(a) Any material change or modification to the District Framework Plan, i.e. a change in District boundaries, public street patterns or overall block layouts, constitutes a zoning amendment. Zoning amendments shall follow the procedure set forth in Section 1143
"Amendments" of the Grandview Heights Planning and Zoning Code.
(b) The Director shall administer and enforce the provisions of this Section 1157.09.
The Director is charged with timely reviewing development applications within the District for compliance with the District Framework Plan and this Section 1157.09,
and approving a Certificate of Appropriateness for all applications that are in compliance.
(c) Within the District, the City shall not issue a certificate of zoning clearance or permit for construction or exterior alteration pursuant to Sections 1137.12
and 1325
(to the extent applicable under Section 1157.09.03
above), for any building unless a Certificate of Appropriateness has been approved by the Director, subject to the further provisions of Section 1157.09.05
(e).
(d) With respect to proposed Private Improvements, Public Space Improvements and Parking Structures administratively reviewed by the Director, following the Pre-Application Review Meeting as defined in this Section 1157.09
, the Director shall have ten (10) working days from the receipt of a complete application submission to the City to approve or deny a Certificate of Appropriateness for an application. Any denial shall specify the issues giving rise to the denial.
(e) With respect to an application for the construction or improvement of Private Improvements, Public Space Improvements and/or Parking Structures administratively reviewed by the Director, the applicant may appeal any denial of a Certificate of Appropriateness by the Director or the failure of the Director to approve or deny a Certificate of Appropriateness within the 10-day period provided in subsection (d) above, to Council. Any denial shall specify the issues giving rise to the denial. The only matters to be considered in any such appeal shall be those identified as the specified issues giving rise to the denial by the preceding official or body, and all other matters contained in the application under consideration shall be considered accepted, approved and not subject to further review. Any denial of a Certificate of Appropriateness shall be subject to the right to judicial appeal after the applicant has exhausted its appeal processes with the City as above provided.
(g) The Planning Commission shall be the review authority for all Publicly Dedicated Improvements as defined in this Section 1157.09
. The Director and the City Engineer shall review all design plans for Publicly Dedicated Improvements for consistency with the District Plan and all applicable requirements for City streets and public infrastructure and shall provide input and recommendations to the Planning Commission. Final plans shall be submitted in a manner consistent with the procedures of this section. If the proposed Publicly Dedicated Improvement includes the subdivision of land the improvement shall be subject to the requirements of the plat approval process in accordance with Section 1157.09.05
(j). Final plan approval and final plat approval shall proceed simultaneously, unless a final plat has already been approved or is not required for the completion of the project. The Planning Commission must recommend to Council approval or denial of a Certificate of Appropriateness for the application within 30 days of the application's initial submission to the Director. Any denial shall specify the issues giving rise to the denial. The applicant may request reconsideration of any denial by the Planning Commission of a Certificate of Appropriateness within 10 days. The only matters to be considered in any such appeal shall be those identified as the specified issues giving rise to the denial by the Planning Commission, and all other matters contained in the application under consideration shall be considered accepted, approved and not subject to further review. If a request for reconsideration to Council does not result in an alteration or reversal of the denial, the applicant shall have the right to judicial appeal after exhausting the foregoing appeal process with the City.
The Development Standards set forth in Section 1157.09.09
shall serve as a framework to applicants in preparing development plan documentation and they constitute the criteria the Director will use to evaluate and approve development plans and that the Planning Commission shall use to evaluate plans for Publicly Dedicated Improvements. These Development Standards shall also be used by Council in the event of any appeal or request for reconsideration from the denial of a Certificate of Appropriateness, as described in sections (e) and (f) above.
(h) In addition to the normally required submittals for development approval, the applicant shall provide adequate documentation to the Director or Planning Commission, as applicable, to show compliance with the requirements set forth within this Code.
(i) The applicant may, but is not required to, introduce plans in a conceptual form to the Director to review a preliminary proposal as a means of receiving guidance and constructive feedback prior to an official submission.
(j) All preliminary subdivision plats that propose to dedicate streets to the City of Grandview Heights for public use as public thoroughfares (but excluding any private streets that are subject to an easement for public use) shall require review and approval by Planning Commission and Council. Preliminary subdivision plats may include streets that are proposed for dedication but not ultimately dedicated. All final subdivision plats that dedicate streets to the City of Grandview Heights for public use as public thoroughfares (but excluding any private streets that are subject to an easement for public use) that were proposed for dedication on approved preliminary subdivision plats as above provided shall require review and approval only by Council. Streets proposed for dedication on approved preliminary subdivision plats as above provided may be included in one or more final subdivision plats to be approved by Council. All other subdivision plats and/or lot splits in furtherance of and consistent with the District Framework Plan (including, but not limited to, any subdivision plats that include private streets that are subject to an easement for public use) shall be administratively reviewed and approved by the Director and the City Engineer, without review by the Planning Commission or Council. Any subdivision plats administratively approved pursuant to the immediately preceding sentence shall be promptly executed by all required Grandview Heights officials to permit their filing and recording. The provisions of this Section 1157.09.05
(j) shall exclusively govern the review, approval, execution and delivery of all preliminary subdivision plats, final subdivision plats and lot splits within the District.
(k) For development proposals for a Retail Building as defined in this Section 1157.09
to be located in Blocks N, O and P, an application for concept review shall be submitted to the Director. The application must contain a development statement describing the major aspects of the proposed development. The development statement through narrative and graphics shall describe the proposed land use(s) and indicate the standards associated with the site plan review process. Within ten (10) business days after receipt of an application for concept review, the Director shall make a recommendation to Council to approve or deny the concept and shall make recommendations for approval or denial to Council.
Approval of a concept plan will precede the submission of an application for a Certificate of Appropriateness for a Retail Building as further provided in Section 1157.09.05
(d). (Ord. 2019-05. Passed 2-4-19.)