235.490 Town Center Development Plan | Wood Village Development Code

235.490 Town Center Development Plan.

A. Purpose. A Development Plan is required for all sites in the Town Center Zone to ensure that transportation and other facilities will support the anticipated development, and comply with requirements of the zone. Figure 235-1 is the adopted plan for the entire Town Center Zone, and is a Concept Plan Regulating Diagram adopted using a Type III procedure. The adopted Concept Plan Regulating Diagram will provide the framework for the review of applicant submitted Development Plans for portions of the site.

B. When Required. Approval of a Development Plan meeting the requirements of this section is required before any land division or other development may occur on a site in the Town Center Zone. Proposed development not identified in the current code or designated in Figure 235-1 may be enabled by an applicant initiated Town Center Development Plan as described in subsection (C)(2)(b)(iii) of this section.

(a) Prior to submitting an application for a Development Plan, the applicant shall submit a preliminary development plan to City staff for review. Such plan shall consist of a general site plan and brief narrative containing the following elements:

i. Proposed land uses and estimated FARs or densities;

ii. Preliminary estimate of vehicle trip generation from proposed uses;

iii. Street and parking circulation system;

iv. Water transmission lines;

v. Major storm and sanitary sewer facilities;

vi. Statement of compliance with the adopted Concept Plan Regulating Diagram (Figure 235-1); and

vii. Minor modifications requested, if any.

(b) City staff shall review the preliminary development plan and prepare a pre-application report responding to it within thirty (30) days of submittal. The report shall be based upon the Comprehensive Plan, City of Wood Village Vision statement for 2030 (June 2017) and compliance with the standards and regulations of this section.

(a) The applicant must submit a Development Plan application within one (1) year of pre-application plan review. Otherwise, the pre-application review will expire and another pre-application review will be required prior to resubmission of the Plan.

(b) The Development Plan shall be reviewed under the procedures listed in Sections 510 through 530. The decision making authority provided in the Code may approve, approve with conditions or deny the Plan based on the requirements of Section 235.110. For Type III, the decision of the Planning Commission shall be in the form of a recommendation to the City Council. For Type III hearings, the City Council must review the Planning Commission's decision and conduct a de novo hearing to determine whether the Plan should be approved, approved with conditions or denied.

i. A Development Plan that is consistent with the Concept Plan Regulating Diagram (Figure 235-1) may be approved, approved with conditions, or denied through a Type I procedure.

ii. The Planning Commission may approve, approve with conditions, or deny, through a Type II procedure, a proposed Development Plan that differs from Figure 235-1 in ways that are consistent with the “Minor Changes” limitations in subsections (C)(3)(b)(i) through (C)(3)(b)(iv) of this section.

iii. Through a Type III procedure, the Planning Commission and City Council may approve, approve with conditions, or deny a proposed Plan that differs from Figure 235-1 in ways that are not consistent with the “Minor Changes” limitations in subsections (C)(3)(b)(i) through (C)(3)(b)(iv) of this section.

iv. Denial of a Plan shall not bar an applicant from proposing to amend the Concept Plan Regulating Diagram (Figure 235-1) before or concurrently with an application for Plan approval.

(a) Major Changes. Major changes in the Development Plan after it has been adopted shall be considered the same as a new application and shall be made in accordance with the procedures specified in this section.

(b) Minor Changes. Minor changes in the Development Plan may be approved by the Planning Commission; provided, that such changes:

i. Do not change densities;

ii. Do not change boundaries;

iii. Do not change the location or amount of land devoted to specific land uses; and

iv. Do not change the location of streets, paths and plazas, except as permitted by the standards of Section 235.420, Section 235.455 and Figure 235-1.

D. Criteria. An application for a Development Plan shall be approved if the proposal meets all of the following criteria. The City, in approving the application, may impose reasonable conditions of approval, consistent with the applicable criteria.

(1) The application is consistent with the Wood Village Comprehensive Plan and the Wood Village Vision 2030 (June 2017); and

(2) The application complies with all of the applicable provisions of the Town Center Zone including, but not limited to, the purpose of the zone, the Town Center Concept Plan Regulating Diagram, Section 235.420 and additional sections referenced therein, Street and Path Types, Development Standards, Building and Façade Standards by Street Type and other zone standards; and

(3) The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations; and

(4) The negative impacts of the proposed use, if any, on adjacent properties and on the public can be mitigated through application of other Code standards, or other reasonable conditions of approval; and

(5) All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to serve the proposal, consistent with City standards; and

(6) The proposal meets all existing conditions of approval for the site or use, as required by prior land use decision(s), as applicable.

E. Conditions of Approval. The City may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, one (1) or more of the following:

(1) Requiring site or architectural design features which minimize environmental impacts such as noise, vibrations, exhaust/emissions, light, glare, erosion, odor, and/or dust;

(2) Require or permit larger setback areas, lot areas, and/or lot depth or width;

(3) Requiring landscaping, berms, screening, drainage, water quality facilities or specialty screening or improvements.

(1) Town Center Development Plan Diagram. The Development Plan shall address the entire area of the proposed development site.

(a) In addition to the requirements of Section 500.110, a Development Plan Diagram must include the following:

i. A vicinity map, including zoning and uses of adjacent sites;

ii. Scale (at least one (1) inch equals fifty (50) feet or larger);

iii. North arrow;

iv. Date;

v. Approximate location and size of planned land uses including areas not covered by buildings;

vi. Site topography at a contour interval not to exceed five (5) feet; and

vii. Locations of all natural features including, but not limited to, any existing trees of a caliper greater than six (6) inches dbh, and any natural drainage ways, wetlands or creeks on the site and identification of any contemplated modifications of natural features.

(b) The Development Plan shall include a diagram showing the approximate location of public facilities and services to support planned land uses. The public facilities shown shall include:

i. Names and locations of proposed streets and/or paths consistent with the street design type locations depicted in Figure 235-1, except where topographical, arterial street access standards or other physical or regulatory constraints conflict with such alignments;

ii. Additional pedestrian pathways, if their general locations can be reasonably anticipated;

iii. Transit stops, if their general locations can be reasonably anticipated;

iv. Major storm and sanitary sewer facilities;

v. Major water transmission lines;

vi. Public facilities, including streets, sewer, water and storm sewer on adjacent properties;

vii. Street and pedestrian connections, if any, to existing streets or paths on adjacent properties;

viii. Any other expected public facilities if their general locations can be reasonably anticipated;

ix. The Open Space requirement of Section 235.460;

x. The Public Plaza requirement of Section 235.450 and Table 235-5; and

xi. The Gateway requirement of Section 235.470.

(c) The Development Plan diagram shall include maximum building footprints and shall indicate the general expected location of residential uses, commercial and limited industrial uses, any areas of mixed use, and any existing buildings to remain. It should be generally understood which streets, paths and open spaces future buildings will be oriented to.

The Town Center Development Plan may include a Phasing Plan to illustrate the anticipated sequence of development projects within the development site, how each development project can comply with applicable requirements including adequate parking ratios for proposed uses, and how development at build-out can comply with the applicable ultimate minimum FAR requirement for the development site.

(2) Town Center Development Plan Narrative. The Town Center Development Plan shall include a narrative explaining how the following requirements are met:

(a) Findings for the criteria of subsection D of this section.

(b) The Transportation Policies of the Comprehensive Plan.

(d) The Limitations on Large Retail Use requirement of Section 235.220.

(e) Any other requirements of this Code that the Planning Commission or City Council determine must be addressed in the Town Center Development Plan in order to ensure conformance with those requirements.

G. Effect of Plan. A Development Plan is not a subdivision, planned unit development or specific design review approval for land development. An applicant must obtain separate approvals for any development, including design review, subdivision or planned unit development approvals; such approvals may be requested and processed concurrent with a proposed Development Plan review in a consolidated land use decision procedure. A project or land division that is generally consistent with the Concept Plan Regulating Diagram may proceed under the regular provisions of this Development Code. If a proposal would, in the judgment of the assigned reviewer of this Code, be clearly inconsistent with other applicable provisions of this Development Code including the 2030 Vision Plan (June 2017) and Comprehensive Plan, the applicant must seek amendment of the Concept Plan Regulating Diagram either before or concurrently with the application for design review, subdivision or planned unit development approval. (Ord. 3-2021 § 1 (Exh. A))