A. Submission of Application.
The owner or owners of a tract of land containing fifty (50) acres or more may request a change in zoning to the TPD District in accordance with the provisions of Chapter 1133 and the following requirements.
B. Pre-application Procedure.
1. The applicant shall meet with the Planning Commission prior to the submission of the preliminary site development plans. The purpose of this meeting is to discuss early and informally the intent and effect of the District regulations and the criteria standards contained in this chapter to familiarize the developer with the City's Comprehensive Future Land Use Plan, the Major Thoroughfare Plan, the Parks and Open Space Plan, this Zoning
Code and the drainage, sewerage and water system for the City, to discuss the physical characteristics of the site and the environmental impact of the proposed development, and to explain the rezoning requirements.
2. Generalized conceptual plans (in sketch form) shall be submitted. They shall indicate the approximate location of all buildings, the type and location of parking facilities and access points, the locations of public and private streets and drives, and the locations, type and approximate acreage of all open spaces. Twenty (20) copies of the conceptual plans shall be submitted.
3. The Commission shall discuss with the developer the changes, if any, that will be required and the procedure for submitting the formal site development plan. The Commission's approval at this stage should indicate a general willingness to approve the proposed development in principle if the applicant meets the necessary requirements of this chapter and any and all additional requirements and conditions imposed by the Commission.
4. Based on the review of the generalized conceptual plan, the Commission may approve the request for rezoning prior to the submission of the final plan.
C. Submission of Final Site Development Plans.
After the pre-application procedure, the applicant may submit final site development plans to the Commission. These plans shall conform with all requirements set forth in this section. Twenty (20) copies of the plans shall be submitted.
1. Survey Plat.
There shall be submitted, on one or more drawings as needed, a survey plat prepared by a professional engineer or surveyor registered in the State of Ohio, to which the registration seal of such professional engineer or surveyor must be affixed. The survey plat shall contain the following information:
a. A vicinity map drawn to scale showing the location of the project within the City, dedicated streets, easements, any proposed lots, any proposed sites and the location of the perimeter boundary of the area included in the application;
b. A boundary survey or a boundary map containing a point of reference to a permanent monument or the centerline intersection of two (2) public street rights-of-way, showing the dimensions and bearings of the District and proposed stages;
c. A topographic survey of all land within the proposed development, showing two-foot contours or less as required by the Commission in order to delineate the character of land within the proposed project;
d. A drawing indicating all significant features of the proposed development, including wooded areas, existing buildings and structures, dedicated streets, utility lines and easements, water and sewer lines, watercourses and drainage channels, significant historic structures and similar land features;
e. A soils map indicating the soil type and drainage characteristics as required by the Commission; and
f. The name, address and telephone number of the professional engineer or surveyor making the survey and the date of the survey.
2. Site development plans.
There shall be submitted, on one or more drawings as needed, site development plans prepared by an architect, landscape architect or professional engineer registered in the State of Ohio, to which the registration seal of such architect, landscape architect or professional engineer shall be affixed. The site development plans shall contain the following information:
a. The name of the development and the name, address and telephone number of the property owner, the developer and the architect, landscape or professional engineer and other individuals assisting in the preparation of the site plans, as well as the date, north point and scale;
b. The zoning classification of the proposed development and the surrounding properties;
c. The location and use of all proposed buildings, including height, setback lines, if any, and yard areas;
d. The proposed general grading and/or other methods to be used for adequate drainage control;
e. The location, use and acreage of all required open spaces and access thereto; and
f. Pedestrian circulation features, including walks and adjoining paved areas for pedestrian use. Section 901.08 of the Streets and Public Services Code shall not apply in TPD Districts.
g. The location of all public and private streets and drives, the width of rights-of-way, the types and widths of pavements, and the approximate location of all permanent access ways from publicly dedicated streets, roads or highways;
h. The location and types of surfaces of all parking areas and loading areas and the number of parking spaces;
i. The proposed sanitary sewers, storm sewers and central water utilities, showing their connections with the existing system; and
j. A general landscaping plan, showing all existing trees to be retained and indicating all proposed plants and walls, fences, paved areas and similar structures; and the location, height, orientation and square footage of free-standing signs.
3. Development in stages.
Developments larger than five (5) acres may be built in stages. A stage shall be at least five (5) contiguous acres in size. The last proposed stage remaining in the project, which may be less than five (5) acres in size, shall be considered in its entirety as one stage. Each proposed stage submitted for approval shall contain all the requirements listed in this section
4. General requirements.
a. Amendments to the formal plans may be sought by the applicant in accordance with the procedures required by this chapter for original approval, subject to the same limitations and requirements under which such plans were originally approve.
b. The owner or owners may from time to time request modification of the approved final plans from the Commission in a manner consistent with the approved preliminary plans to allow for changed circumstances and conditions unforeseen at the time of original approval.
c. Approval by the Commission shall expire after a period of two (2) years from the date of approval of the final plans for the entire proposed development or for any particular stage, whichever is applicable, unless the development (or stage) is fifty percent (50%) completed in terms of public improvements, including streets, parks and common open spaces, walkways and utility installations, such as electric, gas, water and sanitary sewers, in which latter case an extension of time may be granted by the Commission not to exceed two (2) successive periods of two (2) years each.
d. All proceedings brought under this chapter shall be subject to the rules of procedure of the Commission where not inconsistent with the procedures otherwise stated in this section.
e. The Commission shall review and take action upon the final plans submitted within thirty (30) days, or within such further time as agreed to by the applicant. Upon completion of the review, the action of the Commission shall be noted on two (2) copies of all submitted plans, referenced and attached to any conditions determined necessary for approval. One (1) copy shall be retained by the Commission and filed with the records of the City, and the other returned to the applicant.
Upon approval of the final plans, the signature of the Chairperson of the Commission shall be affixed to all documents. Building permits may then be issued. If the Commission determines that a plan should be disapproved and a building permit shall not be issued, the Commission shall forthwith state on the record the reasons for such determination and shall transmit to the applicant an attested copy of the reasons and recommendations thereon. Approval of plans shall be conditioned upon compliance with all other applicable statutes, ordinances, resolutions and regulations of the City and the State.
5. Effect of approved site development plans.
The building permits issued on the basis of the submitted materials, including site development plans, shall authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and any other use, arrangement or construction at variance with the approved final plan shall be deemed a violation of this chapter and punishable under Chapter 1199. When any of the terms, conditions or restrictions upon which approval was granted are not being followed, the Commission may revoke such approval.
(Ord. 98-176. Passed 8-3-98.)