An application for Conditional Use shall be administered as follows:
(a) Initial Review. Within three (3) business days of receipt, the Community Development Administrator shall review the application documents. If the submission is deficient, the Community Development Administrator shall notify the applicant of the changes or additional information needed. When the submission is complete, the Community Development Administrator shall accept the application for review.
(b) Staff Review. The Community Development Administrator shall transmit copies of the application documents to the City staff and municipal consultants for review. The City staff and the consultants shall transmit their written comments and recommendations to the Community Development Administrator within ten (10) business days of receipt for review.
(c) Public Hearing. After the application review is completed the Community Development Administrator shall schedule the application for hearing before Planning Commission. Members of the Planning Commission shall receive copies of the application documents; consultant's review comments and recommendations; City staff's review and recommendations; and such other available documents and information which may assist the members of the Planning Commission in making a decision. The Community Development Administrator may include a draft Announcement of Decision with finding of facts.
(d) Public Notice. Prior to the hearing before the Planning Commission, a Notice of Public Hearing shall be:
(1) Published in a newspaper of general circulation in the City at least ten (10) days before the Planning Commission meeting. The notice shall state the date, time and place of the public hearing; the conditional use requested in the application; and a statement that any interested party may be heard at the meeting.
(2) Mailed at least ten (10) calendar days before the Planning Commission meeting to the applicant and all owners of land within 200 feet of the boundary of property that is the subject of the application. The notice shall set forth the date, time and place of the public hearing, the conditional use requested in the application and a statement that any interested party may be heard at the meeting. The notice shall be sent to each owner at the tax mailing address listed in the property records of the Geauga County Auditor. Failure of delivery of the notice shall not invalidate Planning Commission action taken on the application.
(e) Testimony at Public Hearing. Any person may testify at the public hearing. All testimony shall be given under oath. A person who testifies shall be subject to questioning by members of the Planning Commission and the applicant. The Planning Commission shall consider competent testimony and evidence, reports and staff comments and recommendations. The Planning Commission may recess a public hearing to a later date, and no further public notice shall be required. After the presentation of evidence and comments by the Commission members, applicant and City representatives, the hearing shall be closed.
(f) Review of Application and Documentation. The Planning Commission may request additional information for complete review of the issues raised by the applicant. Additional reports, data, documents, plans, comments or expert opinions shall be received by, or submitted to, the Community Development Administrator and timely transmitted to the Planning Commission.
(g) Decision. The Planning Commission shall review and discuss the application, comments and recommendations of the City staff and consultants, the evidence and testimony presented at the public hearing and shall apply the conditional use criteria (see Section 1115.11). The Planning Commission shall review the development plan for the Conditional Use according to the review process in Chapter 1111.
(1) After closing the hearing, the Planning Commission shall discuss the development plan and findings of fact that address each of the criteria listed in Section 1115.11.
(2) The Planning Commission shall approve a Conditional Use when the record supports a finding that the application conforms to the review criteria for a conditional use. The Planning Commission may approve the application as submitted, attach conditions to the approval, approve the application with the condition of later approval of a development plan or deny the application.
(3) The Announcement of Decision shall include findings of fact and discuss evidence in the record that supports the general criteria for all conditional uses and the requirements for the proposed conditional use in Section 1115.11 and Chapter 1145 (Conditional Use and P* Use Regulations). The Commission may vote upon the application, incorporating the adopted findings of fact and such terms and conditions as it may require, for final vote within thirty-five (35) calendar days.
(4) If the Planning Commission denies the application, the Announcement of Decision shall include findings of fact and state the grounds for denial.
(5) Within ten (10) business days of the decision, the Community Development Administrator shall transmit a copy of the Announcement of Decision to the applicant and Secretary of Planning Commission and the Clerk of Council.
(Ord. 3273. Passed 5-9-24.)