1159.06  PROCEDURES FOR APPLICATION, REVIEW, AND APPROVAL OF PLANNED DEVELOPMENT.
   (a)   Pre-Application Conference. The applicant for a planned development is encouraged to request a meeting with the Building Inspector prior to submitting an application for the purposes of reviewing the applicable regulations and to obtain other information relevant to the proposal.
   (b)   Preliminary Development Plan.
      (1)   Application. An application for a planned development shall be submitted to the Planning Commission by the owner, owner's authorized representative or option holder of the property that is the subject of the application. The application shall be submitted in the form of a letter of request along with a fee and deposits established by the Village Council, and a Preliminary Development Plan and narrative containing the information specified below. The Building Inspector shall review all application materials submitted and determine if they are complete.
         A.   Preliminary Development Plan. A Preliminary Development 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.    Property boundary survey.
            viii.   Adjacent buildings and structures within two hundred (200) feet of the property boundaries.
            ix.   All perimeter streets abutting the property, including right-of-way width.
            x.    Existing topographic conditions (two foot intervals).
            xi.   Existing natural features (woods, ponds, streams, wetlands, areas subject to the Environmental regulations of Section 1173.
            xii.   Approximate location of existing and proposed utilities, including a preliminary utility and drainage concept plan.
            xiii.   Uses proposed within the planned development and general locations.
            xiv.   Numbers and types of dwelling units proposed and locations.
            xv.   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.
            xvi.   Perspective sketches or photographs of representative building types, illustrating the proposed architectural styles and building materials.
            xvii.    A survey of all trees on the site and on property lines thereof, prepared by a registered arborist, identifying the locations, species and condition of all trees having a diameter at breast height of twelve (12) inches or greater.
            xviii.   Any other information, including but not limited to the requirements of Chapter 1127 deemed necessary by the Planning Commission to determine the character of the proposed development and compliance with these regulations. 
         B.   Project Narrative. A written statement shall be submitted, providing the following information:
            i.   Statement of how the Planned Development meets each of the Qualifying Conditions specified in Section 1159.03
            ii.   Identification of the present owners of all land within the proposed project
            iii.   Explanation of the proposed character of the Planned Development, including a summary of acreage by use, number and type of dwelling units, the maximum number of dwelling units calculated as provided in section 1159.05(b)(1)A, area and percent of the project area to be preserved as common open space, minimum lot sizes by type of use
            iv.    A complete description of any requested modifications of minimum requirements or variances in accordance with Section 1159.06(f), from the minimum spatial or other requirements applying to the property.
            vi.   A general description of the proposed development schedule and anticipated phases.
            vii.   Intended agreements, provisions and covenants to govern the use of the planned development, and any common open space areas to be preserved.
      (2)   Planning Commission Review. Following receipt of a complete application package, the Building Inspector will cause the application materials to be forwarded to the Planning Commission for review. At the next regularly scheduled meeting after submission of a complete application and all required plans and information, the Planning Commission shall conduct a public hearing as follows: 
         A.   Notice of hearing. The following notices shall be provided:
            i.    Written notice of the hearing shall be mailed by first class mail to the property owner and to the owners of the property contiguous to and directly across the street from the subject property. The notice shall be sent at least ten (10) days before the day of the hearing and shall contain the time, place and purpose of the hearing. A failure to notify, as provided in this section, shall not invalidate any proceedings or actions taken by the Planning Commission or Village Council.
            ii.    Notice to the general public of the Planning Commission's agenda shall be publicized in a newspaper of general circulation at least fourteen (14) days prior to the date of the hearing.
         B.    Public hearing. The Planning Commission shall conduct a public hearing in accordance with its rules of procedure.
         C.    Recommendation. Upon voting on the application, the Planning Commission shall forward its recommendation to Council that the Preliminary Development Plan be approved as presented, approved with supplementary conditions, or not approved. The recommendation shall be based on the standards of Section 1159.06(d).
      (3)   Village Council Action. Within sixty (60) days of receiving the recommendation from the Planning Commission, Council shall conduct a public hearing prior to taking final action on the Preliminary Development Plan.
         A.    Notice of hearing. Notice shall be provided in the manner set forth for the Planning Commission review above.
         B.   Public hearing. The Council shall conduct a public hearing in accordance with its rules of procedure.
         C.    Action. After the public hearing, Council shall vote to approve, approve with supplementary conditions or disapprove the Preliminary Development Plan based on the standards of Section 1159.06(d).
         D.   Failure of the applicant to comply with any conditions of approval shall be considered a violation of the Zoning Code and is subject to all applicable enforcement, remedies and penalties available to the Village in law or equity and as provided for in this Code.
         E.   Effect of Council Action. Village Council action approving a Preliminary Development Plan authorizes the applicant to prepare and submit a Final Development Plan, but not to initiate construction or take any other action. Approval of a Preliminary Development Plan shall not constitute approval of the Final Plan. Rather, it shall be deemed an expression of approval to the layout submitted on the Preliminary Plan and as a guide to the preparation of the Final Plan, which will be submitted for approval of the Village upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. Village Council action disapproving a Preliminary Development Plan shall halt any other action on the part of the Village with regard to the Plan or the Council may authorize the applicant to resubmit an amended Preliminary Development Plan.
   (c)   Final Development Plan.  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 effective date of Village Council approval of the Preliminary Development Plan, otherwise the Preliminary Development Plan approval shall expire. One extension of up to six (6) months may be authorized by the Planning Commission for good reason and justifiable cause. The applicant must demonstrate they have made a good faith attempt to work towards a Final Development Plan submittal. The applicant shall submit the request for extension in writing to the Building Inspector who shall present the request to the Planning Commission who shall make a written determination regarding its decision to extend or deny the extension. Both the request and the determination shall be made part of the record. If the applicant fails to submit a Final Development Plan within this timeframe, the approved Preliminary Development Plan shall be deemed to have expired and the applicant must submit a new Planned Development application.
      (2)   Pre-application Conference. Prior to submitting a Final Development Plan application, the applicant shall schedule a meeting with the Building Inspector, Law Director,  and the Village Engineer to discuss the applicable requirements and materials, compliance with conditions that may have been imposed as part of the Preliminary Development Plan approval, review procedures and the proposed Final Development Plan. 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 Village.
      (3)   Application. An application for approval of the Final Development Plan shall be submitted by the property owner or owner's authorized representative. The application shall be filed in the form of a letter, along with a fee established by the Village 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 Development Plan shall be submitted with the required application. The Final Plan shall contain all information, including but not limited to the requirements of Chapter 1127, deemed necessary by the Planning Commission to confirm compliance with the provisions of this Chapter and with all other applicable Village regulations. At minimum, the application for Final Development Plan shall include:
            i.   The proposed locations of all uses including but not limited to dwellings, open spaces, and infrastructure.
            ii.   A subdivision plan or other survey indicating the locations of all lots, rights-of-way, easements, and other divisions of land.
            iii.   A grading plan indicating existing and planned topography.
            iv.   A storm water facilities plan, in accordance with Chapter 973, Comprehensive Storm Water Management.
            v.   A landscape plan including treatment of the Chagrin Road frontage, all open spaces, major street entries and buffer areas, and typical landscape plans for dwelling units.
            vi.   Architectural design plans illustrating the intended character and exterior features of structures including but not limited to dwellings, accessory buildings, and fences. The Planning Commission may require that the detailed exterior design of specified buildings be submitted to the Commission for review prior to the issuance of building permits.
         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.    The total number of dwelling units, numbers of units by type, and locations of all units; if a phased development, totals, types and locations by phase.
            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
            vii.   An anticipated development schedule by phase, if applicable.
            viii.   A proposed schedule or sequence for coordination of other required approvals, including but not limited to subdivision approvals which may include simultaneous applications, reviews, and approvals subject to acceptance of such schedule by the Village.
         C.    The Planning Commission may require additional information beyond what is specifically 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.   
      (4)   Phased Projects. If a Planned Development is to be constructed in two or more phases, Final Development Plan approval may be granted for individual phases; provided, a complete plan for the entire Planned Development was first given Preliminary Development Plan approval and that each subsequent phase shall be submitted for Final Development Plan approval and is consistent with the approved Preliminary Development Plan. Each phase shall have adequate provision for access, parking, open space, storm water management, and other public improvements to serve the development.  Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property. 
      (5)   Planning Commission Review. Following receipt of a complete application package, the application materials shall be forwarded to the Planning Commission for review. The Building Inspector shall review all application materials submitted and determine if they are complete. At its next regularly scheduled meeting 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 or not approve the Final Development Plan, based on the review standards of Section 1159.06(d) and the site plan review standards of Chapter 1127
   The Final Development Plan shall be approved if it conforms with the Preliminary Plan. Approval by the Planning Commission shall authorize the applicant to proceed with the Planned Development subject to all applicable regulations, conditions, and agreements. Disapproval by the Planning Commission shall halt any other action on the part of the Village with regard to the Plan unless the Commission authorizes the applicant to resubmit an amended Final Development Plan.
      (6)   Performance Guarantee, Development Agreement. In conjunction with the approval of a Final Development Plan, the applicant shall be required to provide a performance guarantee for all public and common improvements, in accordance with applicable subdivision regulations. A development agreement may be required to address additional issues specific to the Planned Development.
   (d)   Review Standards.  In considering a Planned Development application, the Planning Commission shall find that the development meets all applicable requirements and qualifying conditions, as well as the following general standards:
      (1)   Purpose of PD. The Planned Development shall be consistent with the stated Purposes of this District, as found in Section 1159.01
      (2)   Qualifying Conditions. The Planned Development shall satisfy each of the Qualifying Conditions, as stated in Section 1159.03
      (3)   Comprehensive Plan. The Planned Development shall be consistent with the recommended future land use patterns, goals and guiding principles contained in the Village of Moreland Hills Comprehensive Land Use Plan.
      (4)   Surrounding Uses. The Planned Development shall be compatible with the existing and intended uses surrounding the subject property.
      (5)   Natural Environment. The design and layout of the Planned Development shall be harmonious with the natural character of the site and surrounding area and shall employ best management practices to ensure their conservation and shall minimize alteration of natural site features and reduce adverse impacts thereto.
      (6)   Public Facilities and Services. The Planned Development shall not place undue burden on the capacity of public facilities and services such as, but not limited to, roads, fire and police protection, water, sanitary sewer service and drainage.
      (7)   Protects Health, Safety and Welfare. The Planned Development shall not contain uses or conditions of use that may be injurious to the public health, safety or welfare.
      (8)   Consistent with All Applicable Standards and Requirements. The Planned Development shall conform to all applicable requirements of this Code, unless specifically modified and approved, as authorized by Section 1159.06(g)
      (9)   Final Development Plan. The Final Development Plan is substantially consistent with the representations made and plans shown during the Preliminary Development Plan stage of approval.
      (10)   Recognizable and Substantial Benefits. Approval of the planned unit development will result in a recognizable and substantial benefit to the users of the project and to the community which would not otherwise be feasible or achievable under conventional zoning districts.
   (e)   Commencement of Construction; Revocation of Approval.  Construction shall have commenced and proceeded meaningfully toward completion within twelve months of the date of Final Development Plan approval, or approved phases thereof, in accordance with the following:
      (1)   For purposes of this section, meaningful progress toward completion shall mean, at a minimum, all of the following: site clearing, rough grading, and installation of infrastructure improvements: sanitary sewer, stormwater facilities including stormwater management facilities, and water mains.
      (2)   If construction has not commenced within twelve (12) months, the applicant may request one extension of up to twelve (12) additional months. The request shall be submitted, in writing, to the Planning Commission prior to the expiration of the original twelve (12) month time limit and shall provide reasonable evidence to the effect that unforeseen difficulties or special circumstances have been encountered, causing delay in commencement of the Planned Development. If an extension is not requested or is not submitted prior to the expiration of the original time limit, the Final Development Plan shall become null and void.
      (3)   Following expiration of the foregoing time limits, the Village Council may initiate proceedings to revoke approval of the Planned Development.
   (f)   Amendments, Approval of Minor Changes.  Changes to an approved Final Development Plan shall be permitted only under the following circumstances:
      (1)   The holder of an approved Final Development Plan shall notify the Building Inspector of any proposed change to the approved plan.
      (2)   Minor changes may be approved by the Building Inspector and the Village Engineer upon determining that the proposed revision(s) will not alter the basic design nor any specified conditions or commitments imposed as part of the original approval. Minor changes are one or more of the following:
         A.   Reduction in building size or increase in building size up to five percent of the total approved floor area;
         B.   Movement of building or other structures to a location that meets all established setbacks;
         C.   Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size;
         D.   Changes in building materials to a comparable or higher quality;
         E.   Changes in floor plans which do not alter the character of the use;
         F.   Changes in parking layout that do not alter the number of spaces by more than five percent of the total spaces within the parking area and do not change the location of driveways or roads providing access to the parking area.
         G.   Changes required or requested by a county, state or federal regulatory agency in order to conform to other laws or regulations.
      (3)   A proposed change to an approved Final Development Plan that does not meet one of the criteria above shall be considered an amendment to the approved Final Development Plan and a request for modification shall be submitted to the Planning Commission and reviewed in accordance with the procedures established for the Final Development Plan review and approval process.
      (4)   When, in the judgment of the Planning Commission, the proposed requested modification(s) substantially deviates from the approved Preliminary Development Plan, the requested modification(s) shall be reviewed by the Planning Commission as an Amended Preliminary Development Plan, and shall be reviewed in accordance with the provisions of this Chapter for the approval of a Preliminary Development Plan.
   (g)   Modifications.
      (1)   The applicant for a Planned Development shall submit, in writing, all proposed modifications from the applicable zoning requirements. Modifications may be approved by Council after Planning Commission recommendation.
      (2)   Modifications to the zoning regulations applicable to a Planned Development may be permitted if they will result in a higher quality and more sustainable development over what could have been accomplished through strict application of the otherwise applicable zoning regulations, consistent with the purposes of the Planned Development regulations, as expressed in Section 1159.01, and including, but not limited to, improvements in open space provision and access, environmental protection, tree/vegetation preservation, efficient provision of streets, roads and other utilities and services, or choice of living and housing environments.
      (3)   The provisions of Table 1159.05(b)(2) may be modified including, but not limited to, lot area and width, building setbacks, and heights, however, a modification shall not result in an increase in the number of dwellings otherwise permitted by this Chapter.
      (4)   As applicable to the requested modifications, the provisions of Sections 1111.41, 1131.17, and 1131.21 shall be considered.
   (h)   Expansion of Planned Development Area.  A property located within the area described in Section 1159.03(a) which is contiguous with but not contained within an approved Planned Development may apply for approval of an expansion of the contiguous Planned Development. The proposed area of expansion shall not be required to contain a minimum acreage, but shall be subject to all other provisions of this Chapter and other applicable Village regulations. 
(Ord. 2016-19.  Passed 7-13-16.)