(a) Pre-Application Meeting. The developer is required to meet with the Zoning Inspector, Service Director, and Planning and Zoning Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purposes of this section, the criteria and standards within it, and to familiarize the developer with the PMD process, other provisions of this Ordinance, and the drainage, water and sewer location and capacities to service this site.
No statement or action taken by any City official in the course of these informal consultations shall be construed to be a waiver of any legal obligation of the applicant or of any procedure of formal approval required by the City statutes or rules. Ohio's Open Meeting Laws (Section 121.22 of the Ohio Revised Code) is required to be observed at all meetings involving a quorum of members of the Zoning Commission or Council.
(b) Formal Application with Preliminary Development Plan. After the conclusion of the pre-application meeting, an owner may file a formal application with a preliminary development plan. The preliminary development plan must cover the entire contiguous ownership of the applicant unless the applicant specifically stated in writing that he/she does not intend to develop the withheld portion of the tract for at least five (5) years. At a minimum, the application must include the following information and material:
(1) Name, address, email address and phone number of applicant.
(2) Legal description of property.
(3) Description of existing use.
(4) Present and proposed zoning districts
(5) A vicinity map at a suitable scale, showing property lines, streets, existing and proposed zoning for all property adjacent to and within 200 feet from the proposed site.
(6) A list of all property owners within 200 feet from the proposed site, and their address as appearing on the Pickaway County Auditor's current tax list.
(7) Proposed schedule for the development of the site.
(8) Evidence that the applicant has sufficient control over the land in question to effectuate the proposed development plan.
(9) A traffic impact study prepared, signed and sealed by a Professional Engineer. Vehicle trips shall be determined utilizing the ITE Trip Generator Book (8th Edition or most current publication).
(10) A Preliminary Development Plan drawn to scale, prepared by a registered architect, registered engineer and/or registered landscape architect. Such plan shall contain the following information at a minimum:
A. Selected uses by area or specific building location, allocation of land use by type as measured in acres, adjacent existing land use, right-of-way, and relationship to adjacent land use
B. General location of thoroughfares, including type, as well as location and size measured in number of parking spaces for all off-street parking areas, including curb cuts.
C. Open space and the intended uses therein and acreage provided
D. Residential land uses summarized by lot size, dwelling type and density.
E. Existing and proposed roads, buildings, utilities, permanent facilities, easements, rights-of-way and abutting property boundaries.
F. Physical features and natural conditions of the site including soils, the location of vegetation and existing tree lines.
G. Surface drainage and areas subject to flooding.
H. Preliminary plan for water, sewer, storm drainage and other utility systems, as well as a general analysis by a Professional Engineer attesting to the general engineering feasibility of the project, as proposed.
(11) The applicant may request a divergence from the development and open space standards and mix of use regulations in Chapter 1137. An applicant making such a request shall specifically and separately list each requested divergence and the justification therefore on the Development Plan submittals, with a request that the proposed divergence be approved as part of and as shown on the Development Plan. Unless specifically supplemented by the standards contained in the Development Plan, the development shall comply with the requirements contained in Chapter 1137.
(c) Review Procedure. Five (5) copies and one (1) pdf electronic copy of the application and Preliminary Development Plan shall be submitted to the Zoning Inspector prior to the Submittal Due Date as established by the Planning and Zoning Commission in January each year. Failure to submit a complete application shall result in a refusal of acceptance. The Zoning Inspector shall transmit the complete application package to the Planning and Zoning Commission and other parties as deemed appropriate for review and comment.
(d) Criteria for Recommendations by Planning and Zoning Commission. Before making its recommendation as required in Section 1113.04(c)(1), the Planning and Zoning Commission shall determine whether the facts submitted with the application and presented at the public hearing establish that:
(1) The Preliminary Development Plan is consistent with the purpose, criteria, intent, and standards of the PMD and Zoning Ordinance as whole.
(2) The proposed design standards in Preliminary Development Plan accomplish the goals of the PMD.
(3) The proposed development will be adequately served by essential public facilities and services including, without limitation, roads, sidewalks, and multi-use paths, police and fire protection, drainage structures, potable water and centralized sanitary sewers or other approved sewage disposal systems.
(4) That any proposed divergences provide the benefits, improved arrangement and design of the proposed development and justify the deviation from the development standards or requirements of the Zoning Resolution.
(5) The proposed development can be made accessible through existing city roadways or roadways and lane improvements actually being constructed and opened prior to the opening of the uses in the Development Plan without creating unreasonable traffic congestion in the immediate vicinity of the proposed development or elsewhere in the city.
(6) Such other considerations which promote public health, safety, and welfare and may be deemed relevant by the Planning and Zoning Commission.
(e) Action by Council. Upon receipt of the recommendation by the Commission, the City Council shall hold a public hearing following the procedures in Section 1113.04(c) of this Ordinance. The notice requirements in Section 1113.04(d) shall be followed. Upon approval of the preliminary development plan by Council, the zoning on the property shall be changed to PMD, subject to the referendum requirements of the Ohio Revised Code.
(f) Final Development Plan. Within twelve (12) months from the date of City Council approval of a preliminary development plan, the developer shall submit five (5) five copies of the Final Development Plan to the Zoning Inspector. The Final Development Plan shall be in general conformance with the Preliminary Development Plan.
(g) Contents of Final Development Plan Application. An application for approval of the Final Development Plan shall be filed with the Zoning Inspector prior to the Submittal Due Date established by the Planning and Zoning Commission in January each year, by at least one (1) owner or lessee of property for which the planned unit development is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for Final Development Plan. The Final Development Plan shall be prepared by a registered architect or engineer and, at a minimum, shall contain the following information and materials:
(1) A survey of the proposed development site, showing the dimensions and bearings of the property lines, areas in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses.
(2) All the information required in the Preliminary Development Plan, including the location and sizes of lots, location and proposed density of dwelling units, non-residential building intensity, and land use considered suitable for adjacent properties
(3) A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres on the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population, anticipated timing for each unit; and population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard zoning districts or other resolution governing development.
(4) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations; waste disposal facilities; street improvements, and, nature and extent of earth work required for traffic circulation and street improvements, and nature and extent of earth work required for site preparation and development.
(5) Site plan, showing building(s), various functional use areas, circulation and their relationship.
(6) Architectural renderings and accompanying narrative to discuss in detail the design treatment of all buildings and structures where applicable.
(7) Plans for landscaping
(8) Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of land, and the improvements thereon, including those areas which are commonly owned and maintained.
(h) Action by the Planning and Zoning Commission. Within thirty (30) days from submittal date of a completed application for a Final Development Plan, the Planning and Zoning Commission shall approve, deny or approve with modification, the Final Development Plan. The meeting where this application is considered and acted upon is subject to the Open Meeting Laws of the Ohio Revised Code Section 121.22. However, this meeting shall not be considered a public hearing. Approval shall mean that the Commission finds that the plan is in conformance with the approved Development Plan, and that not significant constraints exist to construction of the project as planned.
The Planning and Zoning Commission's action on a proposed Final Development Plan under this Section shall not be considered to be an amendment to the City Zoning Ordinance but is subject to appeal pursuant to Chapter 2506 of the Ohio Revised Code.
(i) Platting. The creation of new parcels under the PMD shall be subject to the City's subdivision requirements. To reduce the length of the review and approval process, a preliminary subdivision plat can be submitted simultaneously with the Preliminary Development Plan for the rezoning to the PMD. A final subdivision plat cannot be submitted for review until an amendment to the Zoning Ordinance has been approved by City Council and such amendment has become effective.
(j) Amendment of an Approved Final Development Plan. After a Final Development Plan has been approved by the Planning and Zoning Commission, no changes to said plan shall be permitted without approval as set forth below:
(1) Minor Amendments: Within thirty (30) days of the submittal of a written application specifically detailing the changes requested along with a revised Final Development Plan, the Zoning Inspector may administratively approve a minor amendment. Minor amendments are limited to the following:
A. An encroachment of five (5) feet or less into a Side or Rear Setback as shown on the approved development plan, provided such setback abuts property having the same or similar use, as determined by the Zoning Inspector.
B. An increase of no more than five percent (5%) of the lot coverage provided on the approved development plan.
C. An increase of no more than five (5) feet in the maximum building height as shown on the approved development plan.
D. Like for like adjustments to the specified building materials.
(2) Major Amendments:
A. All other proposed amendments, other than the four (4) identified in subsection (j)(1) above, shall be considered major amendments and must be approved through the original preliminary plan process identified in subsection (b) through (e).
(Ord. 02-13-2023. Passed 2-21-23.)