(a) Purpose. The purpose of these procedures is:
(1) To establish development review criteria which promote creative design solutions in a manner which best conserves the area's resources;
(2) To establish a review process which maintains local review and approval of the overall development plan and which results in the timely consideration of an application; and
(3) To ensure the proposed conservation development is in compliance with the goals and objections of the city's Comprehensive Plan.
(b) Project review procedures.
(1) Preliminary development plan. The applicant shall submit a preliminary development plan application to the Zoning Inspector. The application shall include documentation illustrating compliance with the standards and criteria set forth in this section. The documentation shall be indicated on a drawing at a scale of one inch equals 100 feet and shall include the following:
A. Site characteristics.
1. Boundaries of the area proposed for development, dimensions and total acreage;
2. Contour lines at vertical intervals of not more than five feet, highlighting ridges, rock outcroppings and other significant topographical features;
3. Location of wetlands (and potential wetlands), the floodway boundary and floodway elevation as delineated by the Federal Emergency Management Agency, rivers and streams and their related river or stream bank, ponds and water courses;
4. Existing soil classifications;
5. Locations of all wooded areas, tree lines, hedgerows and specimen trees;
6. Delineation of existing drainage patterns on the property, existing wells and well sites;
7. Description of significant existing vegetation by type of species, health, quality and the like;
8. Existing buildings, structures and other significant human-made features on the site and within 200 feet of the project boundary;
9. Description of all structures and areas of known or potential historical significance; and
10. Existing viewsheds and identification of unique vistas.
B. Preliminary site plan. The preliminary site plan shall be drawn at a scale of not less than one inch equals 100 feet and shall include all the information and data for a preliminary plat as provided in § 1244.04 of the Subdivision Regulations of the City of Kirtland and in addition shall include the following:
1. A summary of the proposed development including the total acreage, number of residential units, type of dwellings, density by type of dwelling and acreage of common open space to be conserved;
2. A sketch layout of standard single family lots, if any;
3. The location of the common open space and any proposed recreational facilities;
4. Natural features to be conserved and any required buffer areas;
5. Natural features to be altered or impacted by the development and areas where new landscaping will be installed and the like;
6. General location of public street rights-of-way; and
7. Proposed utility easement locations along duly established right-of-way.
C. Open space management. The applicant shall outline the method/structure to perpetually preserve the required common open space which indicates:
1. The structure of the Association;
2. Membership requirements;
3. Financial responsibilities;
4. The relationship of the entity to public agencies having responsibilities related to the project; and
5. Deed restrictions likely to preserve the value of the development.
D. Phasing of development. A description of the project phasing including the phased construction of open space improvements.
(2) Review of application. Within five business days of receiving the application, the Zoning Inspector and City Engineer shall review the application to determine that the application includes all the items required herein. If the application is deemed complete and the application fee paid, the Zoning Inspector shall officially accept the application on that date.
(3) Review of plan by others. The developer shall distribute the general development plan application to the following for review and comment:
A. Regulatory agencies which have statutory authority to subsequently review and approve any aspect of the development, including but not limited to the Lake County Health Department, Lake County Soil and Water Conservation District, Lake County Stormwater Management Department and the Ohio EPA;
B. Other agencies, at the discretion of the city, which may have appropriate technical expertise;
C. Appropriate local administrative officials, including the City Law Director and City Engineer; and
D. Consultants retained by the city. All comments shall be returned to the city within 30 days from the date distributed.
(4) Site visit. The Planning and Zoning Commission as a whole or by designated committee along with the standing committee of Council, shall, together with the applicant and the applicant's consultant(s), visit the site to gain a thorough understanding of the characteristics of the site.
(5) Planning and Zoning Commission action.
A. The Planning and Zoning Commission shall review the general development plan and shall take action on the submitted general development plan by:
1. Approving the general development plan as submitted;
2. Approving the general development plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements to the general building layout or open space arrangement; or
3. Denying approval of the general development plan.
B. Failure of the Commission to act within 60 days from the date the application was determined to be complete by the Commission or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the general development plan. Approval of the preliminary development plan and preliminary plat may be concurrent.
(6) Action by Council. After approval of the preliminary development plan by the Planning and Zoning Commission and prior to the construction of any improvements, the preliminary development plan shall be submitted to Council for review and approval.
(7) Final development plan. After a general development plan has been approved by both the Planning and Zoning Commission and City Council, an applicant shall submit for review and approval a final development plan. The final development plan may be submitted for the entire project. The final plan shall be drawn at a scale not less than one inch equals 100 feet and shall include all the information and data required for a final plat as provided in § 1244.10 of the Subdivision Regulations of the City of Kirtland and in addition shall include the following:
A. Boundaries of the area proposed for development, accurate dimensions and total acreage;
B. The exact location and dimension of common drives and public street rights-of-way;
C. Exact location of building footprints or envelopes within which dwelling units are to be constructed and lot lines with dimensions for all residential units for which individual ownership is proposed;
D. Dimensions of building/unit spacing;
E. The extent of environmental conservation and change and the exact location of all no cut/no disturb zones;
F. Designated common open space areas and a description of proposed open space improvements;
G. A grading plan drawn at a scale of one inch equals 100 feet, showing all information pertaining to surface drainage;
H. A detailed landscaping plan for new landscaping, including entry features and signs;
I. The declaration, articles of incorporation and either bylaws (for a condominium association) or code of regulations (for a homeowners’ association) and any other final covenants and restrictions and maintenance agreements to be imposed upon all the use of land and pertaining to the ownership, use and maintenance of all common areas, including common open space; and
J. Conditions imposed by other regulatory agencies.
(Am. Ord. 13-O-59, passed 12-16-2013)
(8) Review of application. Within five business days of receiving the application, the Zoning Inspector shall review an application to determine that the application includes all the items required. If the application is deemed complete and the application fee paid, the Zoning Inspection shall officially accept the application on that date.
(9) Review of final development plan. The Zoning Inspector shall distribute the final development plan application to the Planning and Zoning Commission, the City Engineer, City Law Director and other appropriate administrative departments or professional consultants for review and comment. Any reports, comments or expert opinions shall be compiled by the Zoning Inspector and transmitted to the Commission prior to the time of the Commission's review.
(10) Review by Law Director. The Law Director of the city shall review the declaration, articles of incorporation and either bylaws (for a condominium association) or code of regulations (for a homeowners' association) and any other final covenants and restrictions and maintenance agreements to be imposed upon the conservation development. He or she shall provide a written opinion to the Planning and Zoning Commission documenting that the above demonstrate full compliance with the requirements of this chapter.
(11) Approval of final development plan.
A. The Planning and Zoning Commission shall approve or disapprove the final development plan within 45 days after the complete application has been filed. If the plan has been disapproved, the reasons shall be entered in the record of the Commission.
B. After the Planning and Zoning Commission has approved the final plan, it shall be forwarded to the City Council for approval.
C. Action on the final development plan and final plat may be concurrent.
(Ord. 04-O-43, passed 8-30-2004)