1131.05 APPLICATION PROCEDURE.
   (a)   Pre-application Conference. Prior to submitting a formal application, the applicant shall schedule a meeting with the Zoning Administrator to discuss the zoning classification of the site, the applicable requirements and materials, the qualifying conditions, the review procedures and the proposed development concept. The Zoning Administrator shall notify other appropriate staff. The purpose of this meeting is to discuss the proposed project and provide relevant information to the applicant. However, no statements or representations made at this meeting shall be construed to be a commitment or an assurance of approval on the part of the City.
   (b)   Preliminary Planned Unit Development Review and Rezoning. The following procedures shall be followed for the review of any planned unit development request.
      (1)   Application.  An application for rezoning to planned unit development district shall be submitted to the Zoning Administrator by the owner, owner's authorized representative or option holder of the property that is the subject of the application. The application shall be filed on a form provided for that purpose, along with a fee established by the City Council, and a preliminary plan and narrative containing the information specified in the following subsections.  Incomplete applications will not be accepted and will not be processed or forwarded to the Planning Commission.  The applicant may, at his/her sole discretion, submit a final development plan, as specified in Section 1131.05(c)(3), in lieu of the preliminary plan; provided, all other review procedures of Section 1133.05(b) shall be applicable.
         A.   Preliminary Plan.  A preliminary plan shall be submitted and include the following:
            i.   Name, address, phone number and email address of the applicant
            ii.   Name, address, phone number and email address of the professional or firm that prepared the plan
            iii.   Legal description of the property
            iv.   North arrow, scale and title block
            v.   General location map
            vi.   Existing zoning on the subject property and all abutting properties
            vii.   Property boundary survey
            viii.   Adjacent buildings and structures within 100 feet of the property boundaries
            ix.   All perimeter streets abutting the property, including right-of-way width
            x.   Existing topographic conditions (two (2) foot intervals)
            xi.   Existing natural features (woods, ponds, streams, wetlands, slopes greater than twelve percent (12%))
            xii.   Approximate location of existing and proposed utilities, including a preliminary utility and drainage preliminary plan
            xiii.   Proposed uses within the planned unit development
            xiv.   Conceptual layout of the development illustrating the general location of interior streets, access points to abutting streets, common open spaces, areas to be developed by type of use, parking areas and easements
            xv.   Perspective sketches or photographs of representative building types, illustrating the proposed architectural style and building materials
         B.   Project Narrative. A written statement shall also be submitted with the application, providing the following information:
            i.   Statement of how the planned unit development meets each of the Qualifying Conditions specified in Section 1131.02.
            ii.   Identification of the present owners of all land within the proposed project.
            iii.   Explanation of the proposed character of the planned unit development, including a summary of acreage by use, number and type of dwelling units, gross residential density, area and percent of the project to be preserved as common open space, minimum lot sizes by type of use.
            iv.   A complete description of any requested deviations, in accordance with Section 1131.04(b), from the minimum spatial or other requirements applying to the property.
            v.   An explanation of why the proposed development should be given a density bonus, if applicable, in accordance with Section 1131.04(c).
            vi.   A general description of the proposed development schedule and anticipated phases.
            vii.   Intended agreements, provisions and covenants to govern the use of the development, approval of building materials/architectural styles and open space areas to be preserved.
      (2)   Planning Commission Review. Following receipt of a complete application package, the Zoning Administrator will cause the application materials to be forwarded to the Planning Commission for review. If the proposed project is located within the historic overlay district, the Zoning Administrator shall also distribute the application materials to the Design Review Board for review and comment.  Following receipt of a complete application and all required plans and information, the Planning Commission shall review the request and make a recommendation to the City Council, as follows:
         A.   Recommendation.  Within sixty (60) days following the zoning administrator's determination  that the application is complete, the commission shall recommend to council that the preliminary plan and planned unit development zoning be approved as presented, approved with supplementary conditions, or disapproved.  The recommendation shall be based on the standards of Section 1131.06.  However, the commission may, with the consent of the applicant, extend the sixty (60) day time limit.
         B.   Project representation.  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)   City Council Action.  Within forty-five (45) days of receiving the recommendation from the Planning Commission, Council shall schedule a public hearing and take final action on the request. 
         A.   Notice of hearing.  Within forty-five (45) days of receiving the recommendation from the Planning Commission, the matter shall be scheduled for a public hearing.  Public notice of the time, date, location and purpose of the hearing shall be provided, in accordance with the requirements of Ohio zoning law.
         B.   Public hearing.  The City Council shall conduct a public hearing in accordance with its rules of procedure.
         C.   Action. Within forty-five (45) days of the public hearing, council shall approve, approve with supplementary conditions or disapprove the preliminary plan, or final plan if the applicant chooses that option, and zoning change, based on the standards of Section 1131.06.
         D.   Failure of Council to take final action within forty-five (45) days of the public hearing shall constitute an approval of the Planning Commission's recommendation, unless said forty-five (45) day period is extended with the consent, or at the request of the applicant.  An affirmative vote of the Council majority is needed to approve or modify the Planning Commission's recommendation.  To reverse the Planning Commission's recommendation requires the affirmative vote of three-fourths (3/4) of the Council members.
         E.   Conditions.  Failure of the applicant to comply with any conditions of approval shall be considered a violation of this Ordinance and subject to all applicable enforcement, remedies and penalties provided for in this Code.
         F.   Project representation.  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)   Final Planned Unit Development Review:  The following procedures shall be followed for the review of the final development plan.
      (1)   Timing.  An application for final development plan approval shall be filed not later than twenty-four (24) months after the date of approval of the preliminary plan and zoning change, otherwise the preliminary plan approval shall be considered expired. One (1) extension of up to twelve (12) months may be authorized by the Zoning Administrator for reason/cause. The applicant shall submit the request for extension in writing, prior to the expiration of the original approval period, to the Zoning Administrator who shall make a written determination regarding his decision to extend or deny the extension. Both the request and the determination shall be made part of the record.
      (2)   Pre-application Conference. Prior to submitting a formal application, the applicant shall schedule a meeting with the Zoning Administrator to discuss the applicable requirements and materials, compliance with conditions that may have been imposed as part of the preliminary plan approval, review procedures and conformance of the final development plan with the approved preliminary plan. The Zoning Administrator shall notify other appropriate staff. The purpose of this meeting is to discuss the proposed project and provide relevant information to the applicant. However, no statements or representations made at this meeting shall be construed to be a commitment or an assurance of approval on the part of the City.
      (3)   Application.  An application for approval of the final development plan shall be submitted to the Zoning Administrator by the property owner or owner's authorized representative. The application shall be filed on a form provided for that purpose, along with a fee established by the City Council, including a final development plan and narrative containing the information specified in the following subsections.  Incomplete applications will not be accepted and will not be processed or forwarded to the Planning Commission.
         A.   Final Plan.  A final development plan, substantially consistent with the approved preliminary plan and containing all information required in Section 1145.05 (final site plan), shall be submitted with the required application form.  If required, a plat may be submitted concurrently in accordance with the subdivision requirements of this Ordinance.
         B.   Project Narrative. A project narrative shall also accompany the application and final development plan and provide the following:
            i.   Proposed covenants and/or deed restrictions governing the use, design, maintenance, ownership and control of development and common areas;
            ii.   Identification of the entity responsible for maintenance of common areas;
            iii.   Description of all deviations from the otherwise applicable zoning requirements;
            iv.   Net and gross density of any residential component of the project;
            v.   Open space calculations, identifying the gross acreage and percent of lands to be preserved as common open space, including calculations by phase of the development, if applicable.
            vi.   Restrictions or requirements regarding architectural style and/or building materials;
            vii.   Improvements that would be the responsibility of the developer such as construction of roads, parks, utilities, pathways, sidewalks and similar elements; and
            viii.   An anticipated development schedule by phase, if applicable.
      (4)   Phased Projects. If a proposed planned unit development is to be constructed in two (2) or more phases, final development plan approval may be granted for individual phases; provided, a complete plan for the entire development was first given preliminary plan approval and that each subsequent phase shall be submitted for final development plan approval and is consistent with the approved preliminary plan.  The Planning Commission may require additional information beyond what is otherwise required if, in its judgment, more detailed information is necessary due to the size of the development; number of phases proposed; or the interrelationship of roads, utilities or drainage systems within the total site.
      (5)   Planning Commission Action.  Following receipt of a complete application package, the Zoning Administrator shall cause the application materials to be forwarded to the Planning Commission for review. If the proposed project is located within the historic overlay district, the Zoning Administrator shall also distribute the application materials to the Design Review Board for review and comment.  Within forty-five (45) days after submission of a complete application and all required plans and information, the Planning Commission shall consider the application and take action to approve, approve with supplementary conditions, disapprove or table the final development plan, based on the review standards of Section 1131.06 and the standards of Section 1145.06.  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.
      (6)   Performance Guarantee.  In conjunction with the approval of a final development plan, the petitioner may be required, at the Planning Commission's discretion, to provide a performance guarantee for all public and common improvements, in accordance with Section 1173.06.
      (7)   Private Covenants and Restrictions.
         A.   Covenants and restrictions for the property within any PUD district are required and must be recorded with the office of the County Clerk prior to the approval of a plat or issuance of a building permit. These restrictions shall run with the land to ensure that, if subdivided or developed in phases, the covenants and restrictions shall still be enforced.
         B.   Covenants and restrictions shall:
            i.   Be based on the conditions attached to the approved PUD application;
            ii.   Subject each owner or person taking title to land located within the development to the terms and conditions of the covenants and restrictions as well as any other applicable regulations;
            iii.   Establish a property owners association (POA) with mandatory membership for each owner or person taking title to land located within the development, and require the collection of assessments from owners in an amount sufficient to pay for its functions; and
            iv.   Provide for the ownership, development, management, and maintenance of any private open space, private community parking facilities, private community meeting spaces, or other common areas, as required by Section 1131.04(d).
      (8)   Expiration. Final site plan approval shall expire twelve (12) months after the date of final approval, unless substantial construction has been commenced and is continuing.  An extension of up to twelve (12) additional months may be granted, in accordance with the requirements of Section 1145.09.  (Ord. 4-21.  Passed 1-4-21.)