1255.08   APPROVAL OF DEVELOPMENT PLANS AND DEVELOPMENT AGREEMENT.
   (a)   Development Plans. Development Plans per Section 1242.025 drawn to a reasonable scale depicting the location of main buildings and all accessory uses shall be submitted to the Planning and Zoning Commission for approval and/or modification as related to the promotion of public health, safety, convenience and general welfare of the City. Development plans shall be submitted in compliance with Chapter 1222. The plans shall show the relationship of the proposed development to surrounding streets and contiguous properties and structures.
   (b)   Review Required. No permit shall be issued for the erection or alteration of a building in the Planned Unit Development (PUD) Overlay District unless there has first been filed with the Commission preliminary and final development plans, environmental assessment statement, and other data in accordance to Section 1242.025 . Such plans and data shall be approved by the Commission if it finds that such plans provide for (a) an integrated and harmonious design of buildings; (b) appropriate entrances to suites; (c) adequate and properly arranged facilities for internal traffic circulation; (d) provisions for primary access, landscaping and screen planting; and (e) public water, sewers, storm water drainage and other facilities, all as may be necessary or appropriate to prevent the discouragement of proper development or use of other properties surrounding or in the vicinity of the Planned Unit Development (PUD) Overlay District, and to preserve and protect the public health, safety, convenience and comfort.
   (c)   Approval of Preliminary Plans. When the Commission has found that the preliminary plans and other data for the buildings under this section comply with the requirements of this Planning and Zoning Code, it shall make a recommendation to City Council for final confirmation or modification of such preliminary plans. City Council must then approve the preliminary plans in order to allow the proposal to move to the next step in the PUD approval process.
   (d)   Development Agreement. All PUD plans including the Preliminary Plans shall be accompanied by a Development Agreement that specifies all conditions of approval including but not limited to:
      (1)   Maximum permitted density by dwelling unit type and for the overall development.
      (2)   Applicable development setbacks specified for all principal and accessory buildings, structures and uses.
      (3)   Minimum open space in acres and who is the owner of the open space and who is responsible for the care and maintenance of the open space.
      (4)   The proposed development plan if at the preliminary stage of the application process and the approved development plan after the development plan has been approved by the Planning Commission and Council.
      (5)   Any other conditions set forth by the Planning Commission and City Council.
      (6)   Declaration of Covenants, Conditions and Restrictions as to the use of the land.
   (e)   Execution of Development Agreement. The Development Agreement shall be executed by both City and Developer prior to final approvals and issuance of permits required under Part Twelve of the Mentor on the Lake Zoning Code to commence construction. Council must approve the Development Agreement.
   (f)   Modifications to an approved Preliminary Development Plan. Modifications to an approved preliminary development plan that increase the residential density of development, modify the location of proposed principal buildings, or conflict with conditions of the PUD Overlay District or approved Development Agreement shall require approval by City Council following recommendation of the Planning Commission.
   (g)   Approval of Final Development Plans. Final plans of the project shall be submitted to and approved by the Commission before construction is started, if it finds that all approvals of the Planning Commission and Council have been obtained and the plans meet the requirements of Chapter 1255 and any requirements of this Zoning Code. The Zoning Inspector shall issue the required zoning permits upon payment of the standard fees after the final plans are approved by the Commission.
(Ord. 2022-O-19. Passed 11-22-22.)