and Medical Centers	CU
Civic/Institutional
Civic, Social and Fraternal Organizations	P
Universities/Colleges	P
Library, Museum	P
Political; Charitable and other non-profit organizations	P
Parks/Outdoor Recreation	CU
Public Use Facility	P
Religious Organizations/Places of Worship	P
Schools; K-12	CU
Industrial (See map in 1170.12 for allowed locations)
Light Manufacturing (processing, fabrication, packaging, assembly and related functions)	P
Wholesaling and Distribution	P
Research and Development (testing, laboratory)	CU
Business Service Uses (copying, duplicating, mailing and advertising, repair operations, communications operations)	P

(Ord. 2017-06. Passed 10-17-17.)

1170.03 DEVELOPMENT STANDARDS.

(a) The following development standards shall be considered as minimal standards within the Planned Urban District. These standards shall serve as base standards to be included and modified if desired as part of the development standards text and preliminary plan and further amended through approval of the development plan.

(1) Lot requirements. No minimum or maximum.

A. Minimum site area: None, except as specified in the development standards text.

B. Minimum lot width: None, except as specified in the development standards text, and all lots must abut a public street.

C. Minimum yard requirements: None, except as specified in the development standards text, but with sufficient setback area to accommodate landscaping.

D. Maximum lot coverage: None, except as specified in the development standards text.

E. Density: None, except as specified in the development standards text.

(2) Building requirements. Maximum building height of eighty feet or as established by Planning Commission as part of the development plan.

(3) Site development requirements.

A. Outdoor storage is prohibited. Merchandise may be displayed on the sidewalk adjacent to the principal building provided a minimum of a five-foot strip is left unobstructed for pedestrian traffic.

B. All vending machines and display racks shall be located inside the building.

C. Trash and litter shall be controlled, and stored in container systems which are located and enclosed in a manner to screen them from view on all sides.

D. Provision for storm drainage shall meet the City's requirements for storm water management to be adequate to protect the public and owners of surrounding land.

E. All service and delivery shall be at the rear of the building; provided, however, where site layout and design would be enhanced, provisions may be made for service and delivery at the side of the building.

(b) Parking, loading, access and circulation requirements for uses permitted in this District are set forth in Chapter 1171.

(d) Signage requirements for uses permitted in this District are set forth in Chapter 1181.

(e) Lighting requirements for uses permitted in this District are set forth as follows:

(1) All exterior lighting shall be designed to direct light downwardly, i.e. cut off type fixtures.

(2) All lights shall be arranged to reflect light away from any street or adjacent property.

(3) Direct or indirect glare into the eyes of motorists or pedestrians shall be avoided.

(4) All types of parking, pedestrian, and other exterior lighting shall be on poles or wall mounted cutoff fixtures and shall be from the same type and style.

(5) Cutoff type landscape and building up lighting shall be permitted.

(6) All building illuminations shall be from concealed sources.

(7) No colored or flashing lights shall be used to light the exterior of buildings.

(Ord. 2017-06. Passed 10-17-17.)

1170.04 SUPPLEMENTAL STANDARDS FOR CONDITIONAL USES.

All conditional uses shall meet the minimum requirements established by Section 1170.03 unless modified by this section. These uses may be appropriate as permitted within the district but require more detailed evaluation with respect to location, design, size, method and hours of operation, intensity of use and traffic generation and potential impact on surrounding uses, in order to balance these uses in an equitable manner while safeguarding both individual property rights and general community welfare. It is the Planning Commission's responsibility to perform this evaluation and after review, to attach necessary conditions and safeguards. The development standards contained in this chapter are minimum standards. Planning Commission may require more restrictive standards for a conditional use based on the merits of each application.

(a) Purpose and Intent. The intent of this section is to establish supplementary standards for certain land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general standards of Chapter 1170 are met. It is the intent of this section to establish appropriate standards for permit processing and for location, design and operation of conditional uses to assure that they will be developed in a manner consistent with the purpose of the Planned Urban District.

(b) Nursing Homes, Senior and Disabled Housing and Senior and Disabled Independent Housing.

(1) Lot requirements.

A. Minimum lot area: None, except as specified in the development standards text.

B. Minimum lot width: None, except as specified in the development standards text.

C. Minimum front yard: None, except as specified in the development standards text.

D. Minimum side yard: None, except as specified in the development standards text. When abutting single family residential, the side yard shall equal the side yard requirement of the abutting district.

E. Minimum rear yard: None, except as specified in the development standards text. When abutting single- or two-family districts, the rear yard shall equal the rear yard requirement of the abutting district.

(2) Building requirements.

A. Minimum dwelling unit area: A minimum of 300 square feet of living space for efficiency apartments with private bathrooms, 220 square feet for efficiency apartments without private bathrooms, 500 square feet for one bedroom units and 700 square feet for two bedroom units. A minimum of 100 square feet of living space per person for nursing homes.

B. Housing shall be specifically designed for senior and disabled citizens and include facilities generally associated with the needs and interests of aged persons. Access to these facilities and common and public use areas shall be provided in accordance with Chapter 3701-17 of the Ohio Administrative Code (OAC).

C. Any facility containing two or more stories shall contain elevator access to all dwelling units above the first floor.

(3) Site development requirements.

A. Parking, landscaping and sign regulations will apply, along with the applicable PUD development standards. The location, size, design, and operating characteristics of the facility will be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density; to harmful effect, if any, upon desirable neighborhood character.

B. Parking accommodations and loading areas shall be provided pursuant to a layout plan designed by the owner of the land to be developed, conforming to Chapter 1171 and showing traffic movement, ingress and egress, traffic control points, the number and size of parking spaces and service areas. In addition, the expected peak hour traffic volume for employees, members of the public and deliveries shall be described by text. The facility shall not materially affect the generation of traffic and the capacity of surrounding streets.

C. Provision for storm drainage shall be adequate to protect the public and owners of surrounding land and meet the City's requirements for storm water management.

D. Trash and litter shall be controlled and stored in container systems which are located and enclosed in a manner to screen them from view.

E. Provision shall be made for an emergency medical service drive or zone.

F. Units are to be within reasonable walking distance to shopping, community facilities, and public transit. If this requirement cannot be met, daily service by shuttle bus for residents to these activities must be available.

G. In addition to the requirements for any site plan, a plan for nursing homes, senior and disabled housing and senior and disabled independent housing shall set forth:

1. Access to recreational, educational and social facilities of the development.

2. Pedestrian and bicycle access to neighborhood facilities, parks and scenic areas.

3. Building architectural design and construction materials.

(1) Setbacks and screening: Drive-in windows or lanes shall be located at least fifty feet from any residential property outside of the mixed use project. A solid wood fence, hedge or masonry wall at least six feet in height shall be provided where a drive-in window is located adjacent to residential property.

(2) Off-street parking and circulation: The circulation system shall provide continuous traffic flow with efficient movement throughout the site. Conflict between major pedestrian movement and vehicular circulation shall be minimized.

(d) Automatic Teller Machines. Automatic teller machines will be built into an exterior or interior wall of a PUD mixed-use project.

(e) Christmas Tree Lots, Pumpkin Sales and Farmer's Markets.

(1) Signage shall conform to temporary sign standards.

(2) Flashing, blinking, or moving lights of any kind are not permitted.

(3) Planning Commission will determine hours of operation, access, traffic, site lighting, and proximity to adjacent residential uses.

(4) Christmas tree lots and pumpkin sales sites shall be cleaned and restored to their original condition within seven days of the end of operation; Farmer's Markets within twenty- four hours of the end of operation.

(5) Conditional use permits are valid for one year. Annual renewals may be granted administratively if the operation remains consistent with Planning Commission's approval.

(f) Animal Hospitals including Veterinary Clinics, Kennels, Animal Grooming and Pet Stores.

(1) Care and boarding shall be limited to small domestic animals and may not include cattle, horses or swine.

(2) Minimum lot area and setback: Any structure used for animal hospital, veterinary clinic or kennel shall be at least 100 feet from an adjacent residential property outside of the mixed use project.

(3) Operational standards:

A. All activities other than off-street parking, loading/unloading shall be conducted from a fully enclosed structure. This includes exercise runways.

B. Each structure shall be designed and maintained in a manner to prevent the development of unsanitary conditions.

C. Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so animal noises will not be audible at any point on the perimeter of the property.

(Ord. 2017-06. Passed 10-17-17.)

1170.05 APPLICATION CONTENTS AND REQUIREMENTS.

Written application shall be made in accordance with Section 1109.02. The application shall be signed by the owner of the property affected, who shall attest the information provided is complete, accurate, and truthful. The application shall include all of the following:

(a) All materials required by Section 1109.02(a);

(b) Payment of a fee in accordance with the schedule adopted and approved to cover advertising, review, publishing, and reporting the proceedings of the Planning Commission;

(d) A development standards text in accordance with 1170.07;

(e) A supplemental narrative statement in accordance with 1170.08; and

(f) Staff may request additional documents or supplemental information that is reasonable and necessary for the proper consideration by the Planning Commission and/or City Council.

(Ord. 2017-06. Passed 10-17-17.)

1170.06 PRELIMINARY PLAN REQUIREMENTS.

The preliminary plan is a conceptual plan submitted at the time of a request for rezoning generally describing the proposed uses for the site to be rezoned and their relationship with surrounding properties and uses. The preliminary plan should contain the following elements:

(a) A topographic map of the site and adjacent property showing existing natural features including wooded areas and major trees. A description of how the proposed development has planned to utilize the existing site, identifying changes to the existing site grading and noting major trees that will be removed as part of the proposed development.

(b) A schematic plan showing the general development of the tract, location of existing and proposed structures, parking layout and other development features including the location of all out parcels.

(c) An engineering feasibility statement in sufficient detail to indicate how the proposed development will be serviced with water, sanitary sewer and storm drainage facilities.

(d) The proposed traffic circulation pattern showing public and private streets and other transportation facilities, including major pedestrian routes, with evidence through a traffic study that the proposed development will not materially impact existing transportation facilities.

(e) A conceptual landscaping plan.

(f) A proposed schedule or phasing of development of the site.

(g) Evidence that the applicant has sufficient control over the land to accomplish proposed and required land improvements.

(h) Any additional information requested by the Planning Commission as reasonably necessary to determine that the proposed development meets the intent and purposes of the Planned Urban District.

(Ord. 2017-06. Passed 10-17-17.)

1170.07 DEVELOPMENT STANDARDS TEXT REQUIREMENTS.

A development standards text shall be submitted as part of the preliminary plan and shall through a narrative, and graphics as necessary, detail the development standards to be applied upon approval. The development standards text should clearly identify any standard that alters or amends the standards established by this chapter or the Zoning Code. The proposed development standards shall be justified by fully stating how they accomplish the intent and purpose of this chapter (as set forth generally in 1170.01). Unless specifically modified by the development standards text, the standards established by this chapter or this Code shall apply.

(Ord. 2017-06. Passed 10-17-17.)

1170.08 SUPPLEMENTAL NARRATIVE STATEMENT.

Applicant shall submit a narrative statement that the proposed preliminary plan and development standards text meets the factors set forth in 1109.03(a)(5) of this Code, and is designed to achieve the intent and purpose of this Code, with additional consideration of the following:

(a) Whether the proposed site is walkable, mixed use of at least two uses, and demonstrates transit supportive design;

(b) Whether a portion of the site has been designated as useable common open space for the proposed development, which could be accommodated by: recreational facilities, green infrastructure, preservation of quality environmental areas, preservation of the existing tree canopy to the extent possible, and/or public space for recreational use;

(c) Whether the proposed site has been designed in context with, or complimentary of, the architecture, materials, landscaping, natural site qualities, and streetscape in the area around the site, and whether it is designed to provide a view shed that captures positive aspects of the area around the site;

(d) The extent to which the proposed site creates an environment that is safe and pleasant for all users, with prominent pedestrian, bicycle, and vehicular access from the public rights-of-way, the parking facilities, mass transit, trails, sidewalk system, neighborhood facilities, parks, play areas, and scenic areas;

(e) Whether the proposed site includes infrastructure systems and facilities that are adequate to serve the proposed development site in consideration of the surrounding areas;

(f) Whether a portion of the proposed site is designated for a shared parking lot/structure to minimize the amount of land used for parking;

(g) If a historic structure already exists on the proposed site that is structurally sound or is capable of being rehabilitated through reasonable means, a statement whether it is preserved and incorporated;

(h) If the proposed site provides unity of development with other properties, protects the public health, safety, or welfare, and does not conflict with any plan or policy of the City;

(i) Extent to which the proposed site will meet existing and/or proposed future workforce needs. Applicant should include a summary market report which provides information regarding housing, restaurants, goods and services for the surrounding places of employment in context with the area, not just the site.

(j) Sufficient evidence that construction and completion will be appropriately staged to ensure that all mixed use components will, in fact, be constructed.

(Ord. 2017-06. Passed 10-17-17.)

1170.09 REVIEW BASIS OF PRELIMINARY PLAN AND DEVELOPMENT STANDARDS TEXT.

The basis for approval of the preliminary plan and development standards text shall be:

(a) That the proposed site is consistent in all respects with the purpose and intent of this chapter, and has complied with the necessary review and procedures;

(b) That the proposed site is in conformity with current comprehensive planning or portion thereof as it may apply;

(c) That the setbacks, distances between buildings, yard space, suitability of open space systems, traffic accessibility and other elements having a bearing on the overall acceptability of the preliminary plan shall contribute to the orderly development of land within the City;

(d) That any modifications or minimum development standards established by this chapter or this Code are properly identified and adequately justified in the development standards text as necessary to insure a higher quality development;

(e) That the proposed site is in conformity with any design or site planning guidelines adopted by the Planning Commission; and

(f) That the preliminary plan provides for the coordination and integration of individually designed buildings into one planned district.

(Ord. 2017-06. Passed 10-17-17.)

1170.10 APPLICATION REVIEW PROCEDURE.

(a) Submission of Application, Preliminary Plan, and Development Standards Text.

(1) Required Pre-Application Meeting. Prior to filing an application for rezoning to Planned Urban District, the applicant shall meet with staff in a pre-application review meeting to discuss the requirements for the application, a preliminary plan, a development standards text, and a supplemental narrative which are required as part of the rezoning request.

(2) Recommended Conceptual Review. Prior to filing an application for rezoning to Planned Urban District, the applicant should submit materials for a conceptual review in accordance with appropriate procedures, and thereafter appear before the Planning Commission for such review.

(3) Submission of Application. The applicant shall submit the rezoning application along with the required number of copies of the proposed preliminary plan, development standards text, and supplemental narrative statement in accordance with the submission schedule established by the Planning Commission. Staff shall circulate the preliminary plan, development standards text, and supplemental narrative statement and other documents to appropriate departments in the City for review and comment.

(4) Recommended Public Participation Meeting. It is recommended that the applicant conduct a public participation meeting to present its proposed site to the public and engage the public in open discussion. The public participation meeting is not a requirement, and the applicant may apply for Planning Commission without conducting a public participation meeting. Provided the applicant proceeds with a public participation meeting, recommended guidelines for the meeting are as follows:

A. The applicant should determine a date, time and location of the meeting, which should be in convenient proximity to the proposed development, and at a reasonable date and time to allow public participation. The applicant should coordinate with Planning and Zoning whether a staff member is available to observe the public participation meeting.

B. The applicant should send a notice to all property owners, businesses and civic/homeowners associations within 500 feet of the proposed project, notifying them of location, date, and time of the public participation meeting, the date and time of the Planning Commission meeting at which the application is likely to first be heard for public hearing (if available), and should provide contact information for members of the public to submit comments.

C. At the meeting the applicant should present graphical images and renderings, maps or site plan layouts, accurate proposed measurements including heights, widths, and areas of structures, and any other relevant information or examples sufficient to provide the public with an opportunity to understand the size, character, magnitude, and complexity of the proposed site. The applicant should provide the public ample opportunity to express comments in support and concerns.

D. Prior to the Planning Commission meeting at which the application will be heard, the applicant should supplement its application with a written statement that a meeting was held in accordance with all of the above, along with an accurate summary of citizen comments and notes, including number of participants. Staff may supplement any description of the meeting.

(b) Submission to Planning Commission. Once staff determines that the applicant has submitted a completed application in accordance with the submission schedule, staff shall submit the application to the Planning Commission for their review and action, which shall be accomplished within a reasonable time, and in accordance with Section 1109.03(a) of the Code. It shall be the duty of Planning Commission to review the application and determine whether it complies with the regulations of Chapter 1109 and this chapter.

(c) Action by Planning Commission. The Planning Commission shall recommend approval, recommend approval with conditions, or recommend denial of the application. Planning Commission will forward its recommendation to City Council. Planning Commission may decide to include conclusions, opinions, summaries, or other information that may be relevant to City Council's review.

(d) Action by Council. Upon recommendation from Planning Commission to City Council, Council shall hear the application in accordance with Section 1109.03(b). Council shall approve, approve with conditions, or deny the application. Approval of the application shall constitute approval of the preliminary plan and development standards text.

(e) Expiration of Preliminary Plan and Development Standards Text. The preliminary plan and development standards text shall be valid for five years after City Council approval of the application. Construction of any phase of the development must begin within this period or a new preliminary plan and development standards text is required.

(f) Zoning Certificate. In order to obtain a zoning certificate, City Council must first approve the application, and a development plan must be approved by the Planning Commission pursuant to 1170.09(e), and found in conformance with the adopted preliminary plan and development standards text.

(Ord. 2017-06. Passed 10-17-17.)

1170.11 PROCEDURES FOR DEVELOPMENT PLAN APPROVAL.

(a) Development Plan. Following approval of the preliminary plan, and prior to issuance of a zoning certificate, a development plan shall be submitted to the Planning Commission for all or part of the area defined in the preliminary plan. The development plan is a detailed site plan which shall contain the following information and adhere to the development standards text approved as part of the preliminary plan:

(1) Site survey. On a survey show boundary information, existing and proposed development, existing and proposed topography, existing and proposed easements, rights-of-way and utilities.

(2) Setbacks. The site plan shall indicate building, service areas, parking lot and signage setbacks including front yard, rear yard and side yard areas and shall be in accordance with the approved development standards text.

(3) Modifications of Development Standards Text. Any desired modifications of the development standards text approved as part of the preliminary plan shall be so indicated in a modified development standards text document.

(4) Height requirements. Maximum height requirements, including mechanical areas, parapets, etc. shall be made per the development standards text requirements and shown on building front, rear and side elevation drawings.

(5) Parking and loading. All parking and loading spaces shall be shown including typical dimensions of parking stalls, aisles and loading spaces, size, number of spaces and general location shall also be governed by the development standards text.

(6) Waste and refuse. Handling of all waste and refuse materials shall be indicated and described by the development standards text to include appropriate screening and type of containerization.

(7) Circulation. All major circulation routes, including arterials, adjacent curb cuts, collector and local streets shall be indicated including rights-of-way, dimensions, pavement widths and intersection improvements. All driveways/curb cuts shall be indicated, including major aisle ways and service routes. Major pedestrian circulation routes shall also be indicated including dimensions of path and pedestrian crossings etc. plus any attempts at separating vehicular and pedestrian/recreation movement.

(8) Landscaping. As part of the development plan, proposed landscaping shall be shown including the general landscaping pattern and type of materials, mounding and fencing. Landscaping may vary in density, spacing and other treatment to reflect variations of topography, existing landscaping or adjacent land uses and conform to Chapter 1173, Landscaping (unless modified by the development standards text). Landscape features shall be shown as well as planting dimensions, height, caliper and type of plant materials per the development standards text.

(9) Signage and graphics. All signage and graphics shall comply with the development standards text. Letter and other graphic size, sign material, shape, color and illumination (internal only) shall be indicated. This includes dimensions of all ground and wall signage as well as distances from rights-of-way and intensity of illumination. Directional signage shall also be indicated.

(10) Lighting. All exterior lighting fixtures shall be shown including parking lot lighting, street walkway or pedestrian lighting, walkway accent, lighting and building accent lighting. Lighting intensity and installation height shall be indicated.

(11) Fencing. All fences shall conform to the development standards text and appropriate materials, heights, location and style indicated.

(12) Architectural treatment. As part of the development plan, front, rear and side building elevations shall be shown in accordance with the development standards text indicating building material, color and height. Color material samples shall also be made available for inspection.

(b) Submission of Development Plan.

(1) Prior to filing for development plan approval, the applicant shall meet with the Westerville planning staff to review the development plan relative to the previously approved preliminary plan and development standards text as well as procedures for approval.

(2) The applicant shall submit an application to the City including the required number of copies of the proposed development plan, development standards text modification if appropriate, and any other required information in accordance with the submission schedule of the Planning Commission. In order to defray the cost of examination of the materials and review by the Planning Commission, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council.

(3) It shall be the duty of the Planning Commission to review the plan and determine whether it complies the intent and purpose of this chapter; with the regulations of the Code; this chapter; and the previously-approved preliminary plan and development standards text.

Such determination shall be made within a reasonable time. If the Planning Commission finds that the development plan complies in all respects with the regulations of the Code, this Chapter and the previously approved preliminary plan and development standards text, the Commission shall approve the plan.

(4) In the event that the Planning Commission does not approve the plan, each applicant shall be notified in writing of the reason for disapproval or modification along with the decision of the Planning Commission. Decisions of the Planning Commission disapproving the plan or approving it with minor modifications are appealable to City Council in accordance with the provisions of Section 1107.06(d).

(c) Modification of the Preliminary Plan or Development Standards Text. After submission and review of a proposed development plan, Planning Commission may approve amendments to the preliminary plan or development standards text as part of the development plan. These amendments shall be consistent with the intent of this chapter and shall not constitute a major modification as provided in subsection (d) below. If an applicant requests approval of a development plan which the Planning Commission deems a major modification of the preliminary plan or the development standards text, the application will be recommended to Council for approval.

(d) Major Modification.

(1) Factors which Planning Commission should consider in determining whether a modification to an approved preliminary plan or development standards text is a major modification should include, but not be limited to:

A. A change in excess of twenty percent (20%) to:

1. The overall amount of buildable square footage;

2. The amount of buildable square footage planned for any use; OR

3. The number of dwelling units.

B. Relocating the uses upon the site or removing a previously-approved use;

C. Addition/substitution of a use that is listed under a different heading (Residential, Commercial, Medical, Civic/Institutional, or Industrial) on the Planned Urban District Use Table in Section 1170.02 (d);

D. Changes to internal street patterns that alter the intersection points with existing streets;

E. An increase in building heights by more than fifteen feet from the height that was previously approved;

F. Construction of buildings closer to perimeter property lines by more than ten percent (10%) of what was previously approved;

G. A change that affects the intent and purpose of this chapter; and

H. A change to the essential character of the approved plan.

(2) Any modification not determined by Planning Commission to be a major modification shall constitute a minor modification.

(e) Basis for Approval. Basis for approval of a development plan shall be:

(1) That the plan is complete in all respects relative to the requirements set forth in this chapter;

(2) That any modifications support and enhance the purposes and intent of this chapter, the Code, any applicable comprehensive planning programs, and any design or site planning guidelines adopted by Planning Commission; and

(3) That all engineering issues have been resolved to the satisfaction of the appropriate City staff and that final approval of the development plan is subject to the acceptance of final engineering of all phases of development.

(f) Conformance with the Development Plan. Development shall be in conformance with the development plan and construction of site improvements must be commenced within two years of Planning Commission or Council approval; otherwise no development of the land shall take place until a new development plan is approved pursuant to this section. Any development undertaken without such final approval is in violation of this Code and an abatable nuisance.

(Ord. 2017-06. Passed 10-17-17.)

1170.12 AREAS ELIGIBLE FOR REZONING TO PLANNED URBAN DISTRICT.

The areas designated on the attached map captioned "Areas that may be zoned Planned Urban District" shall be eligible for Planned Urban District zoning:

(Ord. 2017-06. Passed 10-17-17.)