§ 154.84  APPLICANT INITIATED PDO.
   Establishing a PDO District shall require a zoning map amendment pursuant to § 154.66 that shall be reviewed pursuant to the following procedure:
   (A)   Step 1: Preapplication Conference.
      (1)   The applicant shall meet with the GPHPC to discuss the initial concepts of the planned development and general compliance with applicable provisions of this section prior to the submission of the application.
      (2)   During this time, the applicant is strongly encouraged to contact neighboring property owners regarding the applicant’s plans and to solicit input from those property owners.
      (3)   Discussions that occur during a preapplication conference or a preliminary meeting with administration or the GPHPC are not binding on the village and do not constitute official assurances or representations by the village or its officials regarding any aspects of the plan(s) or application(s) discussed.
   (B)   Step 2: Application.
      (1)   Following the preapplication conference with the GPHPC, the applicant may submit an application for a zoning map amendment to the Village Administrator.
      (2)   The application shall include all such forms, maps, and information, as may be prescribed for that purpose by the GPHPC to assure the fullest practicable presentation of the facts for the permanent record. A list of minimum requirements may be adopted by the GPHPC.
      (3)   All applications shall be submitted with the required fees as established in this section.
      (4)   The applicant shall also submit the preliminary development plan simultaneously with the application for a zoning map amendment.
   (C)   Step 3: Submission of the Preliminary Development Plan.
      (1)   The preliminary development plan submission shall be in a form and in quantities as prescribed by this section and by the GPHPC. A list of minimum submittal requirements may be adopted by the GPHPC.
      (2)   Preliminary development plans should generally include the following:
         (a)   Approximate areas and arrangement of the proposed uses and the relationship of abutting land uses and zone districts;
         (b)   The proposed general location of vehicular circulation and method of access to the surrounding roadways;
         (c)   The proposed treatment of existing topography, drainage ways and tree cover;
         (d)   The location of schools, parks, greenspace, community amenities or facilities, if any;
         (e)    Required impact studies and certification of adequate public facilities and services as required in § 154.93(D);
         (f)   Anticipated time schedule of projected development, if the total landholding is to be developed in stages, or if construction is to extend beyond a two year time period;
         (g)   For residential uses, the preliminary development plan shall also include the proposed type of unit, density level, and proposed area setbacks of each residential area, and the type, general location and approximate acreage of the common greenspace. All other miscellaneous and accessory uses shall also be included;
         (h)   In the case of nonresidential uses, the preliminary development plan shall identify the principal and accessory types of uses that are to be included in the proposed development, including their approximate location, size, and intensity. The proposed type, general location and approximate acreage of common greenspace shall also be included; and
         (i)   Any other information required by the GPHPC.
   (D)   Step 4: Public Hearing with the GPHPC.
      (1)   Upon the filing of an application and preliminary development plan for a PDO District amendment (Steps 2 and 3), the GPHPC shall set a date, within 60 days of the application, for a public hearing regarding the proposed amendment application and preliminary development plan.
      (2)   If additional information is deemed necessary to complete its review and recommendation of the proposed preliminary development plan, the GPHPC may, by majority vote of its membership, continue the hearing to a date and time established in the motion to continue the hearing. The public hearing to consider a preliminary development plan shall be concluded within 90 days of the date when such hearing was first held.
      (3)   Notwithstanding the requirements established in division (D)(2) of this section, the application for a preliminary development plan may be tabled or continued for any set period of time upon the mutual agreement of the applicant and the village.
      (4)   Within 90 days of the conclusion of GPHPC’s public hearing, the GPHPC shall recommend the approval, approval with modifications, or denial of the proposed amendment application and preliminary development plan, and submit such recommendation together with such application and preliminary development plan to the Village Council.
      (5)   Failure of the GPHPC to act on an application and preliminary development plan within 90 days of the conclusion of GPHPC’s public hearing to consider such plan shall constitute approval of the application.
   (E)   Step 5: Public Hearing with the Village Council.
      (1)   Upon receipt of the recommendation from the GPHPC (Step 4), the Village Council shall set a time for a public hearing, within 60 days of the GPHPC’s recommendations, on such proposed amendment application and preliminary development plan.
      (2)   If additional information is deemed necessary to complete its review of GPHPC’s recommendation of the proposed preliminary development plan, the Village Council may, by majority vote of its membership, continue the hearing to a date and time established in the motion to continue the hearing. The public hearing to consider a preliminary development plan shall be concluded within 90 days of the date when such hearing was first held.
      (3)   Notwithstanding the requirements established in paragraph 2 of this section, the application for a preliminary development plan may be tabled or continued for any set period of time upon the mutual agreement of the applicant and the village.
      (4)   Within 90 days of the conclusion of the public hearing, the Village Council shall:
         (a)   Adopt the recommendation of the GPHPC as presented by the GPHPC by village ordinance with the concurrence of at least a majority of its membership;
         (b)   Reject the recommendation of the GPHPC as presented by the GPHPC due to the failure of the village ordinance to pass due to the lack of a concurrence of a majority of its membership for its passage;
         (c)   Adopt a modification of the recommendation of the GPHPC, including the approval of an amendment application rejected by the GPHPC recommendation, by village ordinance with the concurrence of not less than three fourths of its membership.
      (5)   If the amendment application is denied, the applicant may appeal the decision to the Court of Common Pleas.
      (6)   Approval of the preliminary development plan shall include density, intensities, nonresidential building sizes, land uses and their interrelationship, design standards, and building location. Location of  buildings (if applicable) and uses may be altered slightly due to engineering feasibility which is to be determined in the subsequent preparation of the detailed final development plans.
      (7)   The decision by the Village Council is subject to the same effective date and referendum provisions as set forth in R.C. §§ 731.29 to 731.41. Following approval of the PDO District map amendment application and preliminary development plan, and after the subsequent referendum period has ended, the Official Zoning Map shall be changed to reflect this amendment.
   (F)   Step 6: Submission of a Final Development Plan.
      (1)   Once the PDO District and preliminary development plan has been approved by the Village Council, the applicant shall proceed with the preparation of the detailed final development plan(s) in whole or in phases.
      (2)   The final development plan submission shall be in a form and in quantities as prescribed by the GPHPC. A list of minimum submittal requirements may be adopted by the GPHPC.
      (3)   The detailed final development plan shall be consistent with the contents of the approved preliminary development plan, and be prepared by a licensed or certified professional planner, engineer, architect or landscape architect.
      (4)   A final development plan shall include all necessary legal documentation relating to the incorporation of a Homeowner's Association for the purpose of maintaining the specified common greenspace within the planned development.
   (G)   Step 7: Public Meeting and Recommendation by the GPHPC.
      (1)   Within 60 days of receipt of the detailed final development plan(s) and recommendations of staff, the GPHPC shall hold a public meeting to study, review, and make a recommendation on the detailed final development plan(s) on the basis that all requirements have been satisfied, and the conditions specified in this section have been met.
      (2)   If additional information is deemed necessary to complete its review and recommendation of the proposed final development plan, the GPHPC may, by majority vote of its membership, continue the meeting to a date and time established in the motion to continue the meeting. The public meeting to consider a final development plan shall be concluded within 90 days of the date when such meeting was first held.
      (3)   Notwithstanding the requirements established in division (G)(2) of this section, the application for a final development plan may be tabled or continued for any set period of time upon the mutual agreement of the applicant and the village.
      (4)   Within 45 days of the conclusion of GPHPC’s public meeting, the GPHPC shall make a recommendation to the Village Council to approve, approve with modifications, or deny the final development plan(s).
      (5)   Failure of the GPHPC to act on a final development plan within 45 days of the conclusion of GPHPC’s public meeting to consider such plan shall constitute approval of the application.
   (H)   Step 8 – Public Meeting and Decision by the Village Council.
      (1)   Within 60 days of receipt of the recommendation from the GPHPC (Step 7), the Village Council shall review the final development plan as it relates to this ordinance at a public meeting.
      (2)   If additional information is deemed necessary to complete its review of GPHPC’s recommendation of the proposed final development plan, the Village Council may, by majority vote of its membership, continue the meeting to a date and time established in the motion to continue the meeting. The public meeting to consider a final development plan shall be concluded within 90 days of the date when such meeting was first held.
      (3)   Notwithstanding the requirements established in division (H)(2) of this section, the application for a final development plan may be tabled or continued for any set period of time upon the mutual agreement of the applicant and the village.
      (4)   Within 45 days after the conclusion of the public meeting, the Village Council shall:
         (a)   Adopt the recommendation of the GPHPC as presented by the GPHPC by village ordinance with the concurrence of at least a majority of its membership;
         (b)   Reject the recommendation of the GPHPC as presented by the GPHPC due to the failure of the village ordinance to pass due to a lack of a concurrence of a majority of its membership for its passage;
         (c)   Adopt a modification of the recommendation of the GPHPC, including the approval of an application rejected by the GPHPC recommendation, by village ordinance with the concurrence of not less than three fourths of its membership.
(Ord. 2006-12, passed 5-1-06; Am. Ord. 2016-46, passed 11-7-16)