Ordinance 18-21
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: April 6, 2021
Initiated By: Jennifer M. Rauch, AICP, Director of Planning
Nichole M. Martin, AICP, Senior Planner
Re: Ordinance 18-21 – Amendments to Zoning Code Section 153.066 of the City
of Dublin's Zoning Code regarding the Bridge Street District development
process to add an Amended Final Development Plan procedure (Case 20-
177ADMC).
Summary
Ordinance 18-21 is a request for review and approval of amendments to the City of Dublin
Zoning Code Section 153.066 addressing the need to add an Amended Final Development Plan
process to the Bridge Street District (BSD) review procedures.
Background
In 2019, Ordinance 09-19 City of Dublin Zoning Code Section 153.066 – BSD Review and
Approval Criteria and Procedures, which modified the established review process to align with
the review process for Planned Districts. Specifically, a three-step process: 1) Concept Plan
(CP), 2) Preliminary Development Plan (PDP), and 3) Final Development Plan (FDP). At the
time, an Amended Final Development Plan (AFDP) procedure was not included. The proposed
amendment addresses this omission by providing a more efficient review process for existing
sites.
Description
The proposed AFDP process follows the procedures and review criteria for a FDP. The AFDP is
intended to confirm consistency with the originally approved FDP. Sites that were developed
prior to implementation of the BSD would be considered to have a previously approved FDP.
Modifications that fall within the defined Minor Project (MP) scope, would not require an AFDP.
Additionally, the proposed amendments clarify the Parking Plan procedure, under the MP
process, and update all cross references as a result of the modifications.
Recommendation of the Planning and Zoning Commission
The Commission reviewed the proposed amendments at their November 5, 2020 and February
18, 2021 meetings providing feedback and indicating support for the proposed amendments.
Office of the City Manager
Perimeter Drive 5555 • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
Memo re. Ord. 18-21 – BSD AFDP Process
April 6, 2021
Page 2 of 2
On March 4, 2021, the Commission recommended approval to City Council of the proposed
amendments.
Recommendation
Recommendation of approval of Ordinance 18-21 at the second reading/public hearing on April
26, 2021.
§ 153.066 REVIEW AND APPROVAL PROCEDURES AND CRITERIA.
(A) Intent. The intent of this section is to provide an efficient and predictable review process for rezoning and/or
development applications within the Bridge Street District (BSD) zoning districts and to enhance Dublin's reputation for
exceptional, carefully considered design and high quality development consistent with the Vision Principles and direction
articulated in the BSD Special Area Plan in the Community Plan. The review and approval procedures and criteria help
ensure that new development and redevelopment is served by adequate and efficient infrastructure so as not to burden the
fiscal resources of the city, and to protect the health, safety, and general welfare of residents, occupants, and users of
property in the BSD districts and surrounding areas of the city.
(B) Required Approvals.
(1) Summary. This section outlines the requirements and procedures for development review specifically within the
BSD districts. The review procedures of this section shall be used for all development applications in a BSD district. Table
153.066-A, Summary Procedure Table, describes the review procedures applicable in all BSD districts.
(2) Abbreviations. The following abbreviations and terms are used in this section:
ART: Administrative Review Team
BZA: Board of Zoning Appeals
CC or Council: City Council
PD or Director: Planning Director
PZC or Commission: Planning and Zoning Commission
TABLE 153.066-A: SUMMARY PROCEDURE TABLE
R = Recommendation D = Decision A = Administrative Appeal RF = Review & Feedback
Type of Application PD ART BZA PZC Council Zoning Code Reference
Zoning Code Approvals
Zoning Map or Text Amendment R R D § 153.234
Conditional Use R D § 153.236
Special Permit R D § 153.231(G)
Use Variance R R D § 153.231(H)(3)
Non-Use (Area) Variance R D § 153.231(H)(2)
Other Approvals
Building Code Appeal D § 153.231(I)
Bridge Street District Applications
Pre-Application RF § 153.066(C)
Informal RF RF § 153.066(D)
Concept Plan R D § 153.066(E)
Concept Plan with a Development Agreement R R D § 153.066(E)
Preliminary Development Plan R D § 153.066(F)
Final Development Plan R D § 153.066(G)
Minor Project R D A § 153.066(H)
Administrative Departure R D A § 153.066(I)
Waivers R D § 153.066(J)
Master Sign Plan R D
§ 153.065(H)(2)(e)/
§ 153.066(K)
Parking Plans R D
§ 153.066(H)(2)(f)/
§ 153.065(B)
Administrative Approval D A § 153.066(L)
Open Space Fee in Lieu R D
§ 153.066(M)(1)/
§ 154.064(D)-(E)
Certificate of Zoning Plan Approval D
§ 153.233/
§ 153.066(N)(3)
(C) Pre-Application.
(1) Purpose and Applicability.
(a) The purpose of the pre-application submittal is to provide a potential applicant with a non-binding review of a
development proposal and to provide information on the procedures and policies of the city, including application review
procedures.
(b) Pre-application reviews do not result in a development decision or permit, and shall not obligate the city or the
developer to take any action on the proposal.
(2) Review Procedure.
(a) A request for a pre-application review shall be made in accordance with the provisions of division (N)(1) of this
section.
(b) Requests shall be submitted to the Director, who shall be responsible for circulating any submittal material to the
applicable departments for input.
(c) The Director and staff shall use reasonable efforts to conduct an expeditious review of the submitted materials and
provide non-binding input and recommendations.
(d) The Director may schedule a meeting with the potential applicant to discuss the request or may provide a written
summary of the staff review.
(e) Additional staff reviews of the pre-application submittal may be requested by the applicant prior to filing a formal
application.
(f) Any and all written summaries of the pre-application review shall be forwarded to the required reviewing body with
a formal application.
(D) Informal. Prior to submittal of an application for a Concept Plan (CP), an applicant may submit an informal application
for review of a development concept with the PZC. Such submittal shall include a completed application form and supporting
material sufficient to describe the development concept. The review of the informal submittal shall be non-binding upon the
PZC and the applicant, however, it is intended to provide feedback by the PZC that should inform the preparation and
subsequent review of the CP. The Planning Director shall prepare a brief analysis and comments that will be submitted to
the PZC with the application.
(E) Concept Plan.
(1) Purpose and Applicability.
(a) The purpose of the Concept Plan (CP) is to provide a general outline of the scope, character, and nature of the
proposed development that is consistent with the policy direction of the Community Plan and the BSD Special Area Plan, the
requirements of the BSD Code, other related policy and regulatory documents, and the review criteria, and to consider the
proposal within the context of existing and planned development within the vicinity of the project.
(b) The CP allows the required reviewing body the means to ensure that the proposed concept is consistent with the
following:
1. That the proposed land uses are consistent with Community Plan, BSD Special Area Plan, and BSD Code;
2. That the proposed block framework and street network are generally compatible with the adopted plans, lead to
the creation of a walkable, urban place;
3. That the proposed development concept generally fulfills the intent of the BSD Special Area Plan; and
4. That the proposed development concept has the potential to create a walkable, urban place.
(c) The CP review provides an opportunity for public input at an early stage of the development process.
(d) The CP review is intended to provide clear direction to the applicant by the required reviewing body resulting from
its review and approval of the application.
(e) If the CP is approved by the required reviewing body it shall serve as a basis for preparation by the applicant of
the Preliminary Development Plan (PDP) for the proposed development.
(f) For projects that will propose a development agreement due to the need for development timeframe, public
infrastructure, public and private contributions, development restrictions, or other related items, City Council shall serve as
the required reviewing body for the CP. In those cases, the Director and the Planning and Zoning Commission shall each
review the CP and provide a recommendation to Council to approve, approve with conditions, or disapprove the CP.
(2) Review Procedure.
(a) The CP is a mandatory step in the development review and approval process for the BSD.
(b) An application for a CP shall be made in accordance with the provisions of divisions (D)(3) and (N)(1) of this
section.
(c) The PZC shall be the required reviewing body for the CP in the BSD, unless a development agreement is
proposed in conjunction with a proposed project, then City Council shall be the required reviewing body for the CP.
(d) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the CP
application under the criteria of division (D)(4) of this section.
(e) The PZC shall review the CP application, the minutes of the PZC meeting if an informal review was requested by
the applicant, the Director's recommendation, and render its decision based on the criteria of division (D)(4) of this section.
In the instance the PZC is the required reviewing body, the Commission will render a decision for approval, approval with
conditions, or denial and written record of the Commission's decision shall be provided.
(f) In the instance of a CP associated with a proposed development agreement, the Commission will make a
recommendation of approval, approval with conditions, or denial to City Council.
(g) City Council shall review the CP application and the recommendations of PZC and the Director, and render its
decision based on the criteria of division (D)(4) of this section of approval, approval with conditions, or denial.
(3) Submittal Requirements. It is the intent of these regulations that the CP shall indicate overall design of the
proposed project. Information submitted should be comprehensive enough to enable the required reviewing body to
understand the existing site and concept for the proposed development, and to evaluate consistency with the review criteria
in division (D)(4) of this section. The applicant shall submit an application and supplemental materials as outlined in division
(N)(1) of this section and determined by the Director.
(4) Review Criteria. The required reviewing body shall make its decision on an application for a CP based on each of
the following criteria and may consider the recommendation of the Director and, if City Council is the required reviewing
body, the recommendation of the PZC. For applications associated with a development agreement, the PZC shall apply
these criteria in the formulation of its recommendation to City Council.
(a) The CP is consistent with the applicable policy guidance of the Community Plan, the BSD Special Area Plan, and
other applicable city plans, and related policies;
(b) The CP conforms to the applicable requirements of the BSD Code;
(c) The illustrative lots and blocks, supporting street and pedestrian network, and internal circulation provide a
coherent development pattern that conforms to the requirements of §§ 153.060 Lots and Blocks, 153.061 Street Types, and
153.065 Site Development Standards, and the conceptual locations of access points to surrounding streets will avoid
adverse impacts on surrounding neighborhoods and traffic infrastructure;
(d) The proposed land uses allow for appropriate integration into the community, consistent with adopted plans, and
align with the requirements of § 153.059 Uses;
(e) The conceptual buildings are appropriately sited and scaled to create a cohesive development character that
complements the surrounding environment, and conforms to the architectural requirements of § 153.062 Building Types;
(f) The conceptual design of open spaces, including location and relationship to surrounding buildings, provides for
meaningful public gathering spaces that benefit the community both within and outside the proposed development;
(g) The CP allows for the connection and or expansion of public or private infrastructure and the continued provision
of services required by the city or other public agency; and
(h) The development concept conforms to the requirements of § 153.063 Neighborhood Standards, as applicable.
(F) Preliminary Development Plan.
(1) Purpose and Applicability.
(a) The purpose of the Preliminary Development Plan (PDP) is to establish a framework for the proposed
development that is consistent with the requirements of the Community Plan, BSD Special Area Plan, BSD Code, BSD
Design Guidelines, other adopted plans, policies, and regulations, and the review criteria.
(b) The PDP allows the PZC to ensure that the proposed development is consistent with the following:
1. That the street network and block framework provide a coherent and rational development pattern;
2. That the proposed street types provide for walkable urbanism;
3. That the proposed building types are appropriate to the location and surrounding neighborhood;
4. That the proposed development creates the urban setting envisioned by the applicable neighborhood standards;
5. That planned open spaces and building types within the development are integrated in order to complement
each other;
6. That the proposed development is consistent with the general development requirements of the city with respect
to such elements as infrastructure, transportation, and environmental considerations; and
7. That the proposed development will contribute to the creation of signature places in the city consistent with the
BSD Special Area Plan through an evaluation of long-term phasing plans, transitional development conditions, and planned
placemaking elements.
(c) The PDP is intended to establish the direction of the proposed development based on all applicable code
requirements and shall refine the approved CP.
(d) If a PDP is approved by the PZC, such action shall be binding and shall serve as the basis for submittal of the
Final Development Plan (FDP) for the proposed development or phases thereof.
(2) Review Procedure.
(a) An application for a PDP may not be submitted prior to the review and approval of a CP.
(b) The PDP is a mandatory submittal requirement prior to filing a FDP. However, the PDP may be combined with the
FDP at the request of the applicant, by motion of the PZC following its approval of the CP, or if recommended by the
Director and agreed by the applicant.
(c) An application for PDP shall be submitted in accordance with the provisions of divisions (E)(3) and (N)(1) of this
section.
(d) The PZC shall be the required reviewing body for the PDP within the Bridge Street District.
(e) The Director shall make a recommendation for approval, approval with conditions, or denial of the PDP application
under the criteria of division (E)(4) of this section.
(f) The PZC shall review the PDP application and the recommendation of the Director and render its decision based
on the criteria of division (E)(4) of this section for approval, approval with conditions, or denial. A written record of the
Commission's decision shall be provided to the applicant.
(3) Submittal Requirements. It is the intent of these regulations that a PDP shall provide information that is sufficient to
ensure general conformity with the regulations and that can serve as a basis for the future consideration of a FDP.
Information submitted should be sufficiently detailed to enable the PZC to understand the existing site and the PDP for the
proposed development, and to evaluate consistency with the review criteria in division (E)(4) of this section. The applicant
shall submit an application and supplemental materials as outlined in division (N)(1) of this section and determined by the
Director.
(4) Review Criteria. The PZC shall make its decision on an application for a PDP based on each of the following
criteria:
(a) The PDP shall be consistent with the approved CP, the record established by the required reviewing body, the
associated staff report, and the Director's recommendation;
(b) The development is consistent with the Community Plan, BSD Special Area Plan, BSD Design Guidelines, other
adopted city plans, and related policies;
(c) The proposed land uses align with all applicable requirements and use specific standards of § 153.059 Uses;
(d) The proposed buildings are appropriately sited and scaled to create a cohesive development character that
complements the surrounding environment, and conforms to the requirements of §§ 153.062 Building Types and 153.065
Site Development Standards;
(e) The proposed lots and blocks conform to the requirements of § 153.060 Lots and Blocks;
(f) The proposed street types conform to the requirements and standards of § 153.061 Street Types, including the
general pattern of streets, blocks, and development reflected on the BSD Street Network Map and the conceptual locations
of access points to surrounding streets to avoid adverse impacts on surrounding neighborhoods and traffic infrastructure;
(g) The proposed design of the internal circulation system, driveways, and any connections to the public realm
provide for safe and efficient access for pedestrians, bicyclists, vehicles, and emergency services;
(h) The proposed design of buildings conforms to the BSD Code and is consistent with the BSD Design Guidelines,
while integrating with nearby development;
(i) The proposed open spaces are appropriately sited and designed to conserve or enhance natural features as
appropriate, enhance the community both within and outside the proposed development, and conform to the requirements of
§ 153.064 Open Spaces;
(j) The scale and design of the proposed development allows for the adequate provision of services currently
furnished by or that may be required by the city or other public agency including, but not limited to, fire and police protection,
public water and sanitary sewage services, recreational activities, traffic control, waste management, and administrative
services;
(k) The proposed development conforms to the requirements of § 153.063 Neighborhood Standards, as applicable;
(l) The proposed development provides adequate stormwater management systems and facilities that comply with
the applicable regulations of this code and any other applicable design criteria or regulations as adopted by the city or
required by other government entities;
(m) The proposed development can be adequately serviced by existing and/or planned public or private infrastructure
consistent with the city's most recently adopted capital improvements program;
(n) If the development is to be implemented in phases, each phase has adequate infrastructure to serve the
development independently without the need for further phased improvements; and
(o) The proposed development demonstrates consistency with the recommendations, principles, and intent of all
applicable design standards and guidelines, including but not limited to buildings, open spaces, and streetscapes.
(G) Final Development Plan.
(1) Purpose and Applicability.
(a) The purpose of the Final Development Plan (FDP) is to confirm compliance with the PDP, all requirements of the
BSD Code, Community Plan, BSD Special Area Plan, BSD Design Guidelines, and other adopted plans, policies, and
regulations, and the review criteria.
(b) The FDP allows the PZC to ensure that the proposed development is compliant with the following:
1. That the street network and block framework provide a coherent and rational development pattern;
2. That proposed street types provide for walkable urbanism;
3. That the proposed building types are appropriate to the location and neighborhood, including assuring that the
dimensions of a parcel meet the lot size requirements for the applicable building type;
4. That the architecture, building materials and colors, landscaping and buffering, and site layout create a
functional, aesthetically appealing urban place;
5. That the proposed development creates the urban setting envisioned by the applicable neighborhood standards;
6. That planned open spaces and building types within the development are integrated in order to complement
each other;
7. That the proposed development is consistent with the general development requirements of the city with respect
to such elements as infrastructure, transportation, and environmental considerations; and
8. That the proposed development will contribute to the creation of signature places in the city consistent with the
BSD Special Area Plan through an evaluation of long-term phasing plans, transitional development conditions, and planned
placemaking elements.
(c) The FDP is intended to verify the proposed development, or phases of development, is in compliance with all
applicable code requirements, and is consistent with the PDP.
(d) All development within the BSD District shall require an approved FDP prior to applying for site disturbance
approval, CZPA, and/or building permits. In addition, the following development activities shall also require an approved
FDP:
1. When a project involves the design or construction of new streets, or a proposed realignment or relocation of any
street in the general pattern of street development conceptualized by the BSD Street Network Map in § 153.061 that is
required or permitted by the city;
2. When a project requires land subdivision in accordance with Chapter 152; or
3. When a project does not meet the criteria for a Minor Project (MP).
(e) Applications for a FDP shall be reviewed by the PZC, whose approval shall be binding and shall serve as the
regulatory and administrative document for zoning compliance.
(2) Review Procedures.
(a) An application for a FDP shall be submitted in accordance with the provisions of divisions (F)(3) and (N)(1) of this
section.
(b) The PDP may be combined with the FDP at the request of the applicant, by motion of the PZC at the time of CP
review and approval, or recommended by the Director.
(c) The PZC shall be the required reviewing body for the FDP within the BSD.
(d) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the final
development plan application under the criteria of division (F)(4) of this section.
(e) The PZC shall review the FDP application and the recommendation of the Director and render its decision based
on the criteria of division (F)(4) of this section for approval, approval with conditions, or denial. A written record of the
Commission's decision shall be provided.
(3) Submittal Requirements. It is the intent of these regulations that a FDP shall provide final project information that is
sufficient to ensure general conformity to an approved PDP. In cases where the applicant has been authorized to submit a
combined PDP and FDP, then the submittal shall incorporate the required information for the PDP and as required below.
Information should be sufficiently detailed to enable the PZC to understand the existing site and the FDP for the proposed
project or a portion thereof, and to evaluate consistency with the review criteria in division (F)(4) of this section. The
applicant shall submit an application and supplemental materials as outlined in division (N)(1) of this section and determined
by the Director.
(4) Review Criteria. The PZC shall make its decision on an application for a FDP based on each of the following
criteria:
(a) The FDP shall be substantially similar to the approved PDP, and consistent with the record established by the
required reviewing body, the associated staff report, and the Director's recommendation;
(b) The proposed development is consistent with the Community Plan, BSD Special Area Plan, BSD Design
Guidelines, other adopted city plans, and citywide administrative and financial policies;
(c) The proposed land uses conform to all applicable requirements and use specific standards of § 153.059 Uses;
(d) The proposed buildings are appropriately sited and conform to the requirements of § 153.062 Building Types and
§ 153.065 Site Development Standards;
(e) The proposed lots and blocks conform to the requirements of § 153.060 Lots and Blocks;
(f) The proposed street types conform to the requirements and standards of § 153.061 Street Types, including the
general pattern of streets, blocks, and development reflected on the BSD Street Network Map, as amended;
(g) The proposed design of the internal circulation system, driveways, and any connections to the public realm
provide for safe and efficient access for pedestrians, bicyclists, vehicles, and emergency services;
(h) The proposed design, architecture, and materials of buildings is consistent with the BSD Design Guidelines, while
integrating with nearby development, and avoids overshadowing of existing or proposed development;
(i) The proposed site design, landscaping, screening, and buffering is consistent with the BSD Design Guidelines;
(j) The proposed open spaces are appropriately sited and designed to conserve or enhance natural features as
appropriate, enhance the community, benefit the community both within and outside the proposed development, and
conform to the requirements of § 153.064 Open Spaces;
(k) The scale and design of the proposed development allows for the adequate provision of services currently
furnished by or that may be required by the city or other public agency including, but not limited to, fire and police protection,
public water and sanitary sewage services, recreational activities, traffic control, waste management, and administrative
services;
(l) The proposed development conforms to the requirements of § 153.063 Neighborhood Standards, as applicable;
(m) The proposed development provides adequate stormwater management systems and facilities that comply with
the applicable regulations of this code and any other applicable design criteria or regulations as adopted by the city or
required by other government entities;
(n) The proposed development can be adequately serviced by existing and/or planned public or private infrastructure
consistent with the city's most recently adopted capital improvements program;
(o) If the development is proposed to be implemented in phases, each phase has adequate infrastructure to serve the
development independently without the need for further phased improvements; and
(p) The proposed development demonstrates consistency with the recommendations, principles, and intent of all
applicable design standards and guidelines, including but not limited to buildings, open spaces, and streetscapes.
(H) Minor Project.
(1) Purpose and Applicability. The purpose of the Minor Project (MP) is to provide an efficient review process for
smaller projects that do not have significant community effects, as defined in division (H)(2) of this section.
(2) Minor Projects Defined. The following projects shall be considered eligible for review and approval as an MP:
(a) Additions to principal structures that increase the gross floor area by not more than 25%, or not more than 10,000
square feet gross floor area, whichever is less, existing as of the effective date of this amendment, or when first constructed,
and associated site development requirements.
(b) Exterior modifications to principal structures involving not more than 25% of any individual facade elevation of the
structure.
(c) Signs, landscaping, parking, and other site related improvements that do not involve construction of a new
principal building. Parks, when used to meet requirements as an open space type, as provided in § 153.064, shall require a
FDP.
(d) Accessory structures 1,000 gross square feet or smaller and the related accessory uses.
(e) Modifications to existing structures in accordance with § 153.062(B)(2) that increase the gross floor area by not
more than 25%o, or not more than 10,000 square feet gross floor area, whichever is less, existing as of the effective date of
this amendment and associated site development requirements; and
(f) Parking plans when not associated with a PDP or a FDP.
(3) Review Procedure.
(a) An application for a minor project MP shall be made in accordance with the provisions of divisions (G)(4) and (N)
(1) of this section.
(b) The ART shall be the required reviewing body for the MP.
(c) The Director shall make a recommendation to the ART for approval, approval with conditions, or denial of the MP
under the criteria of division (G)(5) of this section.
(d) The ART shall review the MP application and the Director's recommendation, and render its decision based on the
criteria of division (G)(5) of this section for approval, approval with conditions, or denial. A written record of the ART's
decision shall be provided.
(e) The ART may forward any MP application to the PZC for consideration. In making such a determination, the ART
shall conclude that the application raises complex issues, including but not limited to, the need for public infrastructure
improvements and/or other neighborhood or community-wide effects that would benefit from a public review and decision by
the PZC. These applications shall be reviewed against the criteria in division (G)(5) of this section.
(f) If the application is not approved by the ART, the applicant shall be given the opportunity to revise the application
in response to the ART's comments and resubmit for reconsideration.
(g) Decisions of the ART are appealable to the PZC.
(4) Submittal Requirements. It is the intent of these regulations that an application for a MP provides sufficient
information to ensure general conformity to the applicable provisions of this code. The information should be sufficiently
detailed to enable the required reviewing body to understand the existing site and the MP request for the proposed project or
a portion thereof. The applicant shall submit an application and supplemental materials as outlined in division (M)(1) of this
section and determined by the Director.
(5) Review Criteria. The Administrative Review Team (ART) shall make its decision on an application for a MP based
on each of the following criteria and the recommendation of the Director:
(a) The MP shall be consistent with the Community Plan, BSD Special Area Plan, BSD Code, BSD Design
Guidelines, and adopted plans, policies, and regulations;
(b) In cases where a MP is proposed within or as part of an approved PDP or FDP, the MP shall be consistent with
such approved PDP or FDP;
(c) The MP shall be consistent with the record established by the required reviewing body, the associated staff report,
and the Director's recommendation;
(d) The proposed land uses meet all applicable requirements and use specific standards of § 153.059 Uses; and
(e) The proposed site improvements, landscaping, screening, and buffering shall meet all applicable requirements of
the BSD Code and respond to the standards of the BSD Design Guidelines.
(I) Administrative Departure.
(1) Purpose and Applicability.
(a) The intent of the Administrative Departure (AD) is to provide an efficient process to allow minor deviations from
the strict application of the BSD requirements caused by unusual site or development conditions or conditions unique to a
particular use or other similar conditions that require reasonable adjustments, but remain consistent with the intent of this
chapter.
(b) The AD shall not convey special rights or other approvals that would not otherwise result from a decision under
this code.
(2) Administrative Departure Defined. An AD shall be limited to any modification of no greater than 10% to a numeric
zoning standard related to building dimensions, lot dimensions or coverage, open space, landscaping, parking, fencing,
walls, screening, or exterior lighting.
(3) Review Procedure.
(a) An application for an AD shall be made in accordance with the provisions of divisions (H)(4) and (N)(1) of this
section.
(b) The ART shall be the required reviewing body for administrative departures.
(c) A request for an AD may be submitted with an application for a PDP, FD, MP, or at any other time as may be
necessary.
(d) A request for an AD may be processed simultaneously with a PDP, FDP, or MP to which it relates.
(e) The Director shall make a recommendation to the ART for approval, approval with conditions, or denial of the AD
under the criteria of division (H)(5) of this section.
(f) The ART shall determine whether each requested AD is approved, approved with conditions, or denied. A written
record of the ART's decision will be provided. Decisions relative to an approved FDP shall be reported to the PZC.
(g) Should the ART find that the request does not meet the criteria for an AD, the applicant may request a waiver
under the provisions of division (I) of this section or submit a new application for a FDP or MP, as applicable.
(h) Decisions may be appealed to the PZC.
(4) Submittal Requirements. It is the intent of these regulations that an application for an AD provides sufficient
information to evaluate whether the request should be granted under divisions (H)(2) and (H)(5) of this section. The
information should be sufficiently detailed to enable the required reviewing body to understand the existing site, proposed
AD, and the related PDP, FDP or MP for the proposed project or a portion thereof. The applicant shall submit an application
and supplemental materials as outlined in division (N)(1) of this section and determined by the Director.
(5) Review Criteria. The ART shall make its decision on the requested AD based on the following criteria:
(a) The need for the AD is caused by unique site conditions, conditions on surrounding properties, and/or otherwise
complies with the spirit and intent of the Community Plan, BSD Special Area Plan, BSD Design Guidelines, other adopted
city plans and policies, and all applicable requirements within §§ 153.057 through 153.066;
(b) The AD is not being requested simply to reduce cost or as a matter of general convenience;
(c) The AD does not have the effect of authorizing any use, sign, building type, or open space type that is not
otherwise permitted in the BSD district;
(d) The AD, if approved, does not adversely impact the pedestrian experience; and
(e) The AD, if approved, will ensure that the development is of equal or greater development quality with respect to
design, material, and other development features than without the AD.
(J) Waiver.
(1) Purpose and Applicability. Under the provisions of this section, waivers are a process to allow deviations from
specific code requirements that may only be granted by the PZC.
(2) Waivers Defined. A waiver is defined as a request for a deviation from a requirement of §§ 153.059 through
153.065, which do not otherwise qualify for an AD under the provisions of division (H) of this section.
(3) Review Procedure.
(a) An application for a waiver shall be made in accordance with the provisions of divisions (I)(4) and (N)(1) of this
section.
(b) The PZC shall be the required reviewing body for waivers. In cases where a waiver is submitted with a Minor
Project (MP), the PZC shall be the required reviewing body for both the waiver and the MP.
(c) The Waiver may be submitted with any application for a PDP
(d) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the
waiver under the criteria of division (I)(5) of this section. Additional waivers determined by the Director during his/her review,
may be included for review by the PZC.
(e) The PZC shall review the requested waiver using the criteria of division (J)(5) of this section. Should other waivers
be necessary to resolve conflicts with other requirements of this chapter resulting from the requested waiver, those waivers
shall also be reviewed by PZC.
(f) The PZC shall approve, approve with conditions, or deny the waiver request. A written record of the PZC decision
will be provided.
(4) Submittal Requirements. It is the intent of these regulations that an application for a waiver provides sufficient
information to evaluate whether the waiver should be granted under divisions (I)(2) and (I)(5) of this section. The information
should be sufficiently detailed to enable the PZC to understand the existing site, proposed PDP, FDP, or MP as noted in
division (J)(3)(b), and the related waiver request for the proposed project or a portion thereof. The applicant shall submit an
application and supplemental materials as outlined in division (N)(1) of this section and determined by the Director.
(5) Review Criteria. The PZC shall make its decision on an application for a proposed waiver based on all of the
following criteria:
(a) The need for the waiver is caused by unique site conditions, the use of or conditions on the property or
surrounding properties, or other circumstance outside the control of the owner/lessee, including easements and rights-of-
way;
(b) The waiver, if approved, will generally meet the spirit and intent of the Community Plan, BSD Special Area Plan,
BSD Design Guidelines, other adopted city plans and policies, and all applicable requirements in §§ 153.057 through
153.066;
(c) The waiver is not being requested solely to reduce cost or as a matter of general convenience;
(d) The waiver, if approved, will ensure that the development is of equal or greater development quality with respect
to design, material, and other similar development features than without the waiver;
(e) The requested waiver is better addressed through the waiver rather than an amendment to the requirements of
this chapter; and
(f) The waiver does not have the effect of authorizing any use or open space type that is not otherwise permitted in
that BSD district.
(K) Master Sign Plan.
(1) Purpose and Applicability.
(a) The purpose of the Master Sign Plan (MSP) is to define the scope, character, and aesthetic quality of signs and
sign regulations for an individual tenant, multi-tenant building, or multi-building development; while allowing an additional
degree of flexibility and creativity in sign design and display.
(b) The MSP review is intended to confirm the proposed sign design or comprehensive sign plan is consistent with
the development context, architectural character, and the BSD Design Guidelines. MSPs are not intended to permit larger or
more visible signs, and are not intended to permit a greater number of signs without consideration of the BSD Design
Guidelines.
(c) The MSP allows the PZC the means to evaluate the proposal for its consistency with §§ 153.057 through 153.066,
the Community Plan, BSD Special Area Plan, BSD Design Guidelines, and other adopted city plans, and the review criteria,
and to consider the proposal within the context of existing and planned development within the vicinity of the project
boundary.
(2) Review Procedure.
(a) An application for a MSP shall be submitted in accordance with the provisions of divisions (J)(3) and (N)(1) of this
chapter.
(b) The PZC shall be the required reviewing body for MSPs in the BSD.
(c) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the
MSP application under the criteria of division (J)(4) of this section. The Director's recommendation shall be provided prior to
the respective public hearing.
(d) The PZC shall review the MSP application and the recommendation of the Director, and render its decision based
on the criteria of division (J)(4) of this section for approval, approval with conditions, or denial. A written record of the
Commission's decision shall be provided.
(e) The applicant may request additional review meetings with the PZC.
(3) Submittal Requirements. It is the intent of these regulations that the MSP shall indicate general information, sign
design standards, and the area of applicability. Information submitted should be comprehensive enough to enable the PZC
to understand the existing site and design concept for the proposed MSP. The applicant shall submit an application and
supplemental materials as outlined in division (N)(1) of this section and determined by the Director.
(4) Review Criteria. The PZC shall render its feedback on an application for a MSP based on each of the following
criteria and the recommendation of the Director.
(a) The MSP is consistent with the Community Plan, BSD Special Area Plan, BSD Design Guidelines, and other
adopted city plans and policies;
(b) The proposed signs are appropriately sited and scaled to create a cohesive character that complements the
surrounding environment and meets the intent of the architectural requirements of § 153.062 Building Types;
(c) The proposed signs are not in conflict with public streets, open spaces, utilities, or rights-of-way, and do not
impede the continued provision of services required by the city or other public agency; and
(d) The MSP responds to the requirements of § 153.063 Neighborhood Standards, as applicable.
(L) Administrative Approval.
(1) Purpose and Applicability.
(a) The Director may authorize an Administrative Approval (AA) to an approved FDP or MP that is required to correct
any undetected errors or omissions, address conditions discovered during the permitting process or construction, or that is
necessary to ensure orderly and efficient development.
(b) Any approved AA must be consistent with the intent of the related approved FDP or MP.
(c) The Director may also authorize an AA to existing structures and associated site improvements that are necessary
to complete ordinary maintenance, refurbishment or Zoning Code compliance.
(2) Administrative Approval Defined. The following are considered AA's:
(a) Adjustments to lot lines;
(b) Adjustments to the location and layout of parking lots;
(c) Adjustments of up to 10% in total building floor area or floor plan;
(d) Adjustments to building height up to 10% for no more than 10% of the floorplate of the highest occupied floor
when necessary to accommodate building equipment or features required to comply with building code;
(e) Substitution of landscaping materials specified in the landscape plan;
(f) Redesigning and/or relocating stormwater management facilities;
(g) Relocating fencing, walls or screening (not including screening walls);
(h) Modifications to sign location, sign face, landscaping and lighting;
(i) Changes in building material or color;
(j) Changes required by outside agencies such as the county, state, or federal departments; and/or
(k) Other modifications deemed appropriate by the Director that do not alter the basic design or any specific
conditions imposed as part of the original approval.
(3) Review Procedure.
(a) An application for an AA shall be made in accordance with the provisions of divisions (K)(4) and (N)(1) of this
section.
(b) The Director shall be the required reviewing body for applications for an AA.
(c) The Director shall review the request after receiving a complete application and make a decision to approve,
approve with conditions, or deny an AA application under the criteria of division (K)(5) of this section. The Director's decision
shall be provided to the applicant in writing.
(d) The Director may forward any AA application to the PZC for consideration. In making such a determination, the
Director shall conclude that the application raises complex issues, including that the proposal is of such magnitude that it
has a detrimental effect on the approved development or there are neighborhood or community-wide effects that may result
if the proposal is approved, that would benefit from a public review and decision by the PZC.
(e) If denied, or approved with conditions, the applicant shall be given the opportunity to revise the request in
response to the Director's comments and resubmit for further consideration.
(f) Requests not meeting the requirements for an AA shall require the filing and approval of a new application for a
FDP, MP or other application as applicable, in accordance with this section.
(g) Decisions may be appealed to PZC.
(4) Submittal Requirements. It is the intent of these regulations that an application for an AA provides sufficient
information to ensure general conformity to the applicable provisions of this code and the approved FDP or MP, and to
evaluate whether the AA should be granted under division (K)(2) and (K)(5) of this section. The information should be
sufficiently detailed to enable the Director to understand the existing site and the AA request for the proposed project or a
portion thereof. The applicant shall submit an application and supplemental materials as outlined in division (N)(1) of this
section and determined by the Director.
(5) Review Criteria. The Director shall make his or her decision on an application for a proposed AA based on all of the
following criteria:
(a) Adjustments to lot lines do not create additional lots, required setbacks and/or RBZs are maintained, and the
boundaries to any approved PDP, FDP, or MP are not altered;
(b) Adjustments to the location and layout of parking lots maintain the perimeter setbacks, yards, buffers, and
required parking;
(c) Adjustments for buildings do not alter the character or the use of the originally approved building, building
height(s), or floor plans except as provided for in division (K)(2) of this section;
(d) Substitution of landscaping materials shall be of an equal or greater size and quality as the approved materials;
(e) Redesigned and/or relocated stormwater management facilities shall maintain the approved general character of
said facilities and the approved stormwater capacities;
(f) Relocating fencing, walls, or screening (not including screening walls) shall maintain the same level and quality of
materials and screening;
(g) Modifications to sign location, sign face, and related landscaping and lighting, shall maintain the approved general
sign design, number of signs, and dimensional requirements;
(h) Changes in building material shall be similar to and have the same general appearance comparable to previously
approved material; such changes shall be of equal or higher quality than the previously approved material;
(i) Changes in color shall be complimentary to the architectural design and character of the building;
(j) The modification is not being requested solely to reduce cost or as a matter of general convenience; and
(k) The requested modification would be better addressed through the modification rather than an amendment to the
requirements of this chapter or to the approved FDP or MP.
(M) Other Applicable Approvals.
(1) Open Space Fee in Lieu. After a recommendation from the Director in consultation with the Director of Parks and
Recreation, the PZC shall determine whether a request for a payment of a fee in lieu of open space dedication may be
approved, as provided in § 153.064(D) and (E).
(2) Conditional Uses. The Conditional Use approval procedures in § 153.236 shall apply in the BSD districts. The PZC
is the required reviewing body for Conditional Use applications.
(3) Zoning Map or Text Amendment. The amendment procedures of § 153.234 shall apply in the BSD districts. In
addition, a recommendation from the Director shall be submitted for consideration by the PZC and City Council.
(4) Preliminary and Final Plats. Reviews of Preliminary and Final Plats shall be governed by Chapter 152 of the Dublin
Code of Ordinances.
(5) Special Permit. The Special Permit procedures in § 153.231(G) shall apply in the BSD districts.
(6) Zoning Variance. The Zoning Variance procedures in § 153.231(H) shall apply in the BSD districts. In addition, a
recommendation from the Director shall be submitted for consideration by the Board of Zoning Appeals, and for City Council
in the instance of a use variance.
(7) Public Tree Permit. The Tree Permit requirements of § 153.134(G) shall apply in the BSD districts.
(N) General Provisions.
(1) Applications.
(a) Each application required by this section shall be made in writing on a form provided by the city and shall be
accompanied by the fee as established by City Council.
(b) Applications shall include all information required by the city, unless deemed unnecessary by the Director based
on the nature and scale of the proposed development. No application shall be accepted and processed by the city until it is
deemed complete by the Director. If found to be incomplete, the Director shall inform the applicant of any additional
materials required to certify that the application is complete.
(c) After acceptance of a complete application, the Director and/or required reviewing body may request additional
materials if deemed necessary to evaluate the proposal.
(d) No application for a FDP that has been denied by the PZC shall be resubmitted for a period of one year from the
date of the decision, unless permitted by the Director after a demonstration by the applicant of a change of circumstances
from the previous application that may reasonably result in a different decision.
(e) The Director may approve the simultaneous review of applications required by this chapter and/or a subdivision
plat required by the Code, if the Director determines that simultaneous review will not adversely impact the achievement of
the purpose and intent of this chapter. The provisions of § 153.066(F)(2)(b) and (G)(2)(b) govern relative to the filing of a
combined PDP and FDP.
(f) Where public reviews are required by this chapter, a written notice of the public meeting shall be sent, not less
than ten days prior to the meeting, to the applicant, property owner, and owners of parcels of land within 300 feet of the
subject parcel(s), as listed on the County Auditor's current tax list. The notice shall, at a minimum, indicate the property that
is the subject of the request, describe the nature of the request, the time, date and location of the meeting at which the
application will be considered, and indicate when and where written comments will be received concerning the request.
(2) Decisions.
(a) Any application required to be reviewed under this section shall be approved, approved with conditions, or denied
by the required reviewing body based on the applicable review criteria as provided in this section and other applicable
provisions of this chapter. The recommending body and required reviewing body shall state the reasons for their decisions
in the minutes and provide a written record of the decision.
(b) Prior to reaching a decision, if the required reviewing body determines that an application does not meet the
applicable review criteria as provided in this section and other applicable provisions of this chapter, but determines that the
application could meet those criteria with modifications that could not be reasonably conditioned, the applicant may request
that the decision on the application be postponed to provide the opportunity to make those modifications.
(c) Following the approval of a FDP or MP, the applicant may proceed with the process for obtaining a Certificate of
Zoning Plan Approval (CZPA) and Building Permit (BP), consistent with the approval as granted. All construction and
development under any BP shall comply with the approved FDP and MP, and any other approval, as applicable.
(3) Certificate of Zoning Plan Approval. A CZPA issued by the Director verifying compliance with all applicable zoning
requirements is required prior to modification, extension, or alteration of sites and structures, and/or change of use in BSD.
(4) Code Administration. The PZC may evaluate and monitor the application of the requirements and standards of §§
153.057 through 153.066 by the Director. The PZC may advise the Director as to whether it finds that the requirements or
standards (including requests for an AA) are being applied correctly, and recommend to City Council any changes needed in
the BSD district standards and requirements to better implement the Community Plan, BSD Special Area Plan, BSD Design
Guidelines, and other related policy and regulatory documents adopted by the city.
(5) Duration of Approvals.
(a) Because the review of an informal application is non-binding on the city and does not result in a decision by the
PZC, the comments made during the informal application review do not expire. However, if the applicant makes any material
change in the informal application following the review, the applicant should not assume that the previous informal review
comments remain applicable to the revised application.
(b) An approved CP shall be valid for a period of no more than one year. If an application has not been filed for a PDP
for at least a portion of the site within that one-year period, then the CP shall no longer be valid. A new CP application shall
be required in accordance with the requirements of this chapter.
(c) An approved PDP shall be valid for a period of no more than two years. If a FDP application for at least a portion of
the site has not been filed within that two-year period, then the PDP shall no longer be valid. A new PDP application shall be
required in accordance with this chapter.
(d) An approved FDP shall be valid for a period of no more than two years. If a Building Permit and/or CZPA has not
been filed for at least a portion of the project within the two-year period, the FDP shall no longer be valid. A new FDP
application shall be required in accordance with this chapter.
(e) An approved MP shall be valid for a period of no more than two years. If a Building Permit and/or CZPA for at least
one portion of the site has not been filed within that two-year period, then the MP shall no longer be valid. A new MP
application shall be required in accordance with this chapter.
(f) Abandonment.
1. Once a final approval is granted by the required reviewing body, if the Director of Building Standards determines
that work has been abandoned for a continuous period of six months, the approval shall lapse and cease to be in effect.
2. The Director of Building Standards shall make the determination of abandonment based on the presence of one
or more of the following conditions:
a. Removal of construction equipment or supplies;
b. Expiration of an active building permit issued by the city;
c. Evidence of a failure to maintain the property, such as overgrown weeds, failure to secure buildings, broken
windows, or other evidence of lack of maintenance;
d. Other actions documented by the Director of Building Standards and/or Director evidencing an intent to
abandon the construction of the project.
3. Once the Director of Building Standards makes a determination of abandonment, if a new BSD application is not
submitted within 90 days from the date of the determination, the owner shall restore the site to its previous condition, and/or
remove any structures or other evidence of work on the site, within 180 days from the date of the determination of
abandonment. If the owner fails to restore the site to its previous condition within 180 days, the city may take any and all
actions necessary to restore the site to its previous condition, including removing any structures or other evidence of work,
and the costs of removal shall be assessed against the property.
(6) Architectural Review Board Authority. Until otherwise amended, the Architectural Review Board (ARB) shall be the
required reviewing body for the following districts: BSC Historic Core, Historic Residential, Historic South, and Historic
Transition Neighborhood, as outlined in §§ 153.170 through 153.180. The ARB shall be sole authority for waivers and Master
Sign Plans in the above noted zoning districts, pursuant to the standards and criteria in § 153.066.
(7) Single-Family Detached Home. A single-family detached home and additions thereto are not subject to the
submittal of a CP, PDP, nor FDP. A single-family home and additions thereto shall submit a Building Permit as required by
code and issuance of a CZPA as provided for in § 153.233. Any proposed modifications to zoning standards of the BSD
Code associated with a proposed single-family home and any additions thereto shall be subject to review and approval of a
waiver, AA, and/or AD provided for in this chapter. A single-family home is not subject to MP provisions of this chapter.
(Ord. 07-12, passed 3-26-12; Am. Ord. 84-13, passed 11-4-13; Am. Ord. 114-14, passed 12-8-14; Am. Ord. 09-19, passed
4-8-19)
Planning and Zoning Commission: March 4, 2021 (incorporating proposed Ord. 03-21)
1
153.066 REVIEW AND APPROVAL PROCEDURES AND CRITERIA
(A) Intent. The intent of this section is to provide an efficient and predictable review
process for rezoning and/or development applications within the Bridge Street District
(BSD) zoning districts and to enhance Dublin's reputation for exceptional, carefully
considered design and high quality development consistent with the Vision Principles
and direction articulated in the BSD Special Area Plan in the Community Plan. The
review and approval procedures and criteria help ensure that new development and
redevelopment is served by adequate and efficient infrastructure so as not to burden the
fiscal resources of the City, and to protect the health, safety, and general welfare of
residents, occupants, and users of property in the BSD districts and surrounding areas of
the City.
(B) Required Approvals.
(1) Summary. This section outlines the requirements and procedures for
development review specifically within the BSD districts. The review procedures
of this section shall be used for all development applications in a BSD district.
Table 153.066-A, Summary Procedure Table, describes the review procedures
applicable in all BSD districts.
(2) Abbreviations. The following abbreviations and terms are used in this section:
ART: Administrative Review Team
BZA: Board of Zoning Appeals
CC or Council: City Council
PD or Director: Planning Director
PZC or Commission: Planning and Zoning Commission
TABLE 153.066-A: SUMMARY PROCEDURE TABLE
R = Recommendation D = Decision A = Administrative Appeal RF = Review & Feedback
Type of Application PD ART BZA PZC Council Zoning Code Reference
Zoning Code Approvals
Zoning Map or Text Amendment R R D § 153.234
Conditional Use R D § 153.236
Special Permit R D § 153.231(G)
Use Variance R R D § 153.231(H)(3)
Non-Use (Area) Variance R D § 153.231(H)(2)
Other Approvals
Building Code Appeal D § 153.231(I)
Bridge Street District Applications
Pre-Application RF §153.066(C)
Informal RF RF §153.066(D)
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Concept Plan R D §153.066(E)
Concept Plan with a Development Agreement R R D §153.066(E)
Preliminary Development Plan R D §153.066(F)
Final Development Plan R D §153.066(G)
Amended Final Development Plan R D §153.066(H)
Minor Project R D A §153.066(H)(I)
Administrative Departure R D A §153.066(I)(J)
Waivers R D §153.066(J)(K)
Master Sign Plan R D §153.065(H)(2)(e)/
§153.066(K)(L) and (L)(M)(8)
Parking Plans R D §153.066(G)(2)(f)(N)(8)/§153.0
65(B)
Administrative Approval D A §153.066(L)(M)
Open Space Fee in Lieu R D
§153.066(M)(N)(1)/§154.064(D
)(E)
Certificate of Zoning Plan Approval D §153.233/§153.066(N)(O)(3)
(C) Pre-Application.
(1) Purpose and Applicability.
(a) The purpose of the Pre-Application submittal is to provide a potential
applicant with a non-binding review of a development proposal and to
provide information on the procedures and policies of the City, including
application review procedures.
(b) Pre-Application reviews do not result in a development decision or permit,
and shall not obligate the City or the developer to take any action on the
proposal.
(2) Review Procedure.
(a) A request for a pre-application review shall be made in accordance with
the provisions of division (N)(O)(1) of this section.
(b) Requests shall be submitted to the Director, who shall be responsible for
circulating any submittal material to the applicable departments for input
(c) The Director and staff shall use reasonable efforts to conduct an
expeditious review of the submitted materials and provide non-binding
input and recommendations.
(d) The Director may schedule a meeting with the potential applicant to
discuss the request or may provide a written summary of the staff review.
(e) Additional staff reviews of the pre-application submittal may be requested
by the applicant prior to filing a formal application.
(f) Any and all written summaries of the pre-application review shall be
forwarded to the required reviewing body with a formal.
(D) Informal. Prior to submittal of an application for a Concept Plan (CP), an applicant may
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submit an Informal application for review of a development concept with the PZC. Such
submittal shall include a completed application form and supporting material sufficient to
describe the development concept. The review of the informal submittal shall be non -
binding upon the PZC and the applicant, however, it is intended to provide feedback by
the PZC that should inform the preparation and subsequent review of the CP. The
Planning Director shall prepare a brief analysis and comments that will be submitted to
the PZC with the application.
(E) Concept Plan.
(1) Purpose and Applicability.
(a) The purpose of the Concept Plan (CP) is to provide a general outline of
the scope, character, and nature of the proposed development that is
consistent with the policy direction of the Community Plan and the BSD
Special Area Plan, the requirements of the BSD Code, other related policy
and regulatory documents, and the review criteria, and to consider the
proposal within the context of existing and planned development within
the vicinity of the project.
(b) The CP allows the required reviewing body the means to ensure that the
proposed concept is consistent with the following:
1. That the proposed land uses are consistent with Community Plan,
BSD Special Area Plan, and BSD Code;
2. That the proposed block framework and street network are
generally compatible with the adopted plans, lead to the creation
of a walkable, urban place;
3. That the proposed development concept generally fulfills the
intent of the BSD Special Area Plan; and
4. That the proposed development concept has the potential to
create a walkable, urban place.
(c) The CP review provides an opportunity for public input at an early stage
of the development process.
(d) The CP review is intended to provide clear direction to the applicant by
the required reviewing body resulting from its review and approval of the
application.
(e) If the CP is approved by the required reviewing body it shall serve as a
basis for preparation by the applicant of the Preliminary Development
Plan (PDP) for the proposed development.
(f) For projects that will propose a development agreement due to the need
for development timeframe, public infrastructure, public and private
contributions, development restrictions, or other related items, City
Council shall serve as the required reviewing body for the CP. In those
cases, the Director and the Planning and Zoning Commission shall each
review the CP and provide a recommendation to Council to approve,
approve with conditions, or disapprove the CP.
(2) Review Procedure.
(a) The CP is a mandatory step in the development review and approval
process for the BSD.
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(b) An application for a CP shall be made in accordance with the provisions of
divisions (D)(E)(3) and (N)(O)(1) of this Chapter.
(c) The PZC shall be the required reviewing body for the CP in the BSD,
unless a development agreement is proposed in conjunction with a
proposed project, then City Council shall be the required reviewing body
for the CP.
(d) The Director shall make a recommendation to the PZC for approval,
approval with conditions, or denial of the CP application under the criteria
of division (D)(E)(4) of this section.
(e) The PZC shall review the CP application, the minutes of the PZC meeting
if an informal review was requested by the applicant, the Director’s
recommendation, and render its decision based on the criteria of division
(D)(4). In the instance the PZC is the required reviewing body, the
Commission will render a decision for approval, approval with conditions,
or denial and written record of the Commission’s decision shall be
provided.
(f) In the instance of a CP associated with a proposed development
agreement, the Commission will make a recommendation of approval,
approval with conditions, or denial to City Council.
(g) City Council shall review the CP application and the recommendations of
PZC and the Director, and render its decision based on the criteria of
division (D)(E)(4) of approval, approval with conditions, or denial.
(3) Submittal Requirements. It is the intent of these regulations that the CP shall
indicate overall design of the proposed project. Information submitted should be
comprehensive enough to enable the required reviewing body to understand the
existing site and concept for the proposed development, and to evaluate
consistency with the review criteria in division (D)(E)(4). The applicant shall
submit an application and supplemental materials as outlined in division
(N)(O)(1) and determined by the Director.
(4) Review Criteria. The required reviewing body shall make its decision on an
application for a CP based on each of the following criteria and may consider the
recommendation of the Director and, if City Council is the required reviewing
body, the recommendation of the PZC. For applications associated with a
development agreement, the PZC shall apply these criteria in the formulation of
its recommendation to City Council.
(a) The CP is consistent with the applicable policy guidance of the
Community Plan, the BSD Special Area Plan, and other applicable City
plans, and citywide administrative and financial policies;
(b) The CP conforms to the applicable requirements of the BSD Code;
(c) The illustrative lots and blocks, supporting street and pedestrian network,
and internal circulation provide a coherent development pattern that
conforms to the requirements of §§153.060 Lots and Blocks, 153.061
Street Types, and 153.065 Site Development Standards, and the
conceptual locations of access points to surrounding streets will avoid
adverse impacts on surrounding neighborhoods and traffic infrastructure;
(d) The proposed land uses allow for appropriate integration into the
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community, consistent with adopted plans, and align with the
requirements of §153.059 Uses;
(e) The conceptual buildings are appropriately sited and scaled to create a
cohesive development character that complements the surrounding
environment, and conforms to the architectural requirements of §153.062
Building Types;
(f) The conceptual design of open spaces, including location and relationship
to surrounding buildings, provides for meaningful public gathering spaces
that benefit the community both within and outside the proposed
development;
(g) The CP allows for the connection and or expansion of public or private
infrastructure and the continued provision of services required by the City
or other public agency; and
(h) The development concept conforms to the requirements of §153.063
Neighborhood Standards, as applicable.
(F) Preliminary Development Plan.
(1) Purpose and Applicability.
(a) The purpose of the Preliminary Development Plan (PDP) is to establish a
framework for the proposed development that is consistent with the
requirements of the Community Plan, BSD Special Area Plan, BSD Code,
BSD Design Guidelines, other adopted plans, policies, and regulations,
and the review criteria.
(b) The PDP allows the PZC to ensure that the proposed development is
consistent with the following:
1. That the street network and block framework provide a coherent
and rational development pattern;
2. That the proposed street types provide for walkable urbanism;
3. That the proposed building types are appropriate to the location
and surrounding neighborhood;
4. That the proposed development creates the urban setting
envisioned by the applicable neighborhood standards;
5. That planned open spaces and building types within the
development are integrated in order to complement each other;
6. That the proposed development is consistent with the general
development requirements of the City with respect to such
elements as infrastructure, transportation, and environmental
considerations; and
7. That the proposed development will contribute to the creation of
signature places in the City consistent with the BSD Special Area
Plan through an evaluation of long-term phasing plans,
transitional development conditions, and planned placemaking
elements.
(c) The PDP is intended to establish the direction of the proposed
development based on all applicable code requirements and shall refine
the approved CP.
(d) If a PDP is approved by the PZC, such action shall be binding and shall
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6
serve as the basis for submittal of the Final Development Plan (FDP) f or
the proposed development or phases thereof.
(2) Review Procedure.
(a) An application for a PDP may not be submitted prior to the review and
approval of a CP.
(b) The PDP is a mandatory submittal requirement prior to filing a FDP.
However, the PDP may be combined with the FDP at the request of the
applicant, by motion of the PZC following its approval of the CP, or if
recommended by the Director and agreed by the applicant.
(c) An application for PDP shall be submitted in accordance with the
provisions of divisions (E)(F)(3) and (N)(O)(1) of this section.
(d) The PZC shall be the required reviewing body for the PDP within the
Bridge Street District.
(e) The Director shall make a recommendation for approval, approval with
conditions, or denial of the PDP application under the criteria of division
(E)(F)(3) of this section.
(f) The PZC shall review the PDP application and the recommendation of the
Director and render its decision based on the criteria of division (E)(F)(3)
of this section for approval, approval with conditions, or denial. A written
record of the Commission’s decision shall be provided to the applicant.
(3) Submittal Requirements. It is the intent of these regulations that a PDP shall
provide information that is sufficient to ensure general conformity with the
regulations and that can serve as a basis for the future consideration of a FDP.
Information submitted should be sufficiently detailed to enable the PZC to
understand the existing site and the PDP for the proposed development, and to
evaluate consistency with the review criteria in division (E)(F)(3). The applicant
shall submit an application and supplemental materials as outlined in division
(N)(O)(1) and determined by the Director.
(4) Review Criteria. The PZC shall make its decision on an application for a PDP
based on each of the following criteria:
(a) The PDP shall be consistent with the approved CP, the record established
by the required reviewing body, the associated Staff Report, and the
Director’s recommendation;
(b) The development is consistent with the Community Plan, BSD Special
Area Plan, BSD Design Guidelines, other adopted City plans, and related
policies;
(c) The proposed land uses align with all applicable requirements and use
specific standards of §153.059 Uses;
(d) The proposed buildings are appropriately sited and scaled to create a
cohesive development character that complements the surrounding
environment, and conforms to the requirements of §§153.062 Building
Types and 153.065 Site Development Standards;
(e) The proposed lots and blocks conform to the requirements of §153.060
Lots and Blocks;
(f) The proposed street types conform to the requirements and standards of
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§153.061 Street Types, including the general pattern of streets, blocks,
and development reflected on the BSD Street Network Map and the
conceptual locations of access points to surrounding streets to avoid
adverse impacts on surrounding neighborhoods and traffic infrastructure;
(g) The proposed design of the internal circulation system, driveways, and
any connections to the public realm provide for safe and efficient access
for pedestrians, bicyclists, vehicles, and emergency services;
(h) The proposed design of buildings conforms to the BSD Code and is
consistent with the BSD Design Guidelines, while integrating with nearby
development;
(i) The proposed open spaces are appropriately sited and designed to
conserve or enhance natural features as appropriate, enhance the
community both within and outside the proposed development, and
conform to the requirements of §153.064 Open Spaces;
(j) The scale and design of the proposed development allows for the
adequate provision of services currently furnished by or that may be
required by the City or other public agency including, but not limited to,
fire and police protection, public water and sanitary sewage services,
recreational activities, traffic control, waste management, and
administrative services;
(k) The proposed development conforms to the requirements of §153.063
Neighborhood Standards, as applicable;
(l) The proposed development provides adequate stormwater management
systems and facilities that comply with the applicable regulations of this
code and any other applicable design criteria or regulations as adopted by
the City or required by other government entities;
(m) The proposed development can be adequately serviced by existing and/or
planned public or private infrastructure consistent with the City's most
recently adopted capital improvements program;
(n) If the development is to be implemented in phases, each phase has
adequate infrastructure to serve the development independently without
the need for further phased improvements; and
(o) The proposed development demonstrates consistency with the
recommendations, principles, and intent of all applicable design standards
and guidelines, including but not limited to buildings, open spaces, and
streetscapes.
(G) Final Development Plan.
(1) Purpose and Applicability.
(a) The purpose of the Final Development Plan (FDP) is to confirm
compliance with the PDP, all requirements of the BSD Code, Community
Plan, BSD Special Area Plan, BSD Design Guidelines, and other adopted
plans, policies, and regulations, and the review criteria.
(b) The FDP allows the PZC to ensure that the proposed development is
compliant with the following:
1. That the street network and block framework provide a coherent
and rational development pattern;
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2. That proposed street types provide for walkable urbanism;
3. That the proposed building types are appropriate to the location
and neighborhood, including assuring that the dimensions of a
parcel meet the lot size requirements for the applicable building
type;
4. That the architecture, building materials and colors, landscaping
and buffering, and site layout create a functional, aesthetically
appealing urban place;
5. That the proposed development creates the urban setting
envisioned by the applicable neighborhood standards;
6. That planned open spaces and building types within the
development are integrated in order to complement each other;
7. That the proposed development is consistent with the general
development requirements of the City with respect to such
elements as infrastructure, transportation, and environmental
considerations; and
8. That the proposed development will contribute to the creation of
signature places in the City consistent with the BSD Special Area
Plan through an evaluation of long-term phasing plans,
transitional development conditions, and planned placemaking
elements.
(c) The FDP is intended to verify the proposed development, or phases of
development, is in compliance with all applicable code requirements, and
is consistent with the PDP.
(d) All development within the BSD District shall require an approved FDP
prior to applying for site disturbance approval, CZPA, and/or building
permits. In addition, the following development activities shall also
require an approved FDP:
a. When a project involves the design or construction of new streets, or
a proposed realignment or relocation of any street in the general
pattern of street development conceptualized by the BSD Street
Network Map in §153.061 that is required or permitted by the City;
b. When a project requires land subdivision in accordance with Chapter
152; or
c. When a project does not meet the criteria for a Minor Project (MP).
(e) Applications for a FDP shall be reviewed by the PZC, whose approval shall
be binding and shall serve as the regulatory and administrative document
for zoning compliance.
(2) Review Procedures.
(a) An application for a FDP shall be submitted in accordance with the
provisions of divisions (F)(G)(3) and (N)(O)(1) of this section.
(b) The PDP may be combined with the FDP at the request of the applicant,
by motion of the PZC at the time of CP review and approval, or
recommended by the Director.
(c) The PZC shall be the required reviewing body for the FDP within the BSD.
(d) The Director shall make a recommendation to the PZC for approval,
approval with conditions, or denial of the final development plan
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application under the criteria of division (F)(G)(3) of this section.
(e) The PZC shall review the FDP application and the recommendation of the
Director and render its decision based on the criteria of division (F)(4) of
this section for approval, approval with conditions, or denial. A written
record of the Commission’s decision shall be provided.
(3) Submittal Requirements. It is the intent of these regulations that a FDP shall
provide final project information that is sufficient to ensure general conformity to
an approved PDP. In cases where the applicant has been authorized to submit a
combined PDP and FDP, then the submittal shall incorporate the required
information for the PDP and as required below. Information should be sufficiently
detailed to enable the PZC to understand the existing site and the FDP for the
proposed project or a portion thereof, and to evaluate consistencyconformance
with the review criteria in division (F)(G)(3). The applicant shall submit an
application and supplemental materials as outlined in division (N)(O)(1) and
determined by the Director.
(5) Review Criteria. The PZC shall make its decision on an application for a FDP
based on each of the following criteria:
(a) The FDP shall be substantially similar to the approved PDP, and
consistent with the record established by the required reviewing body,
the associated Staff Report, and the Director’s recommendation;
(b) The proposed development is consistent with the Community Plan, BSD
Special Area Plan, BSD Design Guidelines, other adopted City plans, and
citywide administrative and financial policies;
(c) The proposed land uses conform to all applicable requirements and use
specific standards of §153.059 Uses;
(d) The proposed buildings are appropriately sited and conform to the
requirements of §153.062 Building Types and §153.065 Site Development
Standards;
(e) The proposed lots and blocks conform to the requirements of §153.060
Lots and Blocks;
(f) The proposed street types conform to the requirements and standards of
§153.061 Street Types, including the general pattern of streets, blocks,
and development reflected on the BSD Street Network Map, as amended;
(g) The proposed design of the internal circulation system, driveways, and
any connections to the public realm provide for safe and efficient access
for pedestrians, bicyclists, vehicles, and emergency services;
(h) The proposed design, architecture, and materials of buildings is
consistent with the BSD Design Guidelines, while integrating with nearby
development, and avoids overshadowing of existing or proposed
development;
(i) The proposed site design, landscaping, screening, and buffering is
consistent with the BSD Design Guidelines;
(j) The proposed open spaces are appropriately sited and designed to
conserve or enhance natural features as appropriate, enhance the
community, benefit the community both within and outside the proposed
development, and conform to the requirements of §153.064 Open
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Spaces;
(k) The scale and design of the proposed development allows for the
adequate provision of services currently furnished by or that may be
required by the City or other public agency including, but not limited to,
fire and police protection, public water and sanitary sewage services,
recreational activities, traffic control, waste management, and
administrative services;
(l) The proposed development conforms to the requirements of §153.063
Neighborhood Standards, as applicable;
(m) The proposed development provides adequate stormwater management
systems and facilities that comply with the applicable regulations of this
code and any other applicable design criteria or regulations as adopted by
the City or required by other government entities;
(n) The proposed development can be adequately serviced by existing and/or
planned public or private infrastructure consistent with the City's most
recently adopted capital improvements program;
(o) If the development is proposed to be implemented in phases, each phase
has adequate infrastructure to serve the development independently
without the need for further phased improvements; and
(p) The proposed development demonstrates consistency with the
recommendations, principles, and intent of all applicable design standards
and guidelines, including but not limited to buildings, open spaces, and
streetscapes.
(H) Amended Final Development Plan.
(1) Purpose and Applicability.
(a) The purpose of the Amended Final Development Plan (AFDP) is to remain
consistent with the FDP, all requirements of the BSD Code, Community
Plan, BSD Special Area Plan, BSD Design Guidelines, and other adopted
plans, policies, and regulations, and the review criteria.
(b) The AFDP allows the PZC to ensure that the proposed development is
compliant with the following:
1. That the street network and block framework provide a coherent
and rational development pattern;
2. That proposed street types provide for walkable urbanism;
3. That the proposed building types are appropriate to the location
and neighborhood, including assuring that the dimensions of a
parcel meet the lot size requirements for the applicable building
type;
4. That the architecture, building materials and colors, landscaping
and buffering, and site layout create a functional, aesthetically
appealing urban place;
5. That the proposed development creates the urban setting
envisioned by the applicable neighborhood standards;
6. That planned open spaces and building types within the
development are integrated in order to complement each other;
7. That the proposed development is consistent with the general
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11
development requirements of the City with respect to such
elements as infrastructure, transportation, and environmental
considerations; and
8. That the proposed development will contribute to the creation of
signature places in the City consistent with the BSD Special Area
Plan through an evaluation of long-term phasing plans,
transitional development conditions, and planned placemaking
elements.
(c) The AFDP is intended to confirm the proposed development
modifications, or phases of development modifications, are in compliance
with all applicable code requirements, and are consistent with the FDP.
(d) All modifications to existing development within the BSD District shall
require approval of an AFDP, unless otherwise eligible to be considered
under the Minor Project (MP) provisions, prior to applying for site
disturbance approval, CZPA, and/or building permits. In addition, the
following development activities shall also require an approved AFDP:
a. When modifications to an existing site involve the design or
construction of new streets, or a proposed realignment or relocation
of any street in the general pattern of street development
conceptualized by the BSD Street Network Map in §153.061 that is
required or permitted by the City;
b. When modifications to an existing site require land subdivision in
accordance with Chapter 152; or
c. When a project does not meet the criteria for a Minor Project (MP).
(e) Applications for an AFDP shall be reviewed by the PZC, whose approval
shall be binding and shall serve as the regulatory and administrative
document for zoning compliance.
(2) Review Procedures.
(a) An application for a AFDP shall be submitted in accordance with the
provisions of divisions (H)(4) and (0)(1) of this section.
(c) The PZC shall be the required reviewing body for the AFDP within the
BSD.
(d) The Director shall make a recommendation to the PZC for approval,
approval with conditions, or denial of the amended final development
plan application under the criteria of division (H)(5) of this section.
(e) The PZC shall review the AFDP application and the recommendation of
the Director and render its decision based on the criteria of division
(H)(5) of this section for approval, approval with conditions, or denial. A
written record of the Commission’s decision shall be provided.
(4) Submittal Requirements. It is the intent of these regulations that an AFDP
shall provide final information for development modifications that is sufficient to
ensure general consistency to an approved FDP. Information should be
sufficiently detailed to enable the PZC to understand the existing development
and the AFDP for the proposed project or a portion thereof, and to evaluate
conformance with the review criteria in division (H)(5). The applicant shall
submit an application and supplemental materials as outlined in division (O)(1)
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and determined by the Director.
(5) Review Criteria. The PZC shall make its decision on an application for an AFDP
based on each of the following criteria:
(a) The AFDP shall be substantially similar to the approved FDP, and
consistent with the record established by the required reviewing body,
the associated Staff Report, and the Director’s recommendation;
(b) The proposed development is consistent with the Community Plan, BSD
Special Area Plan, BSD Design Guidelines, other adopted City plans, and
citywide administrative and financial policies;
(c) The proposed land uses conform to all applicable requirements and use
specific standards of §153.059 Uses;
(d) The proposed buildings are appropriately sited and conform to the
requirements of §153.062 Building Types and §153.065 Site Development
Standards;
(e) The proposed lots and blocks conform to the requirements of §153.060
Lots and Blocks;
(f) The proposed street types conform to the requirements and standards of
§153.061 Street Types, including the general pattern of streets, blocks,
and development reflected on the BSD Street Network Map, as amended;
(g) The proposed design of the internal circulation system, driveways, and
any connections to the public realm provide for safe and efficient access
for pedestrians, bicyclists, vehicles, and emergency services;
(h) The proposed design, architecture, and materials of buildings is
consistent with the BSD Design Guidelines, while integrating with nearby
development, and avoids overshadowing of existing or proposed
development;
(i) The proposed site design, landscaping, screening, and buffering is
consistent with the BSD Design Guidelines;
(j) The proposed open spaces are appropriately sited and designed to
conserve or enhance natural features as appropriate, enhance the
community, benefit the community both within and outside the proposed
development, and conform to the requirements of §153.064 Open
Spaces;
(k) The scale and design of the proposed development allows for the
adequate provision of services currently furnished by or that may be
required by the City or other public agency including, but not limited to ,
fire and police protection, public water and sanitary sewage services,
recreational activities, traffic control, waste management, and
administrative services;
(l) The proposed development conforms to the requirements of §153.063
Neighborhood Standards, as applicable;
(m) The proposed development provides adequate stormwater management
systems and facilities that comply with the applicable regulations of this
code and any other applicable design criteria or regulations as adopted by
the City or required by other government entities;
(n) The proposed development can be adequately serviced by existing and/or
planned public or private infrastructure consistent with the City's most
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13
recently adopted capital improvements program;
(o) If the development is proposed to be implemented in phases, each phase
has adequate infrastructure to serve the development independently
without the need for further phased improvements; and
(p) The proposed development demonstrates consistency with the
recommendations, principles, and intent of all applicable design standards
and guidelines, including but not limited to buildings, open spaces, and
streetscapes.
(H)(I) Minor Project.
(1) Purpose and Applicability.
The purpose of the Minor Project (MP) is to provide an efficient review process
for smaller projects that do not have significant community effects, as defined in
(H)(I)(2).
(2) Minor Projects Defined. The following projects shall be considered eligible for
review and approval as an MP:
(a) Additions to principal structures that increase the gross floor area by not
more than 25%, or not more than 10,000 square feet gross floor area,
whichever is less, existing as of the effective date of this amendment, or
when first constructed, and associated site development requirements.
(b) Exterior modifications to principal structures involving not more than 25%
of any individual façade elevation of the structure.
(c) Signs, landscaping, parking, and other site related improvements that do
not involve construction of a new principal building. Parks, when used to
meet requirements as an open space type, as provided in §153.064, shall
require a PDP, FDP, or AFDP.
(d) Accessory structures 1,000 gross square feet or smaller and the related
accessory uses in accordance with §153.062(B)(3)(e).
(e) Modifications to existing structures in accordance with §153.062(B)(2)
that increase the gross floor area by not more than 25%, or not more
than 10,000 square feet gross floor area, whichever is less, existing as of
the effective date of this amendment and associated site development
requirements; and
(f) Parking plans when not associated with a PDP, or a FDP, or AFDP.
(3) Review Procedure.
(a) An application for a minor project MP shall be made in accordance with
the provisions of divisions (G)(I)(4) and (N)(O)(1) of this section.
(b) The ART shall be the required reviewing body for the MP.
(c) The Director shall make a recommendation to the ART for approval,
approval with conditions, or denial of the MP under the criteria of division
(G)(I)(5).
(d) The ART shall review the MP application and the Director’s
recommendation, and render its decision based on the criteria of
(G)(I)(5) of this section for approval, approval with conditions, or denial.
A written record of the ART’s decision shall be provided.
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(e) The ART may forward any MP application to the PZC for consideration. In
making such a determination, the ART shall conclude that the application
raises complex issues, including but not limited to, the need for public
infrastructure improvements and/or other neighborhood or community-
wide effects that would benefit from a public review and decision by the
PZC. These applications shall be reviewed against the criteria in (G)(I)(5)
of this section.
(f) If the application is not approved by the ART, the applicant shall be given
the opportunity to revise the application in response to the ART’s
comments and resubmit for reconsideration.
(g) Decisions of the ART are appealable to the PZC.
(4) Submittal Requirements. It is the intent of these regulations that an
application for a MP provides sufficient information to ensure general conformity
to the applicable provisions of this code. The information should be sufficiently
detailed to enable the required reviewing body to understand the existing site
and the MP request for the proposed project or a portion thereof. The applicant
shall submit an application and supplemental materials as outlined in division
(M)(1) and determined by the Director.
(5) Review Criteria. The Administrative Review Team (ART) shall make its decision
on an application for a MP based on each of the following criteria and the
recommendation of the Director:
(a) The MP shall be consistent with the Community Plan, BSD Special Area
Plan, BSD Code, BSD Design Guidelines, and adopted plans, policies, and
regulations;
(b) In cases where a MP is proposed within or as part of an approved PDP or
FDP, the MP shall be consistent with such approved PDP or FDP;
(c) The MP shall be consistent with the record established by the required
reviewing body, the associated Staff Report, and the Director’s
recommendation;
(d) The proposed land uses meet all applicable requirements and use specific
standards of §153.059 Uses; and
(e) The proposed site improvements, landscaping, screening, and buffering
shall meet all applicable requirements of the BSD Code and respond to
the standards of the BSD Design Guidelines.
(I) (J) Administrative Departures.
(1) Purpose and Applicability.
(a) The intent of the Administrative Departure (AD) is to provide an efficient
process to allow minor deviations from the strict application of the BSD
requirements caused by unusual site or development conditions or
conditions unique to a particular use or other similar conditions that
require reasonable adjustments, but remain consistent with the intent of
this Chapter.
(b) The AD shall not convey special rights or other approvals that would not
otherwise result from a decision under this code.
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(2) Administrative Departure Defined. An AD shall be limited to any
modification of no greater than 10% to a numeric zoning standard related to
building dimensions, lot dimensions or coverage, open space, landscaping,
parking, fencing, walls, screening, or exterior lighting.
(3) Review Procedure.
(a) An application for an AD shall be made in accordance with the provisions
of divisions (H)(I)(4) and (N)(O)(1) of this section.
(b) The ART shall be the required reviewing body for administrative
departures unless requested in conjunction with an application under the
purview of PZC.
(c) A request for an AD may be submitted with an application for a PDP,
FDP, AFDP, MP, or at any other time as may be necessary.
(d) A request for an AD may be processed simultaneously with a PDP, FDP,
AFDP or MP to which it relates.
(e) The Director shall make a recommendation to the ART for approval,
approval with conditions, or denial of the AD under the criteria of division
(H)(I)(5).
(f) The ART shall determine whether each requested AD is approved,
approved with conditions, or denied. A written record of the ART’s
decision will be provided. Decisions relative to an approved PDP, FDP, or
AFDP shall be reported to the PZC.
(c) Should the ART find that the request does not meet the criteria for an
AD, the applicant may request a Waiver under the provisions of division
(I)(J) of this section or submit with a new application for a PDP, FDP,
AFDP, or MP, as applicable, under the purview of the PZC.
(d) Decisions may be appealed to the PZC or CC, as applicable.
(4) Submittal Requirements. It is the intent of these regulations that an
application for an AD provides sufficient information to evaluate whether the
request should be granted under divisions (H)(I)(2) and (H)(I)(5). The
information should be sufficiently detailed to enable the required reviewing body
to understand the existing site, proposed AD, and the related PDP, FDP or MP for
the proposed project or a portion thereof. The applicant shall submit an
application and supplemental materials as outlined in division (N)(O)(1) and
determined by the Director.
(5) Review Criteria. The ART or PZC shall make its decision on the requested AD
based on the following criteria:
(a) The need for the AD is caused by unique site conditions, conditions on
surrounding properties, and/or otherwise complies with the spirit and
intent of the Community Plan, BSD Special Area Plan, BSD Design
Guidelines, other adopted City plans and policies, and all applicable
requirements within §§153.057 through 153.066;
(b) The AD is not being requested simply to reduce cost or as a matter of
general convenience;
(c) The AD does not have the effect of authorizing any use, sign, building
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type, or open space type that is not otherwise permitted in the BSD
district; and
(d) The AD, if approved, does not adversely impact the pedestrian
experience.
(e) The AD, if approved, will ensure that the development is of equal or
greater development quality with respect to design, material, and other
development features than without the AD.
(J) (K) Waiver.
(1) Purpose and Applicability. Under the provisions of this section, Waivers are a
process to allow deviations from specific code requirements that may only be
granted by the PZC.
(2) Waivers Defined. A Waiver is defined as a request for a deviation from a
requirements of §§ 153.059 through 153.065, which do not otherwise qualify for
an AD under the provisions of division (H)(I) of this section.
(3) Review Procedure.
(a) An application for a Waiver shall be made in accordance with the
provisions of divisions (I)(J)(4) and (N)(O)(1) of this section.
(b) The PZC shall be the required reviewing body for Waivers. In cases where
a Waiver is submitted with a Minor Project (MP), the PZC shall be the
required reviewing body for both the Waiver and the MP.
(c) The Waiver may be submitted with any application for a PDP or FDP.
(d) The Director shall make a recommendation to the PZC for approval,
approval with conditions, or denial of the Waiver under the criteria of
division (I)(J)(5). Additional Waivers determined by the Director during
his/her review, may be included for review by the PZC.
(e) The PZC shall review the requested Waiver using the criteria of division
(5) of this section. Should other Waivers be necessary to resolve conflicts
with other requirements of this Chapter resulting from the requested
Waiver, those Waivers shall also be reviewed by PZC.
(f) The PZC shall approve, approve with conditions, or deny the Waiver
request. A written record of the PZC decision will be provided.
(4) Submittal Requirements. It is the intent of these regulations that an
application for a Waiver provides sufficient information to evaluate whether the
Waiver should be granted under divisions (I)(J)(2) and (I)(J)(5). The information
should be sufficiently detailed to enable the PZC to understand the existing site,
proposed PDP, FDP, or MP as noted in (J)(K)(3)(b), and the related Waiver
request for the proposed project or a portion thereof. The applicant shall submit
an application and supplemental materials as outlined (N)(O)(1) and determined
by the Director.
(5) Review Criteria. The PZC shall make its decision on an application for a
proposed Waiver based on all of the following criteria:
(a) The need for the Waiver is caused by unique site conditions, the use of or
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conditions on the property or surrounding properties, or other
circumstance outside the control of the owner/lessee, including
easements and rights-of-way;
(b) The Waiver, if approved, will generally meet the spirit and intent of the
Community Plan, BSD Special Area Plan BSD Design Guidelines, other
adopted City plans and policies, and all applicable requirements in
§§153.057 through 153.066;
(c) The Waiver is not being requested solely to reduce cost or as a matter of
general convenience;
(d) The Waiver, if approved, will ensure that the development is of equal or
greater development quality with respect to design, material, and other
similar development features than without the Waiver;
(e) The requested Waiver is better addressed through the Waiver rather than
an amendment to the requirements of this Chapter; and
(f) The Waiver does not have the effect of authorizing any use or open
space type that is not otherwise permitted in that BSD district.
(K) (L) Master Sign Plan.
(1) Purpose and Applicability.
(a) The purpose of the Master Sign Plan (MSP) is to define the scope,
character, and aesthetic quality of signs and sign regulations for an
individual tenant, multi-tenant building, or multi-building development;
while allowing an additional degree of flexibility and creativity in sign
design and display.
(b) The MSP review is intended to confirm the proposed sign design or
comprehensive sign plan is consistent with the development context,
architectural character, and the BSD Design Guidelines. MSPs are not
intended to permit larger or more visible signs, and are not intended to
permit a greater number of signs without consideration of the BSD
Design Guidelines.
(c) The MSP allows the PZC the means to evaluate the proposal for its
consistency with §153.057 through §153.066, the Community Plan, BSD
Special Area Plan, BSD Design Guidelines, and other adopted City plans,
and the review criteria, and to consider the proposal within the context of
existing and planned development within the vicinity of the project
boundary.
(2) Review Procedure.
(a) An application for a MSP shall be submitted in accordance with the
provisions of divisions (J)(L)(3) and (N)(O)(1) of this Chapter.
(b) The PZC shall be the required reviewing body for MSPs in the BSD.
(c) The Director shall make a recommendation to the PZC for approval,
approval with conditions, or denial of the MSP application under the
criteria of division (J)(L)(4) of this section. The Director’s
recommendation shall be provided prior to the respective public hearing.
(d) The PZC shall review the MSP application and the recommendation of the
Director, and render its decision based on the criteria of division (J)(L)(4)
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for approval, approval with conditions, or denial. A written record of the
Commission’s decision shall be provided.
(d) The applicant may request additional review meetings with the PZC.
(3) Submittal Requirements. It is the intent of these regulations that the MSP
shall indicate general information, sign design standards, and the area of
applicability. Information submitted should be comprehensive enough to enable
the PZC to understand the existing site and design concept for the proposed
MSP. The applicant shall submit an application and supplemental materials as
outlined in division (N)(O)(1) and determined by the Director.
(4) Review Criteria. The PZC shall render its feedback on an application for a MSP
based on each of the following criteria and the recommendation of the Director.
(a) The MSP is consistent with the Community Plan, BSD Special Area Plan,
BSD Design Guidelines, and other adopted City plans and policies;
(b) The proposed signs are appropriately sited and scaled to create a
cohesive character that complements the surrounding environment and
meets the intent of the architectural requirements of §153.062 Building
Types;
(c) The proposed signs are not in conflict with public streets, open spaces,
utilities, or rights-of-way, and do not impede the continued provision of
services required by the City or other public agency; and
(d) The MSP responds to the requirements of §153.063 Neighborhood
Standards, as applicable.
(L) (M) Administrative Approval.
(1) Purpose and Applicability.
(a) The Director may authorize an Administrative Approval (AA) to an
approved FDP, AFDP, or MP that is required to correct any undetected
errors or omissions, address conditions discovered during the permitting
process or construction, or that is necessary to ensure orderly and
efficient development.
(b) Any approved AA must be consistent with the intent of the related
approved FDP, AFDP, or MP.
(c) The Director may also authorize an AA to existing structures and
associated site improvements that are necessary to complete ordinary
maintenance, refurbishment or Zoning Code compliance.
(2) Administrative Approval Defined. The following are considered AA’s:
(a) Adjustments to lot lines;
(b) Adjustments to the location and layout of parking lots;
(c) Adjustments of up to 10% in total building floor area or floor plan;
(d) Adjustments to building height up to 10% for no more than 10% of the
floorplate of the highest occupied floor when necessary to accommodate
building equipment or features required to comply with building code;
(e) Substitution of landscaping materials specified in the landscape plan;
(f) Redesigning and/or relocating stormwater management facilities;
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(g) Relocating fencing, walls or screening (not including screening walls);
(h) Modifications to sign location, sign face, landscaping and lighting,;
(i) Changes in building material or color;
(j) Changes required by outside agencies such as the county, state, or
federal departments; and/or
(k) Other modifications deemed appropriate by the Director that do not alter
the basic design or any specific conditions imposed as part of the original
approval.
(3) Review Procedure.
(a) An application for an AA shall be made in accordance with the provisions
of divisions (K)(M)(4) and (N)(O)(1) of this section.
(b) The Director shall be the required reviewing body for applications for an
AA.
(c) The Director shall review the request after receiving a complete
application and make a decision to approve, approve with conditions, or
deny an AA application under the criteria of division (K)(M)(5) of this
section. The Director’s decision shall be provided to the applicant in
writing.
(d) The Director may forward any AA application to the PZC for
consideration. In making such a determination, the Director shall
conclude that the application raises complex issues, including that the
proposal is of such magnitude that it has a detrimental effect on the
approved development or there are neighborhood or community-wide
effects that may result if the proposal is approved, that would benefit
from a public review and decision by the PZC.
(e) If denied, or approved with conditions, the applicant shall be given the
opportunity to revise the request in response to the Director's comments
and resubmit for further consideration.
(f) Requests not meeting the requirements for an AA shall require the filing
and approval of a new application for a FDP, AFDP, MP or other
application as applicable, in accordance with this section.
(g) Decisions may be appealed to PZC.
(4) Submittal Requirements. It is the intent of these regulations that an
application for an AA provides sufficient information to ensure general conformity
to the applicable provisions of this code and the approved FDP , AFDP, or MP,
and to evaluate whether the AA should be granted under division (K)(M)(2) and
(K)(M)(5). The information should be sufficiently detailed to enable the Director
to understand the existing site and the AA request for the proposed project or a
portion thereof. The applicant shall submit an application and supplemental
materials as outlined (N)(O)(1) and determined by the Director.
(5) Review Criteria. The Director shall make his or her decision on an application
for a proposed AA based on all of the following criteria:
(a) Adjustments to lot lines do not create additional lots, required setbacks
and/or RBZs are maintained, and the boundaries to any approved PDP,
FDP, AFDP, or MP are not altered;
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(b) Adjustments to the location and layout of parking lots maintain the
perimeter setbacks, yards, buffers, and required parking;
(c) Adjustments for buildings do not alter the character or the use of the
originally approved building, building height(s), or floor plans except as
provided for in division (K)(M)(2);
(d) Substitution of landscaping materials shall be of an equal or greater size
and quality as the approved materials;
(e) Redesigned and/or relocated stormwater management facilities shall
maintain the approved general character of said facilities and the
approved stormwater capacities;
(f) Relocating fencing, walls, or screening (not including screening walls)
shall maintain the same level and quality of materials and screening;
(g) Modifications to sign location, sign face, and related landscaping and
lighting, shall maintain the approved general sign design, number of
signs, and dimensional requirements;
(h) Changes in building material shall be similar to and have the same
general appearance comparable to previously approved material; such
changes shall be of equal or higher quality than the previously approved
material;
(i) Changes in color shall be complimentary to the architectural design and
character of the building;
(j) The modification is not being requested solely to reduce cost or as a
matter of general convenience; and
(k) The requested modification would be better addressed through the
modification rather than an amendment to the requirements of this
Chapter or to the approved FDP, AFDP, or MP.
(M) (N) Other Applicable Approvals.
(1) Open Space Fee in Lieu. After a recommendation from the Director in
consultation with the Director of Parks and Recreation, the PZC shall determine
whether a request for a payment of a fee in lieu of open space dedication may
be approved, as provided in §153.064(D) and (E).
(2) Conditional Uses. The Conditional Use approval procedures in §153.236 shall
apply in the BSD districts. The PZC is the required reviewing body for Conditional
Use applications.
(3) Zoning Map or Text Amendment. The amendment procedures of §153.234
shall apply in the BSD districts. In addition, a recommendation from the Director
shall be submitted for consideration by the PZC and City Council.
(4) Preliminary and Final Plats. Reviews of Preliminary and Final Plats shall be
governed by Chapter 152 of the Dublin Code of Ordinances.
(5) Special Permit. The Special Permit procedures in §153.231(G) shall apply in
the BSD districts.
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(6) Zoning Variance. The Zoning Variance procedures in §153.231(H) shall apply
in the BSD districts. In addition, a recommendation from the Director shall be
submitted for consideration by the Board of Zoning Appeals, and for City Council
in the instance of a use variance.
(7) Public Tree Permit. The Tree Permit requirements of §153.134(G) shall apply
in the BSD districts.
(8) Parking Plan. The Parking Plan requirements of §153.065(B) shall apply in the
BSD districts, and shall be subject to Minor Project (MP) provisions as provided
for in division (I)(2)(f) unless otherwise associated with a PDP, FDP, or AFDP.
(N) (O) General Provisions.
(1) Applications.
(a) Each application required by this section shall be made in writing on a
form provided by the City and shall be accompanied by the fee as
established by City Council.
(b) Applications shall include all information required by the City, unless
deemed unnecessary by the Director based on the nature and scale of
the proposed development. No application shall be accepted and
processed by the City until it is deemed complete by the Director. If
found to be incomplete, the Director shall inform the applicant of any
additional materials required to certify that the application is complete.
(c) After acceptance of a complete application, the Director and/or required
reviewing body may request additional materials if deemed necessary to
evaluate the proposal.
(d) No application for a FDP that has been denied by the PZC shall be
resubmitted for a period of one year from the date of the decision, unless
permitted by the Director after a demonstration by the applicant of a
change of circumstances from the previous application that may
reasonably result in a different decision.
(e) The Director may approve the simultaneous review of applications
required by this Chapter and/or a subdivision plat required by the Code, if
the Director determines that simultaneous review will not adversely
impact the achievement of the purpose and intent of this Chapter. The
provisions of §153.066(F)(2)(b) and (G)(2)(b) govern relative to the filing
of a combined PDP and FDP.
(f) Where public reviews are required by this Chapter, a written notice of the
public meeting shall be sent, not less than ten days prior to the meeting,
to the applicant, property owner, and owners of parcels of land within
300 feet of the subject parcel(s), as listed on the County Auditor's current
tax list. The notice shall, at a minimum, indicate the property that is the
subject of the request, describe the nature of the request, the time, date
and location of the meeting at which the application will be considered,
and indicate when and where written comments will be received
concerning the request.
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(2) Decisions.
(a) Any application required to be reviewed under this section shall be
approved, approved with conditions, or denied by the required reviewing
body based on the applicable review criteria as provided in this section
and other applicable provisions of this Chapter. The recommending body
and required reviewing body shall state the reasons for their decisions in
the minutes and provide a written record of the decision.
(b) Prior to reaching a decision, if the required reviewing body determines
that an application does not meet the applicable review criteria as
provided in this section and other applicable provisions of this Chapter,
but determines that the application could meet those criteria with
modifications that could not be reasonably conditioned, the applicant may
request that the decision on the application be postponed to provide the
opportunity to make those modifications.
(c) Following the approval of a FDP or MP, the applicant may proceed with
the process for obtaining a Certificate of Zoning Plan Approval (CZPA)
and Building Permit (BP), consistent with the approval as granted. All
construction and development under any BP shall comply with the
approved FDP and MP, and any other approval, as applicable.
(3) Certificate of Zoning Plan Approval. A CZPA issued by the Director verifying
compliance with all applicable zoning requirements is required prior to
modification, extension, or alteration of sites and structures, and/or change of
use in BSD.
(4) Code Administration. The PZC may evaluate and monitor the application of
the requirements and standards of §153.057 through §153.066 by the Director.
The PZC may advise the Director as to whether it finds that the requirements or
standards (including requests for an AA) are being applied correctly, and
recommend to City Council any changes needed in the BSD district standards
and requirements to better implement the Community Plan, BSD Special Area
Plan, BSD Design Guidelines, and other related policy and regulatory documents
adopted by the City.
(5) Duration of Approvals.
(a) Because the review of an Informal application is non-binding on the City
and does not result in a decision by the PZC, the comments made during
the Informal application review do not expire. However, if the applicant
makes any material change in the Informal application following the
review, the applicant should not assume that the previous Informal
review comments remain applicable to the revised application.
(b) An approved CP shall be valid for a period of no more than one year. If
an application has not been filed for a PDP for at least a portion of the
site within that one-year period, then the CP shall no longer be valid. A
new CP application shall be required in accordance with the requirements
of this Chapter.
(c) An approved PDP shall be valid for a period of no more than two years. If
a FDP application for at least a portion of the site has not been filed
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within that two-year period, then the PDP shall no longer be valid. A new
PDP application shall be required in accordance with this Chapter.
(d) An approved FDP shall be valid for a period of no more than two years. If
a Building Permit and/or CZPA has not been filed for at least a portion of
the project within the two-year period, the FDP shall no longer be valid. A
new FDP application shall be required in accordance with this Chapter.
(e) An approved MP shall be valid for a period of no more than two years. If
a Building Permit and/or CZPA for at least one portion of the site has not
been filed within that two-year period, then the MP shall no longer be
valid. A new MP application shall be required in accordance with this
Chapter.
(f) Abandonment.
1. Once a final approval is granted by the required reviewing body, if
the Director of Building Standards determines that work has been
abandoned for a continuous period of six months, the approval
shall lapse and cease to be in effect.
2. The Director of Building Standards shall make the determination
of abandonment based on the presence of one or more of the
following conditions:
a. Removal of construction equipment or supplies;
b. Expiration of an active building permit issued by the City;
c. Evidence of a failure to maintain the property, such as
overgrown weeds, failure to secure buildings, broken
windows, or other evidence of lack of maintenance;
d. Other actions documented by the Director of Building
Standards and/or Director evidencing an intent to abandon
the construction of the project.
3. Once the Director of Building Standards makes a determination of
abandonment, if a new BSD application is not submitted within 90
days from the date of the determination, the owner shall restore
the site to its previous condition, and/or remove any structures or
other evidence of work on the site, within 180 days from the date
of the determination of abandonment. If the owner fails to
restore the site to its previous condition within 180 days, the City
may take any and all actions necessary to restore the site to its
previous condition, including removing any structures or other
evidence of work, and the costs of removal shall be assessed
against the property.
(6) Single-Family Detached Home. A single-family detached home and additions
thereto are not subject to the submittal of a CP, PDP, nor FDP. A single-family
home and additions there to shall submit a Building Permit as required by code
and issuance of a CZPA as provided for in §153.233. Any proposed modifications
to zoning standards of the BSD Code associated with a proposed single-family
home and any additions thereto shall be subject to review and approval of a
Waiver, AA, and/or AD provided for in this Chapter. A single-family home is not
subject to MP provisions of this Chapter.
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(Ord. 07-12, passed 3-26-12; Am. Ord. 84-13, passed 11-4-13; Am. Ord. 114- 14, passed 12-8-
14; Am. Ord. 09-19, passed 4-2-19; Ord. 03-21, passed X-X-XX)
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153.066 REVIEW AND APPROVAL PROCEDURES AND CRITERIA
(A) Intent. The intent of this section is to provide an efficient and predictable review
process for rezoning and/or development applications within the Bridge Street District
(BSD) zoning districts and to enhance Dublin's reputation for exceptional, carefully
considered design and high quality development consistent with the Vision Principles
and direction articulated in the BSD Special Area Plan in the Community Plan. The
review and approval procedures and criteria help ensure that new development and
redevelopment is served by adequate and efficient infrastructure so as not to burden the
fiscal resources of the City, and to protect the health, safety, and general welfare of
residents, occupants, and users of property in the BSD districts and surrounding areas of
the City.
(B) Required Approvals.
(1) Summary. This section outlines the requirements and procedures for
development review specifically within the BSD districts. The review procedures
of this section shall be used for all development applications in a BSD district.
Table 153.066-A, Summary Procedure Table, describes the review procedures
applicable in all BSD districts.
(2) Abbreviations. The following abbreviations and terms are used in this section:
ART: Administrative Review Team
BZA: Board of Zoning Appeals
CC or Council: City Council
PD or Director: Planning Director
PZC or Commission: Planning and Zoning Commission
TABLE 153.066-A: SUMMARY PROCEDURE TABLE
R = Recommendation D = Decision A = Administrative Appeal RF = Review & Feedback
Type of Application PD ART BZA PZC Council Zoning Code Reference
Zoning Code Approvals
Zoning Map or Text Amendment R R D § 153.234
Conditional Use R D § 153.236
Special Permit R D § 153.231(G)
Use Variance R R D § 153.231(H)(3)
Non-Use (Area) Variance R D § 153.231(H)(2)
Other Approvals
Building Code Appeal D § 153.231(I)
Bridge Street District Applications
Pre-Application RF §153.066(C)
Informal RF RF §153.066(D)
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Concept Plan R D §153.066(E)
Concept Plan with a Development Agreement R R D §153.066(E)
Preliminary Development Plan R D §153.066(F)
Final Development Plan R D §153.066(G)
Amended Final Development Plan R D §153.066(H)
Minor Project R D A §153.066(I)
Administrative Departure R D A §153.066(J)
Waivers R D §153.066(K)
Master Sign Plan R D §153.065(H)(2)(e)/ §153.066(L)
and(M)(8)
Parking Plans R D §153.066(N)(8)/§153.065(B)
Administrative Approval D A §153.066(M)
Open Space Fee in Lieu R D §153.066(N)(1)/§154.064(D)(E)
Certificate of Zoning Plan Approval D §153.233/§153.066(O)(3)
(C) Pre-Application.
(1) Purpose and Applicability.
(a) The purpose of the Pre-Application submittal is to provide a potential
applicant with a non-binding review of a development proposal and to
provide information on the procedures and policies of the City, including
application review procedures.
(b) Pre-Application reviews do not result in a development decision or permit,
and shall not obligate the City or the developer to take any action on the
proposal.
(2) Review Procedure.
(a) A request for a pre-application review shall be made in accordance with
the provisions of division (O)(1) of this section.
(b) Requests shall be submitted to the Director, who shall be responsible for
circulating any submittal material to the applicable departments for input
(c) The Director and staff shall use reasonable efforts to conduct an
expeditious review of the submitted materials and provide non-binding
input and recommendations.
(d) The Director may schedule a meeting with the potential applicant to
discuss the request or may provide a written summary of the staff review.
(e) Additional staff reviews of the pre-application submittal may be requested
by the applicant prior to filing a formal application.
(f) Any and all written summaries of the pre-application review shall be
forwarded to the required reviewing body with a formal.
(D) Informal. Prior to submittal of an application for a Concept Plan (CP), an applicant may
submit an Informal application for review of a development concept with the PZC. Such
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submittal shall include a completed application form and supporting material sufficient to
describe the development concept. The review of the informal submittal shall be non -
binding upon the PZC and the applicant, however, it is intended to provide feedback by
the PZC that should inform the preparation and subsequent review of the CP. The
Planning Director shall prepare a brief analysis and comments that will be submitted to
the PZC with the application.
(E) Concept Plan.
(1) Purpose and Applicability.
(a) The purpose of the Concept Plan (CP) is to provide a general outline of
the scope, character, and nature of the proposed development that is
consistent with the policy direction of the Community Plan and the BSD
Special Area Plan, the requirements of the BSD Code, other related policy
and regulatory documents, and the review criteria, and to consider the
proposal within the context of existing and planned development within
the vicinity of the project.
(b) The CP allows the required reviewing body the means to ensure that the
proposed concept is consistent with the following:
1. That the proposed land uses are consistent with Community Plan,
BSD Special Area Plan, and BSD Code;
2. That the proposed block framework and street network are
generally compatible with the adopted plans, lead to the creation
of a walkable, urban place;
3. That the proposed development concept generally fulfills the
intent of the BSD Special Area Plan; and
4. That the proposed development concept has the potential to
create a walkable, urban place.
(c) The CP review provides an opportunity for public input at an early stage
of the development process.
(d) The CP review is intended to provide clear direction to the applicant by
the required reviewing body resulting from its review and approval of the
application.
(e) If the CP is approved by the required reviewing body it shall serve as a
basis for preparation by the applicant of the Preliminary Development
Plan (PDP) for the proposed development.
(f) For projects that will propose a development agreement due to the need
for development timeframe, public infrastructure, public and private
contributions, development restrictions, or other related items, City
Council shall serve as the required reviewing body for the CP. In those
cases, the Director and the Planning and Zoning Commission shall each
review the CP and provide a recommendation to Council to approve,
approve with conditions, or disapprove the CP.
(2) Review Procedure.
(a) The CP is a mandatory step in the development review and approval
process for the BSD.
(b) An application for a CP shall be made in accordance with the provisions of
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divisions (E)(3) and (O)(1) of this Chapter.
(c) The PZC shall be the required reviewing body for the CP in the BSD,
unless a development agreement is proposed in conjunction with a
proposed project, then City Council shall be the required reviewing body
for the CP.
(d) The Director shall make a recommendation to the PZC for approval,
approval with conditions, or denial of the CP application under the criteria
of division (E)(4) of this section.
(e) The PZC shall review the CP application, the minutes of the PZC meeting
if an informal review was requested by the applicant, the Director’s
recommendation, and render its decision based on the criteria of division
(D)(4). In the instance the PZC is the required reviewing body, the
Commission will render a decision for approval, approval with conditions,
or denial and written record of the Commission’s decision shall be
provided.
(f) In the instance of a CP associated with a proposed development
agreement, the Commission will make a recommendation of approval,
approval with conditions, or denial to City Council.
(g) City Council shall review the CP application and the recommendations of
PZC and the Director, and render its decision based on the criteria of
division (E)(4) of approval, approval with conditions, or denial.
(3) Submittal Requirements. It is the intent of these regulations that the CP shall
indicate overall design of the proposed project. Information submitted should be
comprehensive enough to enable the required reviewing body to understand the
existing site and concept for the proposed development, and to evaluate
consistency with the review criteria in division (E)(4). The applicant shall submit
an application and supplemental materials as outlined in division (O)(1) and
determined by the Director.
(4) Review Criteria. The required reviewing body shall make its decision on an
application for a CP based on each of the following criteria and may consider the
recommendation of the Director and, if City Council is the required reviewing
body, the recommendation of the PZC. For applications associated with a
development agreement, the PZC shall apply these criteria in the formulation of
its recommendation to City Council.
(a) The CP is consistent with the applicable policy guidance of the
Community Plan, the BSD Special Area Plan, and other applicable City
plans, and citywide administrative and financial policies;
(b) The CP conforms to the applicable requirements of the BSD Code;
(c) The illustrative lots and blocks, supporting street and pedestrian network,
and internal circulation provide a coherent development pattern that
conforms to the requirements of §§153.060 Lots and Blocks, 153.061
Street Types, and 153.065 Site Development Standards, and the
conceptual locations of access points to surrounding streets will avoid
adverse impacts on surrounding neighborhoods and traffic infrastructure;
(d) The proposed land uses allow for appropriate integration into the
community, consistent with adopted plans, and align with the
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requirements of §153.059 Uses;
(e) The conceptual buildings are appropriately sited and scaled to create a
cohesive development character that complements the surrounding
environment, and conforms to the architectural requirements of §153.062
Building Types;
(f) The conceptual design of open spaces, including location and relationship
to surrounding buildings, provides for meaningful public gathering spaces
that benefit the community both within and outside the proposed
development;
(g) The CP allows for the connection and or expansion of public or private
infrastructure and the continued provision of services required by the City
or other public agency; and
(h) The development concept conforms to the requirements of §153.063
Neighborhood Standards, as applicable.
(F) Preliminary Development Plan.
(1) Purpose and Applicability.
(a) The purpose of the Preliminary Development Plan (PDP) is to establish a
framework for the proposed development that is consistent with the
requirements of the Community Plan, BSD Special Area Plan, BSD Code,
BSD Design Guidelines, other adopted plans, policies, and regulations,
and the review criteria.
(b) The PDP allows the PZC to ensure that the proposed development is
consistent with the following:
1. That the street network and block framework provide a coherent
and rational development pattern;
2. That the proposed street types provide for walkable urbanism;
3. That the proposed building types are appropriate to the location
and surrounding neighborhood;
4. That the proposed development creates the urban setting
envisioned by the applicable neighborhood standards;
5. That planned open spaces and building types within the
development are integrated in order to complement each other;
6. That the proposed development is consistent with the general
development requirements of the City with respect to such
elements as infrastructure, transportation, and environmental
considerations; and
7. That the proposed development will contribute to the creation of
signature places in the City consistent with the BSD Special Area
Plan through an evaluation of long-term phasing plans,
transitional development conditions, and planned placemaking
elements.
(c) The PDP is intended to establish the direction of the proposed
development based on all applicable code requirements and shall refine
the approved CP.
(d) If a PDP is approved by the PZC, such action shall be binding and shall
serve as the basis for submittal of the Final Development Plan (FDP) for
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the proposed development or phases thereof.
(2) Review Procedure.
(a) An application for a PDP may not be submitted prior to the review and
approval of a CP.
(b) The PDP is a mandatory submittal requirement prior to filing a FDP.
However, the PDP may be combined with the FDP at the request of the
applicant, by motion of the PZC following its approval of the CP, or if
recommended by the Director and agreed by the applicant.
(c) An application for PDP shall be submitted in accordance with the
provisions of divisions (F)(3) and (O)(1) of this section.
(d) The PZC shall be the required reviewing body for the PDP within the
Bridge Street District.
(e) The Director shall make a recommendation for approval, approval with
conditions, or denial of the PDP application under the criteria of division
(F)(3) of this section.
(f) The PZC shall review the PDP application and the recommendation of the
Director and render its decision based on the criteria of division (F)(3) of
this section for approval, approval with conditions, or denial. A written
record of the Commission’s decision shall be provided to the applicant.
(3) Submittal Requirements. It is the intent of these regulations that a PDP shall
provide information that is sufficient to ensure general conformity with the
regulations and that can serve as a basis for the future consideration of a FDP.
Information submitted should be sufficiently detailed to enable the PZC to
understand the existing site and the PDP for the proposed development, and to
evaluate consistency with the review criteria in division (F)(3). The applicant shall
submit an application and supplemental materials as outlined in division (O)(1)
and determined by the Director.
(4) Review Criteria. The PZC shall make its decision on an application for a PDP
based on each of the following criteria:
(a) The PDP shall be consistent with the approved CP, the record established
by the required reviewing body, the associated Staff Report, and the
Director’s recommendation;
(b) The development is consistent with the Community Plan, BSD Special
Area Plan, BSD Design Guidelines, other adopted City plans, and related
policies;
(c) The proposed land uses align with all applicable requirements and use
specific standards of §153.059 Uses;
(d) The proposed buildings are appropriately sited and scaled to create a
cohesive development character that complements the surrounding
environment, and conforms to the requirements of §§153.062 Building
Types and 153.065 Site Development Standards;
(e) The proposed lots and blocks conform to the requirements of §153.060
Lots and Blocks;
(f) The proposed street types conform to the requirements and standards of
§153.061 Street Types, including the general pattern of streets, blocks,
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and development reflected on the BSD Street Network Map and the
conceptual locations of access points to surrounding streets to avoid
adverse impacts on surrounding neighborhoods and traffic infrastructure;
(g) The proposed design of the internal circulation system, driveways, and
any connections to the public realm provide for safe and efficient access
for pedestrians, bicyclists, vehicles, and emergency services;
(h) The proposed design of buildings conforms to the BSD Code and is
consistent with the BSD Design Guidelines, while integrating with nearby
development;
(i) The proposed open spaces are appropriately sited and designed to
conserve or enhance natural features as appropriate, enhance the
community both within and outside the proposed development, and
conform to the requirements of §153.064 Open Spaces;
(j) The scale and design of the proposed development allows for the
adequate provision of services currently furnished by or that may be
required by the City or other public agency including, but not limited to,
fire and police protection, public water and sanitary sewage services,
recreational activities, traffic control, waste management, and
administrative services;
(k) The proposed development conforms to the requirements of §153.063
Neighborhood Standards, as applicable;
(l) The proposed development provides adequate stormwater management
systems and facilities that comply with the applicable regulations of this
code and any other applicable design criteria or regulations as adopted by
the City or required by other government entities;
(m) The proposed development can be adequately serviced by existing and/or
planned public or private infrastructure consistent with the City's most
recently adopted capital improvements program;
(n) If the development is to be implemented in phases, each phase has
adequate infrastructure to serve the development independently without
the need for further phased improvements; and
(o) The proposed development demonstrates consistency with the
recommendations, principles, and intent of all applicable design standards
and guidelines, including but not limited to buildings, open spaces, and
streetscapes.
(G) Final Development Plan.
(1) Purpose and Applicability.
(a) The purpose of the Final Development Plan (FDP) is to confirm
compliance with the PDP, all requirements of the BSD Code, Community
Plan, BSD Special Area Plan, BSD Design Guidelines, and other adopted
plans, policies, and regulations, and the review criteria.
(b) The FDP allows the PZC to ensure that the proposed development is
compliant with the following:
1. That the street network and block framework provide a coherent
and rational development pattern;
2. That proposed street types provide for walkable urbanism;
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3. That the proposed building types are appropriate to the location
and neighborhood, including assuring that the dimensions of a
parcel meet the lot size requirements for the applicable building
type;
4. That the architecture, building materials and colors, landscaping
and buffering, and site layout create a functional, aesthetically
appealing urban place;
5. That the proposed development creates the urban setting
envisioned by the applicable neighborhood standards;
6. That planned open spaces and building types within the
development are integrated in order to complement each other;
7. That the proposed development is consistent with the general
development requirements of the City with respect to such
elements as infrastructure, transportation, and environmental
considerations; and
8. That the proposed development will contribute to the creation of
signature places in the City consistent with the BSD Special Area
Plan through an evaluation of long-term phasing plans,
transitional development conditions, and planned placemaking
elements.
(c) The FDP is intended to verify the proposed development, or phases of
development, is in compliance with all applicable code requirements, and
is consistent with the PDP.
(d) All development within the BSD District shall require an approved FDP
prior to applying for site disturbance approval, CZPA, and/or building
permits. In addition, the following development activities shall also
require an approved FDP:
a. When a project involves the design or construction of new streets, or
a proposed realignment or relocation of any street in the general
pattern of street development conceptualized by the BSD Street
Network Map in §153.061 that is required or permitted by the City;
b. When a project requires land subdivision in accordance with Chapter
152; or
c. When a project does not meet the criteria for a Minor Project (MP).
(e) Applications for a FDP shall be reviewed by the PZC, whose approval shall
be binding and shall serve as the regulatory and administrative document
for zoning compliance.
(2) Review Procedures.
(a) An application for a FDP shall be submitted in accordance with the
provisions of divisions (G)(3) and (O)(1) of this section.
(b) The PDP may be combined with the FDP at the request of the applicant,
by motion of the PZC at the time of CP review and approval, or
recommended by the Director.
(c) The PZC shall be the required reviewing body for the FDP within the BSD.
(d) The Director shall make a recommendation to the PZC for approval,
approval with conditions, or denial of the final development plan
application under the criteria of division (G)(3) of this section.
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(e) The PZC shall review the FDP application and the recommendation of the
Director and render its decision based on the criteria of division (F)(4) of
this section for approval, approval with conditions, or denial. A written
record of the Commission’s decision shall be provided.
(3) Submittal Requirements. It is the intent of these regulations that a FDP shall
provide final project information that is sufficient to ensure general conformity to
an approved PDP. In cases where the applicant has been authorized to submit a
combined PDP and FDP, then the submittal shall incorporate the required
information for the PDP and as required below. Information should be sufficiently
detailed to enable the PZC to understand the existing site and the FDP for the
proposed project or a portion thereof, and to evaluate conformance with the
review criteria in division (G)(3). The applicant shall submit an application and
supplemental materials as outlined in division (O)(1) and determined by the
Director.
(5) Review Criteria. The PZC shall make its decision on an application for a FDP
based on each of the following criteria:
(a) The FDP shall be substantially similar to the approved PDP, and
consistent with the record established by the required reviewing body,
the associated Staff Report, and the Director’s recommendation;
(b) The proposed development is consistent with the Community Plan, BSD
Special Area Plan, BSD Design Guidelines, other adopted City plans, and
citywide administrative and financial policies;
(c) The proposed land uses conform to all applicable requirements and use
specific standards of §153.059 Uses;
(d) The proposed buildings are appropriately sited and conform to the
requirements of §153.062 Building Types and §153.065 Site Development
Standards;
(e) The proposed lots and blocks conform to the requirements of §153.060
Lots and Blocks;
(f) The proposed street types conform to the requirements and standards of
§153.061 Street Types, including the general pattern of streets, blocks,
and development reflected on the BSD Street Network Map, as amended;
(g) The proposed design of the internal circulation system, driveways, and
any connections to the public realm provide for safe and efficient access
for pedestrians, bicyclists, vehicles, and emergency services;
(h) The proposed design, architecture, and materials of buildings is
consistent with the BSD Design Guidelines, while integrating with nearby
development, and avoids overshadowing of existing or proposed
development;
(i) The proposed site design, landscaping, screening, and buffering is
consistent with the BSD Design Guidelines;
(j) The proposed open spaces are appropriately sited and designed to
conserve or enhance natural features as appropriate, enhance the
community, benefit the community both within and outside the proposed
development, and conform to the requirements of §153.064 Open
Spaces;
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(k) The scale and design of the proposed development allows for the
adequate provision of services currently furnished by or that may be
required by the City or other public agency including, but not limited to,
fire and police protection, public water and sanitary sewage services,
recreational activities, traffic control, waste management, and
administrative services;
(l) The proposed development conforms to the requirements of §153.063
Neighborhood Standards, as applicable;
(m) The proposed development provides adequate stormwater management
systems and facilities that comply with the applicable regulations of this
code and any other applicable design criteria or regulations as adopted by
the City or required by other government entities;
(n) The proposed development can be adequately serviced by existing and/or
planned public or private infrastructure consistent with the City's most
recently adopted capital improvements program;
(o) If the development is proposed to be implemented in phases, each phase
has adequate infrastructure to serve the development independently
without the need for further phased improvements; and
(p) The proposed development demonstrates consistency with the
recommendations, principles, and intent of all applicable design standards
and guidelines, including but not limited to buildings, open spaces, and
streetscapes.
(H) Amended Final Development Plan.
(1) Purpose and Applicability.
(a) The purpose of the Amended Final Development Plan (AFDP) is to remain
consistent with the FDP, all requirements of the BSD Code, Community
Plan, BSD Special Area Plan, BSD Design Guidelines, and other adopted
plans, policies, and regulations, and the review criteria.
(b) The AFDP allows the PZC to ensure that the proposed development is
compliant with the following:
1. That the street network and block framework provide a coherent
and rational development pattern;
2. That proposed street types provide for walkable urbanism;
3. That the proposed building types are appropriate to the location
and neighborhood, including assuring that the dimensions of a
parcel meet the lot size requirements for the applicable building
type;
4. That the architecture, building materials and colors, landscaping
and buffering, and site layout create a functional, aesthetically
appealing urban place;
5. That the proposed development creates the urban setting
envisioned by the applicable neighborhood standards;
6. That planned open spaces and building types within the
development are integrated in order to complement each other;
7. That the proposed development is consistent with the general
development requirements of the City with respect to such
Planning and Zoning Commission: March 4, 2021 (incorporating Ord. 03-21)
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elements as infrastructure, transportation, and environmental
considerations; and
8. That the proposed development will contribute to the creation of
signature places in the City consistent with the BSD Special Area
Plan through an evaluation of long-term phasing plans,
transitional development conditions, and planned placemaking
elements.
(c) The AFDP is intended to confirm the proposed development
modifications, or phases of development modifications, are in compliance
with all applicable code requirements, and are consistent with the FDP.
(d) All modifications to existing development within the BSD District shall
require approval of an AFDP, unless otherwise eligible to be considered
under the Minor Project (MP) provisions, prior to applying for site
disturbance approval, CZPA, and/or building permits. In addition, the
following development activities shall also require an approved AFDP:
a. When modifications to an existing site involve the design or
construction of new streets, or a proposed realignment or relocation
of any street in the general pattern of street development
conceptualized by the BSD Street Network Map in §153.061 that is
required or permitted by the City;
b. When modifications to an existing site require land subdivision in
accordance with Chapter 152; or
c. When a project does not meet the criteria for a Minor Project (MP).
(e) Applications for an AFDP shall be reviewed by the PZC, whose approval
shall be binding and shall serve as the regulatory and administrative
document for zoning compliance.
(2) Review Procedures.
(a) An application for a AFDP shall be submitted in accordance with the
provisions of divisions (H)(4) and (0)(1) of this section.
(c) The PZC shall be the required reviewing body for the AFDP within the
BSD.
(d) The Director shall make a recommendation to the PZC for approval,
approval with conditions, or denial of the amended final development
plan application under the criteria of division (H)(5) of this section.
(e) The PZC shall review the AFDP application and the recommendation of
the Director and render its decision based on the criteria of division
(H)(5) of this section for approval, approval with conditions, or denial. A
written record of the Commission’s decision shall be provided.
(4) Submittal Requirements. It is the intent of these regulations that an AFDP
shall provide final information for development modifications that is sufficient to
ensure general consistency to an approved FDP. Information should be
sufficiently detailed to enable the PZC to understand the existing development
and the AFDP for the proposed project or a portion thereof, and to evaluate
conformance with the review criteria in division (H)(5). The applicant shall
submit an application and supplemental materials as outlined in division (O)(1)
and determined by the Director.
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(5) Review Criteria. The PZC shall make its decision on an application for an AFDP
based on each of the following criteria:
(a) The AFDP shall be substantially similar to the approved FDP, and
consistent with the record established by the required reviewing body,
the associated Staff Report, and the Director’s recommendation;
(b) The proposed development is consistent with the Community Plan, BSD
Special Area Plan, BSD Design Guidelines, other adopted City plans, and
citywide administrative and financial policies;
(c) The proposed land uses conform to all applicable requirements and use
specific standards of §153.059 Uses;
(d) The proposed buildings are appropriately sited and conform to the
requirements of §153.062 Building Types and §153.065 Site Development
Standards;
(e) The proposed lots and blocks conform to the requirements of §153.060
Lots and Blocks;
(f) The proposed street types conform to the requirements and standards of
§153.061 Street Types, including the general pattern of streets, blocks,
and development reflected on the BSD Street Network Map, as amended;
(g) The proposed design of the internal circulation system, driveways, and
any connections to the public realm provide for safe and efficient access
for pedestrians, bicyclists, vehicles, and emergency services;
(h) The proposed design, architecture, and materials of buildings is
consistent with the BSD Design Guidelines, while integrating with nearby
development, and avoids overshadowing of existing or proposed
development;
(i) The proposed site design, landscaping, screening, and buffering is
consistent with the BSD Design Guidelines;
(j) The proposed open spaces are appropriately sited and designed to
conserve or enhance natural features as appropriate, enhance the
community, benefit the community both within and outside the proposed
development, and conform to the requirements of §153.064 Open
Spaces;
(k) The scale and design of the proposed development allows for the
adequate provision of services currently furnished by or that may be
required by the City or other public agency including, but not limited to,
fire and police protection, public water and sanitary sewage services,
recreational activities, traffic control, waste management, and
administrative services;
(l) The proposed development conforms to the requirements of §153.063
Neighborhood Standards, as applicable;
(m) The proposed development provides adequate stormwater management
systems and facilities that comply with the applicable regulations of this
code and any other applicable design criteria or regulations as adopted by
the City or required by other government entities;
(n) The proposed development can be adequately serviced by existing and/or
planned public or private infrastructure consistent with the City's most
recently adopted capital improvements program;
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(o) If the development is proposed to be implemented in phases, each phase
has adequate infrastructure to serve the development independently
without the need for further phased improvements; and
(p) The proposed development demonstrates consistency with the
recommendations, principles, and intent of all applicable design standards
and guidelines, including but not limited to buildings, open spaces, and
streetscapes.
(I) Minor Project.
(1) Purpose and Applicability.
The purpose of the Minor Project (MP) is to provide an efficient review process
for smaller projects that do not have significant community effects, as defined in
(I)(2).
(2) Minor Projects Defined. The following projects shall be considered eligible for
review and approval as an MP:
(a) Additions to principal structures that increase the gross floor area by not
more than 25%, or not more than 10,000 square feet gross floor area,
whichever is less, existing as of the effective date of this amendment, or
when first constructed, and associated site development requirements.
(b) Exterior modifications to principal structures involving not more than 25%
of any individual façade elevation of the structure.
(c) Signs, landscaping, parking, and other site related improvements that do
not involve construction of a new principal building. Parks, when used to
meet requirements as an open space type, as provided in §153.064, shall
require a PDP, FDP, or AFDP.
(d) Accessory structures 1,000 gross square feet or smaller and the related
accessory uses in accordance with §153.062(B)(3)(e).
(e) Modifications to existing structures in accordance with §153.062(B)(2)
that increase the gross floor area by not more than 25%, or not more
than 10,000 square feet gross floor area, whichever is less, existing as of
the effective date of this amendment and associated site development
requirements; and
(f) Parking plans when not associated with a PDP, FDP, or AFDP.
(3) Review Procedure.
(a) An application for a minor project MP shall be made in accordance with
the provisions of divisions (I)(4) and (O)(1) of this section.
(b) The ART shall be the required reviewing body for the MP.
(c) The Director shall make a recommendation to the ART for approval,
approval with conditions, or denial of the MP under the criteria of division
(I)(5).
(d) The ART shall review the MP application and the Director’s
recommendation, and render its decision based on the criteria of (I)(5) of
this section for approval, approval with conditions, or denial. A written
record of the ART’s decision shall be provided.
(e) The ART may forward any MP application to the PZC for consideration. In
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making such a determination, the ART shall conclude that the application
raises complex issues, including but not limited to, the need for public
infrastructure improvements and/or other neighborhood or community-
wide effects that would benefit from a public review and decision by the
PZC. These applications shall be reviewed against the criteria in (I)(5) of
this section.
(f) If the application is not approved by the ART, the applicant shall be given
the opportunity to revise the application in response to the ART’s
comments and resubmit for reconsideration.
(g) Decisions of the ART are appealable to the PZC.
(4) Submittal Requirements. It is the intent of these regulations that an
application for a MP provides sufficient information to ensure general conformity
to the applicable provisions of this code. The information should be sufficiently
detailed to enable the required reviewing body to understand the existing site
and the MP request for the proposed project or a portion thereof. The applicant
shall submit an application and supplemental materials as outlined in division
(M)(1) and determined by the Director.
(5) Review Criteria. The Administrative Review Team (ART) shall make its decision
on an application for a MP based on each of the following criteria and the
recommendation of the Director:
(a) The MP shall be consistent with the Community Plan, BSD Special Area
Plan, BSD Code, BSD Design Guidelines, and adopted plans, policies, and
regulations;
(b) In cases where a MP is proposed within or as part of an approved PDP or
FDP, the MP shall be consistent with such approved PDP or FDP;
(c) The MP shall be consistent with the record established by the required
reviewing body, the associated Staff Report, and the Director’s
recommendation;
(d) The proposed land uses meet all applicable requirements and use specific
standards of §153.059 Uses; and
(e) The proposed site improvements, landscaping, screening, and buffering
shall meet all applicable requirements of the BSD Code and respond to
the standards of the BSD Design Guidelines.
(J) Administrative Departures.
(1) Purpose and Applicability.
(a) The intent of the Administrative Departure (AD) is to provide an efficient
process to allow minor deviations from the strict application of the BSD
requirements caused by unusual site or development conditions or
conditions unique to a particular use or other similar conditions that
require reasonable adjustments, but remain consistent with the intent of
this Chapter.
(b) The AD shall not convey special rights or other approvals that would not
otherwise result from a decision under this code.
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(2) Administrative Departure Defined. An AD shall be limited to any
modification of no greater than 10% to a numeric zoning standard related to
building dimensions, lot dimensions or coverage, open space, landscaping,
parking, fencing, walls, screening, or exterior lighting.
(3) Review Procedure.
(a) An application for an AD shall be made in accordance with the provisions
of divisions (I)(4) and (O)(1) of this section.
(b) The ART shall be the required reviewing body for administrative
departures unless requested in conjunction with an application under the
purview of PZC.
(c) A request for an AD may be submitted with an application for a PDP,
FDP, AFDP, MP, or at any other time as may be necessary.
(d) A request for an AD may be processed simultaneously with a PDP, FDP,
AFDP or MP to which it relates.
(e) The Director shall make a recommendation to the ART for approval,
approval with conditions, or denial of the AD under the criteria of division
(I)(5).
(f) The ART shall determine whether each requested AD is approved,
approved with conditions, or denied. A written record of the ART’s
decision will be provided. Decisions relative to a PDP, FDP, or AFDP shall
be reported to the PZC.
(c) Should the ART find that the request does not meet the criteria for an
AD, the applicant may request a Waiver under the provisions of division
(J) of this section with a new application for a PDP, FDP, AFDP, or MP, as
applicable, under the purview of the PZC.
(d) Decisions may be appealed to the PZC or CC, as applicable.
(4) Submittal Requirements. It is the intent of these regulations that an
application for an AD provides sufficient information to evaluate whether the
request should be granted under divisions (I)(2) and (I)(5). The information
should be sufficiently detailed to enable the required reviewing body to
understand the existing site, proposed AD, and the related PDP, FDP or MP for
the proposed project or a portion thereof. The applicant shall submit an
application and supplemental materials as outlined in division (O)(1) and
determined by the Director.
(5) Review Criteria. The ART or PZC shall make its decision on the requested AD
based on the following criteria:
(a) The need for the AD is caused by unique site conditions, conditions on
surrounding properties, and/or otherwise complies with the spirit and
intent of the Community Plan, BSD Special Area Plan, BSD Design
Guidelines, other adopted City plans and policies, and all applicable
requirements within §§153.057 through 153.066;
(b) The AD is not being requested simply to reduce cost or as a matter of
general convenience;
(c) The AD does not have the effect of authorizing any use, sign, building
type, or open space type that is not otherwise permitted in the BSD
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district; and
(d) The AD, if approved, does not adversely impact the pedestrian
experience.
(e) The AD, if approved, will ensure that the development is of equal or
greater development quality with respect to design, material, and other
development features than without the AD.
(K) Waiver.
(1) Purpose and Applicability. Under the provisions of this section, Waivers are a
process to allow deviations from specific code requirements that may only be
granted by the PZC.
(2) Waivers Defined. A Waiver is defined as a request for a deviation from a
requirements of §§ 153.059 through 153.065, which do not otherwise qualify for
an AD under the provisions of division (I) of this section.
(3) Review Procedure.
(a) An application for a Waiver shall be made in accordance with the
provisions of divisions (J)(4) and (O)(1) of this section.
(b) The PZC shall be the required reviewing body for Waivers. In cases where
a Waiver is submitted with a Minor Project (MP), the PZC shall be the
required reviewing body for both the Waiver and the MP.
(c) The Waiver may be submitted with any application for a PDP or FDP.
(d) The Director shall make a recommendation to the PZC for approval,
approval with conditions, or denial of the Waiver under the criteria of
division (J)(5). Additional Waivers determined by the Director during
his/her review, may be included for review by the PZC.
(e) The PZC shall review the requested Waiver using the criteria of division
(5) of this section. Should other Waivers be necessary to resolve conflicts
with other requirements of this Chapter resulting from the requested
Waiver, those Waivers shall also be reviewed by PZC.
(f) The PZC shall approve, approve with conditions, or deny the Waiver
request. A written record of the PZC decision will be provided.
(4) Submittal Requirements. It is the intent of these regulations that an
application for a Waiver provides sufficient information to evaluate whether the
Waiver should be granted under divisions (J)(2) and (J)(5). The information
should be sufficiently detailed to enable the PZC to understand the existing site,
proposed PDP, FDP, or MP as noted in (K)(3)(b), and the related Waiver request
for the proposed project or a portion thereof. The applicant shall sub mit an
application and supplemental materials as outlined (O)(1) and determined by the
Director.
(5) Review Criteria. The PZC shall make its decision on an application for a
proposed Waiver based on all of the following criteria:
(a) The need for the Waiver is caused by unique site conditions, the use of or
conditions on the property or surrounding properties, or other
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circumstance outside the control of the owner/lessee, including
easements and rights-of-way;
(b) The Waiver, if approved, will generally meet the spirit and intent of the
Community Plan, BSD Special Area Plan BSD Design Guidelines, other
adopted City plans and policies, and all applicable requirements in
§§153.057 through 153.066;
(c) The Waiver is not being requested solely to reduce cost or as a matter of
general convenience;
(d) The Waiver, if approved, will ensure that the development is of equal or
greater development quality with respect to design, material, and other
similar development features than without the Waiver;
(e) The requested Waiver is better addressed through the Waiver rather than
an amendment to the requirements of this Chapter; and
(f) The Waiver does not have the effect of authorizing any use or open
space type that is not otherwise permitted in that BSD district.
(L) Master Sign Plan.
(1) Purpose and Applicability.
(a) The purpose of the Master Sign Plan (MSP) is to define the scope,
character, and aesthetic quality of signs and sign regulations for an
individual tenant, multi-tenant building, or multi-building development;
while allowing an additional degree of flexibility and creativity in sign
design and display.
(b) The MSP review is intended to confirm the proposed sign design or
comprehensive sign plan is consistent with the development context,
architectural character, and the BSD Design Guidelines. MSPs are not
intended to permit larger or more visible signs, and are not intended to
permit a greater number of signs without consideration of the BSD
Design Guidelines.
(c) The MSP allows the PZC the means to evaluate the proposal for its
consistency with §153.057 through §153.066, the Community Plan, BSD
Special Area Plan, BSD Design Guidelines, and other adopted City plans,
and the review criteria, and to consider the proposal within the context of
existing and planned development within the vicinity of the project
boundary.
(2) Review Procedure.
(a) An application for a MSP shall be submitted in accordance with the
provisions of divisions (L)(3) and (O)(1) of this Chapter.
(b) The PZC shall be the required reviewing body for MSPs in the BSD.
(c) The Director shall make a recommendation to the PZC for approval,
approval with conditions, or denial of the MSP application under the
criteria of division (L)(4) of this section. The Director’s recommendation
shall be provided prior to the respective public hearing.
(d) The PZC shall review the MSP application and the recommendation of the
Director, and render its decision based on the criteria of division (L)(4) for
approval, approval with conditions, or denial. A written record of the
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Commission’s decision shall be provided.
(d) The applicant may request additional review meetings with the PZC.
(3) Submittal Requirements. It is the intent of these regulations that the MSP
shall indicate general information, sign design standards, and the area of
applicability. Information submitted should be comprehensive enough to enable
the PZC to understand the existing site and design concept for the proposed
MSP. The applicant shall submit an application and supplemental materials as
outlined in division (O)(1) and determined by the Director.
(4) Review Criteria. The PZC shall render its feedback on an application for a MSP
based on each of the following criteria and the recommendation of the Director.
(a) The MSP is consistent with the Community Plan, BSD Special Area Plan,
BSD Design Guidelines, and other adopted City plans and policies;
(b) The proposed signs are appropriately sited and scaled to create a
cohesive character that complements the surrounding environment and
meets the intent of the architectural requirements of §153.062 Building
Types;
(c) The proposed signs are not in conflict with public streets, open spaces,
utilities, or rights-of-way, and do not impede the continued provision of
services required by the City or other public agency; and
(d) The MSP responds to the requirements of §153.063 Neighborhood
Standards, as applicable.
(M) Administrative Approval.
(1) Purpose and Applicability.
(a) The Director may authorize an Administrative Approval (AA) to an
approved FDP, AFDP, or MP that is required to correct any undetected
errors or omissions, address conditions discovered during the permitting
process or construction, or that is necessary to ensure orderly and
efficient development.
(b) Any approved AA must be consistent with the intent of the related
approved FDP, AFDP, or MP.
(c) The Director may also authorize an AA to existing structures and
associated site improvements that are necessary to complete ordinary
maintenance, refurbishment or Zoning Code compliance.
(2) Administrative Approval Defined. The following are considered AA’s:
(a) Adjustments to lot lines;
(b) Adjustments to the location and layout of parking lots;
(c) Adjustments of up to 10% in total building floor area or floor plan;
(d) Adjustments to building height up to 10% for no more than 10% of the
floorplate of the highest occupied floor when necessary to accommodate
building equipment or features required to comply with building code;
(e) Substitution of landscaping materials specified in the landscape plan;
(f) Redesigning and/or relocating stormwater management facilities;
(g) Relocating fencing, walls or screening (not including screening walls);
Planning and Zoning Commission: March 4, 2021 (incorporating Ord. 03-21)
19
(h) Modifications to sign location, sign face, landscaping and lighting,;
(i) Changes in building material or color;
(j) Changes required by outside agencies such as the county, state, or
federal departments; and/or
(k) Other modifications deemed appropriate by the Director that do not alter
the basic design or any specific conditions imposed as part of the original
approval.
(3) Review Procedure.
(a) An application for an AA shall be made in accordance with the provisions
of divisions (M)(4) and (O)(1) of this section.
(b) The Director shall be the required reviewing body for applications for an
AA.
(c) The Director shall review the request after receiving a complete
application and make a decision to approve, approve with conditions, or
deny an AA application under the criteria of division (M)(5) of this section.
The Director’s decision shall be provided to the applicant in writing.
(d) The Director may forward any AA application to the PZC for
consideration. In making such a determination, the Director shall
conclude that the application raises complex issues, including that the
proposal is of such magnitude that it has a detrimental effect on the
approved development or there are neighborhood or community-wide
effects that may result if the proposal is approved, that would benefit
from a public review and decision by the PZC.
(e) If denied, or approved with conditions, the applicant shall be given the
opportunity to revise the request in response to the Director's comments
and resubmit for further consideration.
(f) Requests not meeting the requirements for an AA shall require the filing
and approval of a new application for a FDP, AFDP, MP or other
application as applicable, in accordance with this section.
(g) Decisions may be appealed to PZC.
(4) Submittal Requirements. It is the intent of these regulations that an
application for an AA provides sufficient information to ensure general conformity
to the applicable provisions of this code and the approved FDP , AFDP, or MP,
and to evaluate whether the AA should be granted under division (M)(2) and
(M)(5). The information should be sufficiently detailed to enable the Director to
understand the existing site and the AA request for the proposed project or a
portion thereof. The applicant shall submit an application and supplemental
materials as outlined (O)(1) and determined by the Director.
(5) Review Criteria. The Director shall make his or her decision on an application
for a proposed AA based on all of the following criteria:
(a) Adjustments to lot lines do not create additional lots, required setbacks
and/or RBZs are maintained, and the boundaries to any approved PDP,
FDP, AFDP, or MP are not altered;
(b) Adjustments to the location and layout of parking lots maintain the
perimeter setbacks, yards, buffers, and required parking;
Planning and Zoning Commission: March 4, 2021 (incorporating Ord. 03-21)
20
(c) Adjustments for buildings do not alter the character or the use of the
originally approved building, building height(s), or floor plans except as
provided for in division (M)(2);
(d) Substitution of landscaping materials shall be of an equal or greater size
and quality as the approved materials;
(e) Redesigned and/or relocated stormwater management facilities shall
maintain the approved general character of said facilities and the
approved stormwater capacities;
(f) Relocating fencing, walls, or screening (not including screening walls)
shall maintain the same level and quality of materials and screening;
(g) Modifications to sign location, sign face, and related landscaping and
lighting, shall maintain the approved general sign design, number of
signs, and dimensional requirements;
(h) Changes in building material shall be similar to and have the same
general appearance comparable to previously approved material; such
changes shall be of equal or higher quality than the previously approved
material;
(i) Changes in color shall be complimentary to the architectural design and
character of the building;
(j) The modification is not being requested solely to reduce cost or as a
matter of general convenience; and
(k) The requested modification would be better addressed through the
modification rather than an amendment to the requirements of this
Chapter or to the approved FDP, AFDP, or MP.
(N) Other Applicable Approvals.
(1) Open Space Fee in Lieu. After a recommendation from the Director in
consultation with the Director of Parks and Recreation, the PZC shall determine
whether a request for a payment of a fee in lieu of open space dedication may
be approved, as provided in §153.064(D) and (E).
(2) Conditional Uses. The Conditional Use approval procedures in §153.236 shall
apply in the BSD districts. The PZC is the required reviewing body for Conditional
Use applications.
(3) Zoning Map or Text Amendment. The amendment procedures of §153.234
shall apply in the BSD districts. In addition, a recommendation from the Director
shall be submitted for consideration by the PZC and City Council.
(4) Preliminary and Final Plats. Reviews of Preliminary and Final Plats shall be
governed by Chapter 152 of the Dublin Code of Ordinances.
(5) Special Permit. The Special Permit procedures in §153.231(G) shall apply in
the BSD districts.
(6) Zoning Variance. The Zoning Variance procedures in §153.231(H) shall apply
in the BSD districts. In addition, a recommendation from the Director shall be
Planning and Zoning Commission: March 4, 2021 (incorporating Ord. 03-21)
21
submitted for consideration by the Board of Zoning Appeals, and for City Council
in the instance of a use variance.
(7) Public Tree Permit. The Tree Permit requirements of §153.134(G) shall apply
in the BSD districts.
(8) Parking Plan. The Parking Plan requirements of §153.065(B) shall apply in the
BSD districts, and shall be subject to Minor Project (MP) provisions as provided
for in division (I)(2)(f) unless otherwise associated with a PDP, FDP, or AFDP.
(O) General Provisions.
(1) Applications.
(a) Each application required by this section shall be made in writing on a
form provided by the City and shall be accompanied by the fee as
established by City Council.
(b) Applications shall include all information required by the City, unless
deemed unnecessary by the Director based on the nature and scale of
the proposed development. No application shall be accepted and
processed by the City until it is deemed complete by the Director. If
found to be incomplete, the Director shall inform the applicant of any
additional materials required to certify that the application is complete.
(c) After acceptance of a complete application, the Director and/or required
reviewing body may request additional materials if deemed necessary to
evaluate the proposal.
(d) No application for a FDP that has been denied by the PZC shall be
resubmitted for a period of one year from the date of the decision, unless
permitted by the Director after a demonstration by the applicant of a
change of circumstances from the previous application that may
reasonably result in a different decision.
(e) The Director may approve the simultaneous review of applications
required by this Chapter and/or a subdivision plat required by the Code, if
the Director determines that simultaneous review will not adversely
impact the achievement of the purpose and intent of this Chapter. The
provisions of §153.066(F)(2)(b) and (G)(2)(b) govern relative to the filing
of a combined PDP and FDP.
(f) Where public reviews are required by this Chapter, a written notice of the
public meeting shall be sent, not less than ten days prior to the meeting,
to the applicant, property owner, and owners of parcels of land within
300 feet of the subject parcel(s), as listed on the County Auditor's current
tax list. The notice shall, at a minimum, indicate the property that is the
subject of the request, describe the nature of the request, the time, date
and location of the meeting at which the application will be considered,
and indicate when and where written comments will be received
concerning the request.
(2) Decisions.
(a) Any application required to be reviewed under this section shall be
Planning and Zoning Commission: March 4, 2021 (incorporating Ord. 03-21)
22
approved, approved with conditions, or denied by the required reviewing
body based on the applicable review criteria as provided in this section
and other applicable provisions of this Chapter. The recommending body
and required reviewing body shall state the reasons for their decisions in
the minutes and provide a written record of the decision.
(b) Prior to reaching a decision, if the required reviewing body determines
that an application does not meet the applicable review criteria as
provided in this section and other applicable provisions of this Chapter,
but determines that the application could meet those criteria with
modifications that could not be reasonably conditioned, the applicant may
request that the decision on the application be postponed to provide the
opportunity to make those modifications.
(c) Following the approval of a FDP or MP, the applicant may proceed with
the process for obtaining a Certificate of Zoning Plan Approval (CZPA)
and Building Permit (BP), consistent with the approval as granted. All
construction and development under any BP shall comply with the
approved FDP and MP, and any other approval, as applicable.
(3) Certificate of Zoning Plan Approval. A CZPA issued by the Director verifying
compliance with all applicable zoning requirements is required prior to
modification, extension, or alteration of sites and structures, and/or change of
use in BSD.
(4) Code Administration. The PZC may evaluate and monitor the application of
the requirements and standards of §153.057 through §153.066 by the Director.
The PZC may advise the Director as to whether it finds that the requirements or
standards (including requests for an AA) are being applied correctly, and
recommend to City Council any changes needed in the BSD district standards
and requirements to better implement the Community Plan, BSD Special Area
Plan, BSD Design Guidelines, and other related policy and regulatory documents
adopted by the City.
(5) Duration of Approvals.
(a) Because the review of an Informal application is non-binding on the City
and does not result in a decision by the PZC, the comments made during
the Informal application review do not expire. However, if the applicant
makes any material change in the Informal application following the
review, the applicant should not assume that the previous Informal
review comments remain applicable to the revised application.
(b) An approved CP shall be valid for a period of no more than one year. If
an application has not been filed for a PDP for at least a portion of the
site within that one-year period, then the CP shall no longer be valid. A
new CP application shall be required in accordance with the requirements
of this Chapter.
(c) An approved PDP shall be valid for a period of no more than two years. If
a FDP application for at least a portion of the site has not been filed
within that two-year period, then the PDP shall no longer be valid. A new
PDP application shall be required in accordance with this Chapter.
Planning and Zoning Commission: March 4, 2021 (incorporating Ord. 03-21)
23
(d) An approved FDP shall be valid for a period of no more than two years. If
a Building Permit and/or CZPA has not been filed for at least a portion of
the project within the two-year period, the FDP shall no longer be valid. A
new FDP application shall be required in accordance with this Chapter.
(e) An approved MP shall be valid for a period of no more than two years. If
a Building Permit and/or CZPA for at least one portion of the site has not
been filed within that two-year period, then the MP shall no longer be
valid. A new MP application shall be required in accordance with this
Chapter.
(f) Abandonment.
1. Once a final approval is granted by the required reviewing body, if
the Director of Building Standards determines that work has been
abandoned for a continuous period of six months, the approval
shall lapse and cease to be in effect.
2. The Director of Building Standards shall make the determination
of abandonment based on the presence of one or more of the
following conditions:
a. Removal of construction equipment or supplies;
b. Expiration of an active building permit issued by the City;
c. Evidence of a failure to maintain the property, such as
overgrown weeds, failure to secure buildings, broken
windows, or other evidence of lack of maintenance;
d. Other actions documented by the Director of Building
Standards and/or Director evidencing an intent to abandon
the construction of the project.
3. Once the Director of Building Standards makes a determination of
abandonment, if a new BSD application is not submitted within 90
days from the date of the determination, the owner shall restore
the site to its previous condition, and/or remove any structur es or
other evidence of work on the site, within 180 days from the date
of the determination of abandonment. If the owner fails to
restore the site to its previous condition within 180 days, the City
may take any and all actions necessary to restore the site to its
previous condition, including removing any structures or other
evidence of work, and the costs of removal shall be assessed
against the property.
(6) Single-Family Detached Home. A single-family detached home and additions
thereto are not subject to the submittal of a CP, PDP, nor FDP. A single-family
home and additions there to shall submit a Building Permit as required by code
and issuance of a CZPA as provided for in §153.233. Any proposed modifications
to zoning standards of the BSD Code associated with a proposed single-family
home and any additions thereto shall be subject to review and approval of a
Waiver, AA, and/or AD provided for in this Chapter. A single-family home is not
subject to MP provisions of this Chapter.
(Ord. 07-12, passed 3-26-12; Am. Ord. 84-13, passed 11-4-13; Am. Ord. 114- 14, passed 12-8-
14; Am. Ord. 09-19, passed 4-2-19; Ord. 03-21, passed X-X-XX)
Planning and Zoning Commission: March 4, 2021 (incorporating Ord. 03-21)
24
PLANNING 5200 Emerald Parkway Dublin, Ohio 43017 phone 614.410.4600 dublinohiousa.gov
RECORD OF ACTION
Planning & Zoning Commission
Thursday, March 4, 2021 | 6:30 pm
The Planning and Zoning Commission took the following action at this meeting:
2. Bridge Street District - Amended Final Development Plan
20-177ADMC Administrative Request - Code Amendment
Proposal: Amend Zoning Code Section 153.066 to add an Amended Final
Development Plan review process for the Bridge Street District in
alignment with other review processes.
Request: Review and recommendation of approval to City Council on the proposed
Administrative Request – Code Amendment under the provisions of
Zoning Code Section 153.234.
Applicant: Dana L. McDaniel, City Manager, City of Dublin
Planning Contact: Nichole M. Martin, AICP, Planner II
Contact Information: 614.410.4635, nmartin@dublin.oh.us
Case Information: www.dublinohiousa.gov/pzc/20-177
MOTION: Mr. Grimes moved, Mr. Supelak seconded a recommendation of approval to City Council for
the addition of an Amended Final Development Plan (AFDP) review process for the Bridge
Street District.
VOTE: 6 – 0.
RESULT: The Administrative Request - Code Amendment to add an Amended Final Development Plan
review process for the Bridge Street District was recommended for approval and forwarded to
City Council.
RECORDED VOTES:
Jane Fox Yes
Warren Fishman Yes
Kristina Kennedy Yes
Mark Supelak Yes
Rebecca Call Absent
Leo Grimes Yes
Lance Schneier Yes
STAFF CERTIFICATION
_____________________________________
Nichole M. Martin, AICP, Planner II
Planning and Zoning Commission
Meeting Minutes of March 4, 2021
Page 2 of 8
CONSENT CASE
2. Bridge Street District - Amended Final Development Plan, 20-177ADMC, Administrative
Request - Code Amendment
Request for review and recommendation to City Council to amend Zoning Code Section 153.066 to add
an Amended Final Development Plan review process for the Bridge Street District in alignment with
other review processes.
Public Comments
No public comments were received for this case.
Mr. Grimes moved, Mr. Supelak seconded a recommendation of approval to City Council for the addition of an
Amended Final Development Plan (AFDP) review process for the Bridge Street District.
Vote: Ms. Fox, yes; Mr. Schneier, yes; Ms. Kennedy, yes; Mr. Fishman, yes; Mr. Grimes, yes; Mr. Supelak,
yes.
[Motion passed 6-0]
NEW CASES
1.Historic Design Guidelines, 18-037ADMC, Administrative Request - Code Amendment
Request for review and recommendation to City Council for new Historic Design Guidelines applicable
to properties located within the Architectural Review District and its outlying historic properties.
Case Presentation
Ms. Martin stated that this is an administrative request for a recommendation of approval to City Council. The
Historic District Code amendment, Historic District area rezoning and revised Historic Design Guidelines are
the result of the work of a stakeholder committee, public engagement, and Board and Commission review
process. In 2018, the Historic Dublin Stakeholder Committee met four times (June 14, July 12, August 2, and
August 30, 2018) to identify potential revisions to the Historic District Zoning Code and Guidelines.
Opportunities for public input were provided at two public meetings held on October 9, 2018 and August 15,
2019, as well as two-hour office hours on each Wednesday in August 2019 (August 7, 14, 21 and 28). The
Planning and Zoning Commission (PZC) reviewed draft revisions on July 11 and September 5, 2019. The
Architectural Review Board (ARB) conducted six reviews of draft documents on July 10, July 24 and November
20, 2019, and on June 17, July 29, and November 18, 2020. On February 24, 2021, the ARB approved a
recommendation to the Planning Commission for its subsequent recommendation of approval to City Council.
Overview
The Historic Design Guidelines is a companion document that has been updated in alignment with a recent
Code amendment approved by City Council on February 22, 2021. Ordinance 03-21 approved an amendment
to the Architectural Review Board Development Requirements and Procedures and a revision to the Historic
District boundaries. The boundaries of Historic Dublin would be the area of applicability for the proposed
Design Guidelines, as well as any historic properties listed in Appendix G of the Zoning Code. Council also
approved Ordinance 04-21, an area rezoning removing Historic Dublin from the Bridge Street District. The
intent was to differentiate the regulations in the two districts. The purpose of the legislation related to the
Historic District was to ensure that current community values were reflected. The primary difference between
Code and Guidelines is that the Code provides regulations regarding what “shall” be applied; the Guidelines
provide recommendations and best practices, which “should” be applied in conjunction with the Code.
Chapters 1–3 provide an introduction, set the context and character for the District, and identify building types
and predominant architectural styles in Historic Dublin. Chapters 4-7 address rehabilitation, new construction,
site design, and sign design recommendations. When the Code and Guidelines are administered in unison, it
is anticipated that the review process within the Architectural Review District will be more user-friendly. Staff
To: Members of Dublin Planning and Zoning Commission
From: Jennifer M. Rauch, AICP, Director of Planning
Date: March 4, 2021
Initiated By: Nichole M. Martin, AICP, Planner II
Re: Zoning Code Section 153.066: Bridge Street District (BSD) – Review and
Approval Procedures and Criteria
Summary
Staff is seeking review and a recommendation of approval on a proposed Zoning Code
amendment to add a Bridge Street District – Amended Final Development Plan (AFDP) review
process to Zoning Code Section 153.066. This was reviewed at the February 18, 2021 meeting
of the Planning and Zoning Commission. At the time, the Commission was supportive and
requested no changes to the proposed Zoning Code amendments. Previously, at the November
5, 2020 Planning and Zoning Commission meeting the amendments were discussed and
generally deemed appropriate. The Commission has consistently been supportive of providing a
more streamlined and efficient review process for less complex development projects.
Background
Presently, the BSD Code includes a three-step review process established for new construction
and modeled after the provisions for Planned Districts:
1) Concept Plan
2) Preliminary Development Plan
3) Final Development Plan
The 2019 BSD Code update (Ord. 09-19) modified the eligibility and scope of projects that
qualify as a Minor Project (MP), which was narrowed to reflect the name ‘minor’. However,
following the adoption of the updated review process regulations Staff recognized a need for
the addition of an Amended Final Development Plan process, which would allow for the
modification of already developed sites and buildings consistent with the PUD review process.
Under the current BSD provisions, the only options to modify existing development is through a
MP provided the project is within the scope permitted by the Code, or a three-step CP, PDP,
and FDP review process. One such example is the McDonalds application that the Commission
approved in February 2019. The application was filed prior to the effective date of 2019 Code
amendments and as such was eligible for a MP review procedure; however, due to waiver
requests for building materials also required Commission review and approval.
Under the current standards, a substantial site or building modification to an existing
Division of Planning
Emerald Parkway 5200 • Dublin, OH 43017 - 1090
Phone: 614.410. 4 6 00 Memo
commercial site would require the same level of review as new construction, which is very
cumbersome, time consuming and costly for the applicant and staff.
BSD Amended Final Development Plan
Included in your packet are proposed amendments to Zoning Code Section 153.066: Bridge
Street District (BSD) – Review and Approval Procedures and Criteria. The updates incorporate
the AFDP review process, clarify the Parking Plan procedure under the MP process, and update
all cross references as a result of the modifications.
The proposed AFDP process follows the procedures and review criteria for a FDP. The AFDP is
intended to confirm consistency with the originally approved FDP. Sites that were developed
prior to implementation of the BSD would be considered to have a previously approved FDP.
Modifications that fall within the defined MP scope, would not require an AFDP. The Planning
and Zoning Commission is proposed to be the final reviewing body for determination on AFDPs.
Recommendations
Staff recommends a recommendation of approval to City Council for the proposed Zoning Code
amendments.
PLANNING 5200 Emerald Parkway Dublin, Ohio 43017 phone 614.410.4600 dublinohiousa.gov
RECORD OF DISCUSSION
Planning & Zoning Commission
Thursday, February 18, 2021 | 6:30 pm
The Planning and Zoning Commission took the following action at this meeting:
5. BSD Amended Final Development Plan
20-177ADMC Administrative Request - Code Amendment
Proposal: Introduction to amend Zoning Code Section 153.066 to add an Amended
Final Development Plan provision to the review process for the Bridge
Street District in alignment with other review processes.
Request: Informal review and feedback on the proposed Administrative Request –
Code Amendment under the provisions of Zoning Code Section 153.234.
Applicant: Dana L. McDaniel, City Manager, City of Dublin
Planning Contact: Nichole M. Martin, AICP, Planner II
Contact Information: 614.410.4635, nmartin@dublin.oh.us
Case Information: www.dublinohiousa.gov/pzc/20-177
RESULT: The Commission was supportive of the proposed amendments to the Bridge Street District
Code to incorporate an Amended Final Development Plan procedure. The Commission had no
comments or questions regarding the proposed modifications to Zoning Code Section 153.066.
MEMBERS PRESENT:
Jane Fox Absent
Warren Fishman Yes
Kristina Kennedy Yes
Mark Supelak Yes
Rebecca Call Yes
Leo Grimes Yes
Lance Schneier Yes
STAFF CERTIFICATION
_____________________________________
Nichole M. Martin, AICP, Planner II
Planning and Zoning Commission
Meeting Minutes of February 18, 2021
Page 10 of 18
Ms. Call stated that the Commission had established a good rapport with the Primrose team. The result is a
wonderful product that will meet the long term -- 50 to 100-year, planning objectives of the City. The goal is
to make Dublin an attractive community in which to live, work and play, which will now include Primrose.
Ms. Call inquired if the applicant had any objections to the proposed conditions.
Ms. Miller responded that they had no objections.
Mr. Grimes moved, Ms. Kennedy seconded approval of the Final Development Plan with the following six
conditions:
1) The applicant replace the metal siding dumpster gate with a synthetic wood gate and verify
that the height of the enclosure is one-foot taller than the enclosed dumpster, subject to staff
approval prior to building permit submittal;
2) The applicant work with staff to establish a legally binding agreement to require consolidated
open space for Lots 1 and 2 to be constructed with the future development of Lot 2, subject
to staff approval;
3) The applicant continue to work with staff to finalize the landscape plan prior to submission of
a building permit;
4) The applicant work with the City Forester to determine species, location, and planting of street
trees prior to issuance of building occupancy;
5) The applicant work with staff to finalize the photometric plan prior to submission of a building
permit; and
6) The applicant continue to work with staff to determine final details and locations of the
benches, planters, and bike racks, subject to staff approval.
Vote: Mr. Fishman, yes; Mr. Supelak, yes; Ms. Call, yes; Mr. Grimes, yes; Ms. Kennedy, yes; Mr. Schneier,
yes.
[Motion passed 6-0]
Ms. Call inquired if the applicant had any objections to the conditions of approval for the Final Plat.
Ms. Miller indicated that they had no objections.
Mr. Grimes moved, Ms. Kennedy seconded a recommendation of approval of the Final Plat to City Council with
the following three conditions:
1) The applicant make any minor technical adjustments to the plat prior to submission for
acceptance to City Council;
2) The applicant provide an approved street name for the neighborhood street, prior to the
submission to City Council; and
3) The applicant work with staff to identify and document a cross access easement, between
Lots 1 and 2, for the internal access drive, subject to staff approval.
Vote: Mr. Schneier, yes; Mr. Supelak, yes; Mr. Fishman, yes; Ms. Kennedy, yes; Ms. Call, yes; Mr. Grimes,
yes.
[Motion passed 6-0]
CODE REVISION INTRODUCTIONS
5. Bridge Street District - Amended Final Development Plan, 20-177ADMC, Administrative
Request - Code Amendment
Introduction to amend Zoning Code Section 153.066 to add an Amended Final Development Plan provision to
the development review process for the Bridge Street District in alignment with other review processes.
Planning and Zoning Commission
Meeting Minutes of February 18, 2021
Page 11 of 18
Case Presentation
Ms. Martin stated that this was a request for an amendment to Chapter 153.066, which was the development
process section of the Bridge Street District Code. The Bridge Street District is a form-based area of the City
located within the I-270 corridor, and contains a number of zoning districts. In 2019, the review process
procedures were amended, largely in name only. The names of the case types were changed to align with
the Planned Unit Development (PUD) case types, which are Concept Plan, Preliminary Development Plan, and
Final Development Plan (FDP). In the PUD review process, should there be changes subsequent to the
approval of a FDP, there is the opportunity for the applicant to seek consideration of an Amended FDP. This
step was not included with the 2019 Code Amendment, which was an oversight of staff. Currently, the Bridge
Street District review process requires that an amendment or modification to an existing developed site would
be either a Minor Project Review, if very minor, or in most cases require the three-step review process. The
latter could be quite onerous if an applicant were making only site or building modifications that exceed the
threshold for the Minor Project Review. The proposed amendment will include the addition of the AFDP process
as well as modifications to cross-references that have been influenced by the changes. The amendment will
also provide a new cross-reference for parking plans, which was also been an error in the 2019 amendment.
Commission Questions/Discussion
The Commission was supportive of the proposed amendment.
Public Comments
No public comments were received on the case.
Ms. Martin clarified that the proposed amendment is an Introduction, so if there are no objections, this item
would be scheduled on the Commission’s March 4 agenda for consideration.
Ms. Noble indicated that Cases 6, 7 and 8 would be considered together, all of which are also Introductions
to gain the Commission’s input.
6. Specialty Hospitals, 21-009ADMC, Administrative Request – Code Amendment
An introduction to amend the Zoning Code to add provisions for Specialty Hospitals.
7. Garage Conversions, 21-010ADMC, Administrative Request – Code Amendment
An introduction to amend Zoning Code Section 153.170 to address the conversion of garages into
habitable spaces in residential zoning districts.
8. Technology Flex District, Vehicle Repair - Major, 21-011ADMC, Administrative Request –
Code Amendment
An introduction to amend Zoning Code Section 153.044 to modify permitted uses related to Motor Vehicle
Repair – Major in the Technology Flex District.
Case Presentations
Ms. Noble stated that these three Code modifications are proposed to address issues experienced with the
current Code. The first, Specialty Hospitals, currently is not a land use classification within the City. These
facilities have been included within the Hospital classification. Recently, there has been concern that they
should be defined separately. If so, how should they be defined, what development review process should be
followed, and where should they be permitted? The second Code amendment proposed relates to Residential
Districts, which are requests to convert residential garages into habitable spaces. This is primarily an
administrative process, so usually typically does not require Planning and Zoning Commission review.
However, the item has been a source of staff and Council discussions, due to comments and concerns
PLANNING 5200 Emerald Parkway Dublin, Ohio 43017 phone 614.410.4600 dublinohiousa.gov
RECORD OF DISCUSSION
Planning & Zoning Commission
Thursday, November 5, 2020 | 6:30 pm
The Planning and Zoning Commission took the following action at this meeting:
5. Bridge Street District – Amended Final Development Plan
20-177ADMC-INF Administrative Request – Code Update-Informal Review
Proposal: To add an Amended Final Development Plan to the review processes in
the Bridge Street District (Zoning Code Section 153.066) to align with
other processes.
Request: Informal review and feedback on a potential future Zoning Code
Amendment.
Applicant: Dana L. McDaniel, City Manager, City of Dublin
Planning Contact: Claudia D. Husak, AICP, Senior Planner/Current Planning Manager
Contact Information: 614.410.4675, chusak@dublin.oh.us; and
Case Information: www.dublinohiousa.gov/pzc/20-177
RESULT: The Commission provided positive feedback to staff regarding the inclusion of an Amended
Final Development Plan process to the Bridge Street Code to ensure a more streamlined and
efficient review process for less complex development projects. The Commission supported
staff bringing forth a Code amendment to address this topic at a future meeting.
MEMBERS PRESENT:
Jane Fox Yes
Warren Fishman Yes
Kristina Kennedy Yes
Mark Supelak Yes
Rebecca Call Yes
Leo Grimes Yes
Lance Schneier Yes
STAFF CERTIFICATION
_____________________________________
Jennifer M. Rauch, AICP
Planning Director
DocuSign Envelope ID: 8A99E04A-8011-4882-AE9B-D37E68CDCC5D
Planning and Zoning Commission
Meeting Minutes of November 5, 2020
Page 10 of 11
[Motion passed 7-0]
INFORMAL DISCUSSION
5. Bridge Street District – Amended Final Development Plan, 20-177ADMC,
Administrative Request – Code
Ms. Call stated that this is a proposal to add an Amended Final Development Plan to the review
process in the Bridge Street District (Zoning Code Section 153.066) to align with other processes.
Staff Presentation
Ms. Husak stated that staff is seeking informal feedback on a potential future Zoning Code amendment
regarding the inclusion of an Amended Final Development Plan option in the Bridge Street District
review process. This was discussed previously at the October 1, 2020 Commission meeting. Included
in the meeting materials are: the current criteria for the Amended Final Development Plan (AFDP) in
the PUD process; the criteria for the Final Development Plan (FDP) in the BSD Code; and the Minor
Project review criteria in the BSD Code. The intent is that the AFDP process would exist between the
Minor Project and the existing Final Development Plan. Staff is requesting the Commission’s input on
the two review criteria in the PUD vs. the BSD as well as the eligibility criteria for the Minor Project.
In the PUD provisions, any application, regardless of how major or minor, that has previously been
reviewed as a Final Development Plan is eligible for an Amended Final Development review. In the
BSD provisions, this option only exists if the modification can fit within the Minor Project criteria. Under
the current standards, a substantial site or building modification to an existing commercial site would
require the same level of review as new construction, which is very cumbersome, time consuming and
costly for the applicant and staff. That may deter owners from making improvements. In order to
ensure the scope of the review process matches the scope of a proposed project, staff recommends
the inclusion of an AFDP process in the BSD review process.
Public Comment
No public comment on the case was received.
Commission Discussion
Ms. Call stated that she believes this process change is warranted.
Mr. Supelak stated that he is generally in favor of the recommendation, but further refinement of the
process might be needed.
Ms. Call stated that if the Commission is supportive of staff proceeding with developing the proposed
BSD Code language, there would be opportunity to refine the process when the proposed language is
presented for the Commission’s consideration.
Mr. Grimes stated that the proposal is common sense. It will make it easier for staff, developers and
property owners to make needed improvements, decreasing the time and cost of doing so. They can
invest their money in the property rather than in the process.
Ms. Fox stated that she is interested in seeing the property improvement process in the BSD made
easier and less costly. However, the AFDP language mentions development of open spaces, lighting,
driveways, signage and landscape plans; it does not mention the intent of the BSD for pedestrian
connectivity and street vitality. Consequently, property owners’ plans for renovation would not include
that element. The intent of invigorating of streetscape needs to be emphasized repeatedly; otherwise,
the Commission is not going to get what is desired in the BSD.
Commissioners were supportive of staff drafting a proposed amendment for the BSD Code review
process for Commission consideration, with inclusion of the intent for invigorating the streetscape.
Planning and Zoning Commission
Meeting Minutes of November 5, 2020
Page 11 of 11
COMMUNICATIONS
Proposed 2021-2022 PZC meeting dates will be revised and provided at the next meeting for
consideration.
The next regularly scheduled PZC meeting is scheduled for Thursday, December 10 at 6:30
p.m.
A joint meeting of Council/PZC/ARB/BZA is scheduled for December 14 to provide an update
re. policies, challenges and issues.
A tentative second PZC meeting date in December 2020 to accommodate the number of
cases (perhaps following the 12/14 joint meeting) will be recommended by staff.
ADJOURNMENT
The meeting was adjourned at 8:20 p.m.
Rebecca Call
Chair, Planning and Zoning Commission
Judith K. Beal
Deputy Clerk of Council