(a) Preapplication Conference. Prior to filing a formal application for approval of a Special Development District, the developer and/or applicant is encouraged to request a preapplication conference with the Miamisburg Development Department staff. It should be understood that no statement or representation of a member of the staff shall be binding upon the Planning Commission or upon any City governing body. The purpose of such conference is to allow the developer and/or applicant to present a general concept of the proposed development prior to the preparation of detailed plans. For this purpose, the presentation shall include, but not be limited to, the following:
(1) A written letter of intent from the applicant establishing the applicant's intentions as to the development of the land.
(2) A topographic survey and location map.
(3) Sketch plans and ideas regarding land use, dwelling type and density, street and lot arrangement, and tentative lot sizes.
(4) Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements.
(5) Proposed Development Guidelines Report.
(b) Preliminary Plan. The preliminary plan of the Special Development District shall be filed with the Miamisburg Development Department, which shall in turn forward copies to the Planning Commission for consideration. The required procedure for consideration and approval of the preliminary plan shall be:
(1) Written application for approval of a planned development shall be made on forms and in the manner prescribed by the City. The application shall include informational items as listed in this chapter and shall be accompanied by a fee consistent with Chapter 214 of the City of Miamisburg's Codified Ordinances.
(2) The Planning Commission shall study the materials received and confer with other agencies of government as appropriate in the case to determine the general applicability of the proposal as submitted. In the course of such preliminary consideration, the Planning Commission may request and the applicant shall supply additional material needed to make specific determinations.
(3) Following such study, the Planning Commission or its staff shall hold a conference or conferences with the applicant to discuss desirable changes in the first or succeeding drafts of the preliminary development plan and report. Recommendations of the Planning Commission to the applicant shall be in writing.
(4) Following any such conference, agreements between the applicant and the Planning Commission as to changes in the preliminary plan and report or other matters to be recorded and acknowledged by the Planning Commission and the applicant shall be in writing. On items on which no agreement is reached or there is specific disagreement, this fact shall be recorded, and the applicant may place in the record his or her reasons for any disagreement.
(5) When the preliminary development plan and report have been approved in principle (as a whole or with reservations specifically indicated) or when the applicant indicates in writing that no further negotiations with the Planning Commission are desired before proceeding, the Planning Commission may schedule the proposed plan for a public hearing or elect to make its recommendations without a public hearing. The Planning Commission shall make its recommendations to Council within thirty days from the end of the negotiations with the applicant(s) or, if one is held, thirty days from the Planning Commission's public hearing. Such recommendations shall indicate approval, approval with specific reservations, or disapproval with reasons. Such recommendations shall be accompanied by:
A. The latest draft of the preliminary plan;
B. The latest proposed Development Guidelines Report; and
C. Informational items submitted by the applicant, including a record of agreements reached as well as any matters on which there was disagreement and respective reasons given by the applicant for any such disagreement.
(6) Council shall then schedule a public hearing for the preliminary plan and the respective Special Development District zone designation after receiving the proposal from the Planning Commission. Within thirty days, Council shall approve the proposal, approve it subject to conditions, or deny the proposal. If approved, the area of land marked shall be redesignated SDD (Special Development District) and shall be used only in accordance with the uses and Development Guidelines Report shown in the Special Development District preliminary plan.
(c) Final Plan. The final plan for the Special Development District shall conform substantially to the preliminary plan as approved and shall be filed within six months after approval of the preliminary plan, including all informational items listed in Sections 1275.07 and 1276.07. If desired by the developer, the final plan may be submitted in stages, with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed, provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:
(1) The final plan and supporting data shall be filed with the Miamisburg Development Department, which in turn shall forward copies to the Planning Commission for certification that the final plan is in conformity with applicable regulations and in agreement with the approved preliminary plan.
(2) After review of the final plan and supporting data, the Planning Commission shall approve or disapprove the plan within thirty days after submittal by the developer. Disapproval of the final plan shall include a clear statement of the reasons therefor.
(3) The Planning Commission shall then forward the final plan, together with its recommendations, to Council. Council shall review the recommendations of the Planning Commission at the next regular meeting of Council, and shall approve, approve subject to conditions, or deny, the final plan.
(4) After approval by motion of Council of the final plan, the final plan including all supporting documentation, shall become a part of the City of Miamisburg's Zoning Code.
A. No final development plan within the corporate limits of the City shall become a part of the City of Miamisburg's Zoning Code unless it shall have the approval of City Council inscribed thereon.
B. For Special Development Districts involving replats, lot splits, the establishment of easements, deed restrictions and the like, the submitted lot and easement configuration approved as a part of the Special Development District review process shall be presented to the County Recorder and recorded prior to the issuance of any building permits for the site.
(d) Effect of Denial of a Special Development District. No application for a Special Development District, which has been denied wholly or in part by the Planning Commission and Council, shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission and Council.
(Ord. 6711. Passed 4-3-18; Ord. 6831. Passed 1-21-20.)