[Zoning Order §4.300, 4-2-2008]
A. 
A development plan application shall be submitted in the "PR-1", "PR-2", "PC", "PB", "PI" and "PM" Districts for the following reasons:
1. 
The rezoning of any property;
2. 
The development of any non-industrial vacant property not previously approved as part of a development plan;
3. 
The redevelopment of any property; or
4. 
A change in the primary use of property that negatively impacts traffic circulation or significantly intensifies traffic generation necessitating the formation and approval of a development agreement by and between the developer and the County Council for identified traffic improvements.
B. 
A development plan need not be submitted for any rezoning to the "RA-5", "LR-2", "R-40", "R-20", "R-10", "R-7", "NC-1", "CC-2" and "NPI" Districts or any development in the "RA-5", "LR-2", "R-40", "R-20", "R-10", "R-7", "NC-1", "CC-2" and "NPI" Districts if the applicant does not propose the modification of any regulation contained in this UDO pursuant to Section 400.1230(E). An applicant may submit a separate application for a preliminary plat with any application for rezoning to the "RA-5", "LR-2", "R-40", "R-20", "R-10", "R-7", "NC-1", "CC-2" and "NPI" Districts and the Planning Commission shall consider such preliminary plat simultaneously at the same hearing at which such rezoning is being considered and not delay consideration of such plat.
[Ord. No. 16-0100 §2, 1-4-2016]
C. 
When the rezoning of property is requested and a development plan is required by this UDO, a development plan shall be submitted and reviewed by the Planning Commission and County Council simultaneously with the rezoning of the property.
D. 
No development plan is required if the County initiates the rezoning of property.
[Zoning Order §4.310, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 12-0628 §2, 9-13-2012]
A. 
The number of copies of the development plan, as required by the Director, shall be submitted when required by Section 400.1210. The development plan shall be accompanied by application requirements contained in Section 400.1140(D).
B. 
The proposed development plan shall also include the following:
1. 
Name of the development and date submitted.
2. 
North arrow and scale not to exceed 1:100.
3. 
Parcel numbers of the property.
4. 
Small key map with north arrow indicating the location of the property within the County.
5. 
Name, address and telephone number of the applicant and the name, address and telephone number of the landowner if different than the applicant.
6. 
Name, address and telephone number of the certified professional who prepared or is responsible for preparing the plan. When a development plan is required and the petitioner is proposing a land use in an existing building or expanding the existing building by either fifty percent (50%) or three thousand (3,000) square feet, whichever is more restrictive, the development plan does not need to be submitted by a certified professional.
7. 
Property lines with distances and bearings.
8. 
Any land areas within the floodway and 100-year floodplain, from the FEMA maps or better, on and within two hundred (200) feet of the site.
9. 
Existing grades or contours, from the U.S.G.S. maps or other maps available to the applicant with the most detail for the area or better, for the entire site and within two hundred (200) feet of the site.
10. 
Identify all existing lots, buildings and structures, public and private rights-of-way, access drives, utility and roadway easements, wet or wet-weather watercourses and other significant physical features for the entire site and within two hundred (200) feet of the site.
11. 
Approximate location, dimension and area in square feet of all proposed buildings, structures and lot arrangements, wherever applicable.
12. 
Proposed general uses of all buildings, structures and lots, whenever applicable, if known.
13. 
Approximate location of proposed streets.
14. 
Approximate location of proposed roadway and utility easements.
15. 
Approximate location and dimension of all parking areas, drives, sidewalks/pedestrian ways.
16. 
Common open space and other amenities as contained in Article VII.
17. 
Proposed maximum number of units, density, lot sizes and type(s) of uses.
18. 
Location, massing and pattern of existing and proposed screening, buffering and landscaping as described in Article XIV.
19. 
A phasing plan, if known. The applicant may modify the phasing plan at its sole discretion, provided however, the County is promptly notified of such modifications.
20. 
A statement that explains the need for modification of the applicable zoning district regulations, if any, as such modification is permitted pursuant to Section 400.1390, shall be submitted in support of the application for the development plan approval.
[Zoning Order §4.320, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016]
A. 
Review Of Plans. County staff shall review and prepare an analysis of the development plan application. The results of this analysis shall be in the form of a staff report for the Planning Commission's consideration.
B. 
Planning Commission Hearing. The Planning Commission shall hold a hearing pursuant to Sections 400.1080 and 400.1110 to consider the development plan application. Notice and notification of the hearing shall be given pursuant to Sections 400.1050 and 400.1060 and notice shall be posted on the property pursuant to Section 400.1070. Upon conclusion of the public hearing, the Planning Commission shall forward its recommendation to the County Council for final action. Following review and recommendation by the Planning Commission, the County Council may take any of the actions set forth in Section 400.1110.
C. 
Criteria For Approval. The Planning Commission and County Council shall use the applicable zoning district regulations as a guide for review of the development plan. If the Planning Commission and/or County Council imposes conditions or restrictions on a development plan, it may designate specific requirements that must be met before an applicant may submit a preliminary plat or site development plan application. The County Council, in establishing conditions of approval, may require the applicant to execute a "development agreement" that is acceptable to both the applicant and the County. This "development agreement" shall become part and parcel to the ordinance approving the rezoning of the property that the development plan represents. In considering any development plan application, the Planning Commission and the County Council may give consideration to the criteria stated Section 400.1140(D), applicable to rezoning and conditional use permit applications, and may also consider the following criteria:
1. 
Development is designed, located and proposed to be operated so that the public health, safety and welfare will be protected;
2. 
Development will not impede the normal and orderly development and improvement of the surrounding property; and
3. 
Development incorporates adequate ingress and egress and an internal street network that provides for the efficient flow of traffic.
D. 
Modification From The Regulations. The Planning Commission may recommend and the County Council may approve, pursuant to the procedures set forth in this Section, a development plan that modifies one (1) or more of the restrictions or regulations found in this UDO including, but not limited to, density and minimum lot size requirements, floor area ratios, building setback requirements, design standards, required minimum public improvements, maximum structure heights, parking, landscaping, buffering and tree protection requirements. Uses permitted as of right, uses permitted with conditions and conditional uses within each district, as set forth in Article V, cannot be modified pursuant to this Subsection, unless qualifying as materially similar uses as specified in Article V of this UDO. A development plan that contains proposed modifications from one (1) or more of the restrictions or requirements of this UDO, as authorized by this Subsection, may be recommended for approval or approved, as the case may be, if the appropriate entity concludes, in addition to the criteria for approval set forth in Subsection (C) of this Section, that the development proposed by the development plan is in the best interest of the County, incorporates sound planning principles and design elements that are compatible with surrounding properties and consistent throughout the proposed project, effectively utilize the land upon which the development is proposed and further the stated goals and intent of this UDO. A separate vote on the proposed modifications is not required by this Subsection. It is the intent of this Subsection that the Planning Commission and the County Council evaluate the proposed development plan to determine if, as a whole, it is consistent with the approval criteria set forth herein and the purposes of this UDO.
E. 
Development Plan In Rezoning Ordinance. Any development plan submitted with a rezoning application shall become part of the ordinance that amends the zoning map.
F. 
Development Plans For Non-Residential Uses Allowed By Right In Residential Districts. The Planning Commission and County Council may also evaluate the following criteria in considering development plans that propose non-residential uses in residential districts.
1. 
The capability of the site to accommodate the building, parking and drives with appropriate open space and safe and easy ingress and egress.
2. 
The degree of harmony between the proposed building and the surrounding neighborhood.
3. 
The appropriateness of the minimum dimensions and areas of lots and yards contained in the applicable zoning district regulations may be considered and increased.
[Zoning Order §4.330, 4-2-2008]
A. 
Requirement. Once a development plan has been approved, changes in the development plan may only be made after approval of a revised development plan.
B. 
Procedure For Revised Development Plan Applications. When an application for a revised development plan is filed, the Director shall determine whether the revised development plan involves substantial changes, minor changes or reconfiguration of building locations and shall notify the applicant within ten (10) days of the nature of the requested changes and of the procedure that applies to consideration of the application for a revised development plan. The determination of the Director may be appealed to the County Council.
C. 
Substantial Changes. Substantial changes, as defined in this Section, to the approved development plan may only be approved by the County Council after review and recommendation by the Planning Commission. A "substantial change" is a change that alters the uses in the proposed plan, increases the density by greater than ten percent (10%) or materially changes the traffic configuration in the plan. Approval of substantial changes to the approved development plan shall follow the procedure for original approval of the development plan set forth in Section 400.1230. If the substantial changes incorporate non-residential uses in a residential district, the standards contained in Section 400.1230(G) shall also be used to evaluate the proposed changes.
D. 
Minor Changes. Minor changes to the approved development plan, as defined in this Section, may be approved by the Director in writing.
E. 
Criteria For Revised Development Plan. In determining whether to approve an application for a revised development plan, the Planning Commission or County Council shall apply the criteria set forth in Section 400.1230(D). In the event that the application for the revised development plan is denied, the previously approved development plan will remain in effect.
[Zoning Order §4.340, 4-2-2008]
No building permit shall be issued as a result of the sole approval of a development plan. Final subdivision plat recording or site development plan approval are necessary prerequisites for building permit consideration.
[Zoning Order §4.350, 4-2-2008]
A. 
No application for a major change in a development plan shall be accepted if any application for substantially the same property has been filed and advertised for public hearing within the preceding sixty (60) calendar days.
B. 
For purposes of Subsection (A) of this Section, the preceding sixty (60) day period shall be determined as follows:
1. 
If there was final action (either approval or denial) on the prior application, the sixty (60) day period shall run from the date of such action.
2. 
If a prior application was withdrawn after being advertised for public hearing, a sixty (60) day limitation on successive applications shall run from the date the application was withdrawn.
C. 
The Director shall determine if an application concerns "substantially the same property" as a prior application. The landowner may appeal any such determination to the County Council.
D. 
No application for a major change in a development plan shall be accepted for a period of six (6) months after any application for substantially the same property has been filed and advertised for public hearing for a second (2nd) time in any preceding six (6) months, unless for reasons beyond the applicant's control.
E. 
The County Council may waive the limitation in this Section for good cause.
[Zoning Order §4.360, 4-2-2008]
A. 
Statement Of Intent. A conceptual development plan is designed to allow review of large-scale, mixed-use developments prior to review of one (1) or more development plans for part or all of the property. A conceptual development plan is not intended to replace a development plan, but rather is designed to provide additional flexibility to review larger developments in the early stages of the development process. A conceptual development plan provides a framework for which phases of the development will occur and when.
B. 
When Allowed. A conceptual development plan will be allowed for any mixed-use development ("PM" Planned Mixed-Use District) that is twenty (20) acres or larger. A conceptual development plan does not substitute for a development plan, but may be reviewed and approved prior to consideration of one (1) or more development plans for the property.
C. 
Submission Requirements. All contiguous property under common ownership, common control or common option to purchase shall be shown on the conceptual development plan and the following materials and information shall be submitted with a conceptual development plan application:
1. 
All information and materials required by Section 400.930, General Application Requirements;
2. 
Total number of dwelling units, if applicable;
3. 
Total square feet of non-residential development;
4. 
General street layout;
5. 
General lot and parcel layout including all structures;
6. 
Typical structure elevations;
7. 
Preliminary water and sanitary sewer availability calculations;
8. 
Conceptual landscape plan;
9. 
Any other information as may be deemed reasonably necessary by the Director to provide adequate review of the application; and
10. 
An existing conditions map showing grades, vegetation and other features.
D. 
Consideration Of Conceptual Development Plans. The Planning Commission shall consider the conceptual development plan at a public hearing pursuant to Sections 400.1080 and 400.1110, with prior notice as set forth in Sections 400.1050, 400.1060 and 400.1070. The Planning Commission shall review and recommend to the County Council the conceptual development plan using the standards and criteria set forth in Section 400.1230. If a rezoning of the property is requested, the conceptual development plan shall be considered simultaneously with the rezoning of the property. Approval of a conceptual development plan shall then become part of the ordinance that amends the zoning map. Approval of the conceptual development plan does not constitute approval of a development plan for any phase shown on the conceptual development plan. By approving the conceptual development plan, the County Council is preserving to itself full legislative discretion to review a development plan for each phase shown on the conceptual development plan or for the entire property, as may be applicable, including review and consideration of all criteria governing development plans as set forth in this UDO.
[Ord. No. 16-0100 §2, 1-4-2016]
E. 
Limitation On Development. No development may occur on any property in planned zoning districts for which only a conceptual development plan has been approved. If the conceptual development plan is used, no construction may occur on any such property until one (1) or more development plans have been approved in accordance with this UDO.