All requests for approval of a mixed-use zoning district shall be subject to the review and approval procedures of this section. Mixed-use zoning may be established on any property at the initiation of the City of Lorain or by rezoning application submitted by the property owner. If initiated by the City, development of the property shall be subject to review and approval of concept and final development plans, in accordance with the applicable provisions of this section.
(a) Pre-application Review.
(1) All applicants seeking mixed-use zoning approval shall schedule a pre-application conference with the Zoning Administrator (and other department personal as the Zoning Administrator deems appropriate) to discuss the proposed development. At the pre-application conference, the Zoning Administrator shall review a proposed sketch plan.
(2) At minimum, the sketch plan shall contain the following information:
A. Location map of the proposed site;
B. General description of proposed land uses, including approximate location and acreage; and
C. Proposed gross density of the development, and net density of individual areas or parcels within the development.
(3) A narrative description shall also accompany the sketch plan. The narrative shall describe how the proposed mixed-use zoning and uses relate to the recommendations of the Lorain Comprehensive Plan and any anticipated inconsistencies between the proposed development and the provisions of this chapter.
(4) The Zoning Administrator shall review the sketch plan and narrative and advise the applicant regarding conformance or inconsistencies with the requirements of this chapter and any modifications that may be required to comply with the Ordinance requirements. Once the pre-application conference is complete, if the applicant wishes to proceed with the zoning application a preliminary plan of the entire mixed-use development shall be prepared and submitted with a formal application.
(b) Approval Authority.
(1) The Planning Commission and, where applicable, the Design Review Board shall have review and advisory authority for the preliminary plan.
(2) The City Council shall have final approval authority for the zoning change and the preliminary plan.
(c) Preliminary Plan.
(1) Application requirements.
A. A complete application shall be filed on a form provided by the Zoning Administrator, along with the application fee, a preliminary plan meeting all requirements of Section 1129.05(c)(2) and any development conditions proposed by the applicant. Incomplete applications or preliminary plans shall be returned to the applicant without further processing.
B. Unless specifically modified by development conditions accepted by the City Council, a mixed-use development shall comply with all regulations in effect at the time of rezoning approval.
(2) Preliminary plan requirements. At minimum, the preliminary plan shall contain the following information in schematic form, unless specifically waived by the Zoning Administrator:
A. A title, giving the names of the developers and property owners, the date, scale, and the person or firm preparing the plan.
B. A vicinity map and north arrow.
C. The location and size of the property involved.
D. The current zoning of the subject property and surrounding properties.
E. The general land use of adjoining properties.
F. Location of proposed uses assigned to sub-areas within the subject property.
G. A tabulation of total dwelling units and overall densities and the approximate gross floor area to be devoted to non-residential uses and activities.
H. General location of existing steep slopes, flood zones, wetlands and other riparian areas, stands of trees, and other significant environmental features.
I. General layout of intended transportation routes including streets and major pedestrian ways.
J. The location of existing infrastructure (examples may include: roadways, sidewalks, and proximity of nearest water and/or sewer mains).
K. Conceptual location for any proposed public uses including schools, parks, fire and medical emergency services, etc.
L. General areas to be designated for common open space.
M. A phasing plan, if applicable.
N. A narrative statement of proposed benefits to the City.
(3) Review and approval.
A. Staff review.
i. Upon receipt of a complete mixed-use development application, the Zoning Administrator shall distribute the application materials to the appropriate City departments for review, including, but not limited to, engineering, utilities, fire, safety service, the Mayor, and the law department.
ii. If the proposed project is located within the design review overlay district or on property containing a designated historic structure or landmark the Zoning Administrator shall also distribute the application materials to the Design Review Board for review and comment.
iii. The Zoning Administrator shall prepare a staff report based on the comments provided by Planning Department and other staff and, if applicable, the Design Review Board. The report and recommendations shall be forwarded to the Planning Commission for review and recommendation.
iv. The Zoning Administrator shall provide notice as required and schedule the mixed-use application on the next available Planning Commission agenda in accordance with the rules of procedure established by the Planning Commission. The Zoning Administrator will then inform the applicant/agent when the request will appear on the Planning Commission agenda for action on the application. The applicant or authorized representative must be present at the meeting or the matter may be tabled, denied without consideration, or acted upon based upon the information and documents then properly before the Commission.
B. Planning Commission hearing and recommendation.
i. The Zoning Administrator shall present the staff report to the Planning Commission.
ii. After allowing time for presentation from the applicant and public comments, the Planning Commission shall consider the application, staff report and public comment for conformance with the requirements of this Ordinance and the review criteria in Section 1129.06.
iii. The Planning Commission shall then make a recommendation to the City Council to approve or deny the application. Conditions may also be recommended for Council consideration.
iv. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
C. City Council final decision.
i. The staff report and Planning Commission recommendations shall be forwarded to the City Council for review and final decision.
ii. The zoning administrator shall submit Planning Commission's recommended action on the mixed use application to the Clerk of Council for placement on the agenda of the next available City Council meeting, after any required notice has been published in accordance with all requirements established by applicable Ohio and City of Lorain statutes, ordinances, and regulations, or by Council rules.
iii. After allowing time for presentation from the applicant and other comments, the City Council shall consider the application for conformance with the requirements of this Ordinance and the review criteria in Section 1129.06.
iv. The City Council shall make a decision to approve the application, approve the conditions, or deny the application.
v. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
(4) Development conditions. The applicant may offer, or Council may impose, conditions to be attached to the rezoning.
A. Conditions may be more restrictive than the requirements of this chapter or may propose modifications of the requirements in Table 1129.03 but shall not alter the intent of the applicable mixed-use district nor permit uses not authorized by Table 1129.02. In addition, the conditions offered or imposed shall be consistent with the land use, density and other relevant recommendations of the City's comprehensive plan for the subject property.
B. Within a mixed-use development, the minimum buffer requirements specified in Section 1147.04(b) between uses shall not apply within the mixed-use development; provided, the Planning Commission or City Council may require separation or buffering of uses as a condition of preliminary plan approval.
C. The conditions shall be described in writing.
D. The development conditions shall be binding upon the property, unless amended by in conformance with the requirements of Section 1129.05(e).
(d) Final Plan or Site-Specific Plan.
(1) Phasing. The mixed-use development may be completed in multiple phases. If the development is to be completed in a single phase, the applicant shall prepare and submit a final development plan. If the development is to be completed in more than one (1) phase, the applicant may prepare and submit a site-specific plan for one (1) or more phases prior to construction of the phase or phases. In either case, the final plan/site-specific plan (for the initial phase(s)) shall be submitted within two (2) years of the date of approval of the preliminary plan and shall contain the elements required in Section 1145.05(a) for final development plans. Such plan shall conform to the previously approved preliminary plan. Final plans for subsequent phases of the approved development shall be submitted within five (5) years of final plan approval of the initial phase(s); provided, the Planning Commission may grant one (1) extension of this time period up to one (1) year, if requested in writing by the applicant prior to expiration of the five (5) year limit.
(2) Planning Commission review and approval.
A. The Zoning Administrator shall distribute the final plan or site-specific plan and application to the appropriate departments and, if located within the design review overlay district, to the Design Review Board for review to ensure that all required elements are met.
B. Once the plan has been received and reviewed by the departments and, if applicable, the Design Review Board and the applicant has met all of the required elements of this Ordinance, any other applicable regulations, and the adopted preliminary plan and development conditions, the Zoning Administrator shall transmit the plan to the Planning Commission for final approval, in accordance with Section 1145.04(c).
C. If the plan is inconsistent in any significant aspect, as described below, with the approved preliminary plan, the procedure specified in Section 1129.05(e) shall be followed.
D. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
(3) Expiration. Approval of the final plan or site-specific plan shall be subject to the time limits specified in Section 1145.09.
(e) Amendments. Any and all amendments to the preliminary plan and/or final/site-specific plans for the mixed-use development shall be subject to the following review procedures:
(1) The Zoning Administrator shall have the authority to approve:
A. Changes which result in a decrease in approved density or building size, either residential or non-residential
B. Change in land use designation from multi-family to single-family or a change from any other use to open space/passive recreation.
C. Change of land use in conformance with a use conversion schedule approved with the development agreement.
D. Minor changes in infrastructure features (i.e., roads/access, sewer, water, storm drainage) or of off-site properties which are clearly beneficial to the occupants of the mixed-use area and will have no impact on adjoining or off-site properties; provided, approval has been given by the City Engineer.
E. Movement of buildings within the same general vicinity as shown on the approved plan provided all set back requirements are met.
F. Internal rearrangement of a parking lot that does not affect the number of parking spaces or alter access locations or design.
(2) All other changes shall be considered as a new application and processed in accordance with the provisions of Section 1129.05(c) and (d).
(Ord. 4-21. Passed 1-4-21.)