Establishment of an Amberley Green District (AGD) designation and all subsequent development and redevelopment within an established AG district shall be conducted in accordance with the following processes.
(A) Concept plan submission. The submission of a concept plan is required as the initial process for establishment of the AGD district. The applicant is encouraged to engage in informal consultations with the Village Building Commissioner prior to preparing the concept plan, it being understood that no statement or representation by the Building Commissioner shall be binding upon the village. The applicant shall prepare a concept plan and shall submit the number of copies of this concept plan as specified by the Building Commissioner along with the completed application to the Planning Commission for consideration. This concept plan submission shall contain the following:
(1) A written text setting forth in detail the criteria and conditions which the developer will follow in determining final elevations, locations of improvements, maximum slope, size, density, character and management of the development for the purposes of a final development plan;
(2) An existing conditions map showing existing topography, including the location of natural features such as creeks, ponds, significant stands of trees and other nature features of note requiring special consideration, as well as man-made features including easements, roads, sewer lines, adjacent property lines and all existing structures located on the property;
(3) A preliminary development plan map of the property showing land use, general topography and physical features and the following information:
(a) Property boundaries;
(b) Proposed street plan indicating all surrounding streets and access points as well any private streets or walking trails;
(c) Proposed pedestrian circulation system including sidewalks and hike/bike trails;
(d) General location and size of different land use areas;
(e) Density levels or maximum building size proposed for each area;
(f) General location of schools, parks or other community facility sites, if any;
(g) Setback and height requirements for each area;
(h) Proposed drainage plan;
(i) General utility layout;
(j) Parking layout for non-residential uses;
(k) Preliminary geotechnical data indicating soil types for any area containing slopes in excess of 20%;
(l) Any other information specifically requested by the village to adequately review the proposed AGD district.
(4) A written description of the management of any open spaces or common areas describing the form of organization to be followed in the establishment of a property owners' association in the event that the care and maintenance of such common areas is to be the responsibility of the property owners. This description shall also include any proposed covenants and restrictions designed to govern open spaces or other common areas;
(5) Time schedule of projected development if construction is to extend beyond a two-year time period.
(B) Village Planning Commission review and recommendation. The Village Planning Commission shall study the application and concept plan and shall hold a public hearing within 35 days of the time of application. Following this public hearing, the Commission shall make a report to the Village Council recommending approval, approval with modification, or disapproval and the reasons therefor. The Commission may explicitly impose special conditions relating to any pertinent development characteristics as needed in making a recommendation. The Commission shall also have categorical ability to recommend varying or relaxing the standards of this subchapter and the Zoning Ordinance as part of the recommendation provided that any such request is found to meet the intent of the AGD district.
(C) Conditions of approval. Upon receipt of the recommendation of the Village Planning Commission, the Village Council shall study and review the proposed concept plan and shall approve, modify, or disapprove the application on the basis of (1) all application requirements have been satisfied and (2) finding that the following specific conditions are met:
(1) That each individual section of development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained;
(2) That the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts in these regulations;
(3) That the internal streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic and that a traffic study has been completed to ensure adequate capacity for traffic in the vicinity of the development if requested by the Building Commissioner, Planning Commission, or Village Council;
(4) That any part of a development not used for structures, parking and loading areas or streets shall be landscaped or otherwise improved;
(5) That the development will not impose an undue burden on public services and facilities such as fire and police protection;
(6) That the density of each individual phase of the development, as well as the density of the entire project shall not exceed the maximum allowable density as permitted in the AGD district;
(7) That the development is consistent or can be made consistent with the MKSK Conservation Study adopted by Village Council in Resolution 2021-1 (as may be reviewed and amended from time to time), and any and all other land use, comprehensive, connectivity, environmental, or slope analysis study(ies) or plan(s) duly adopted by Village Council, unless, upon review, it is found that consistency should not be required due to new information not available when the MKSK Study or other plan(s) was adopted or detailed sub-area studies indicate that compliance is not practical or feasible.
(D) Village Council action. Council shall have 35 days from the date of the report and recommendation of the Planning Commission to hold a public hearing for consideration of the Concept Plan. Action by the Village Council shall be as follows:
(1) If from the facts presented, the Council is unable to make the necessary findings specified in division (C), the application shall be denied or returned to the applicant for clarification. In taking action, the Council may deny the concept plan or may approve said plan subject to specified amendments. Council shall also have categorical ability to vary or relax the standards of this chapter and the Zoning Ordinance as part of the approval provided that any such request is found to meet the intent of the AGD district. If the application is approved by Council, the approval of the concept plan shall be limited to the general acceptability of the land uses proposed, density levels and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility which are to be determined in subsequent preparation of detailed site development plans. Approval of the concept plan shall constitute the creation of a separate "AGD" Zoning District. The new zoning designation shall replace any existing zoning classification.
(2) At the time of adopting any ordinance establishing an "AGD" District, the Council shall make appropriate arrangements with the applicant, which will ensure the accomplishment of the public improvements and reservation of common open space of the public improvements shown on the approved concept plan.
(E) Final development plan approval process. Once the concept plan has been approved by the Council, a final development plan for each section of the overall development must be reviewed and approved by the Building Commissioner prior to the issuance of any Zoning Certificate. The final development plan shall be in accordance with the original concept plan; shall be prepared for the applicant by a professionally competent engineer, architect and/or landscape architect; and shall include the following:
(1) Site plan indicating lot lines, building outlines, off-street parking and loading spaces, pedestrian walkways and vehicular circulation;
(2) Preliminary building plans, including floor plans and exterior elevations;
(3) Landscaping and buffering plans;
(4) Evidence that the development will not impose an undue burden on public services and facilities such as fire and police protection;
(5) Specific engineering plans, including site grading, street improvements, drainage and utility improvements and extensions as necessary. Approval of each final development plan for each unit of an AGD District shall be valid for one year. No zoning certificate or building permit shall be issued for any structure within the AGD District until the final subdivision plat has been recorded with the County Recorder, if applicable.
(F) Amendments to approved concept and final development plans. An approved concept plan or final development plan within the AGD district may be amended by the following the procedures:
(1) Minor adjustments. Minor adjustments to an approved concept plan or final development plan which become necessary because of field conditions, detailed engineering data, topography, or critical design criteria may be authorized by the Building Commissioner. These minor adjustments may be permitted, provided that they do not increase density, do not including any variances to the Zoning Code, decrease the number of parking spaces, or allow buildings closer to abutting residential property lines.
(2) Major adjustments. Changes to an approved concept plan or final development plan determined to be major adjustments not authorized above and not including any modification of written conditions of approval contained in a Village Council ordinance shall require review and approval by the Village Planning Commission.
(G) Appeals.
(1) Any party aggrieved by the administrative decision of the Building Official concerning a final development plan or minor adjustment to a final development plan may appeal within 30 days of the date of the decision to the Village Planning Commission.
(2) Any other appeal of the legislative action of Village Council concerning a concept plan or the administrative action of the Planning Commission concerning a major adjustment may be appealed following the procedures for such appeal as outlined ih the Ohio Revised Code.
(Ord. 2020-16, passed 1-11-21)