1267.07   REVIEW AUTHORITY, PROCEDURES AND CRITERIA FOR OVERLAY IMPLEMENTATION AND SITE PLAN REVIEW AUTHORITY.
   For any proposed development and implementation of the Overlay Area, the applicant shall submit for review by the Planning Commission a site plan, and the Planning Commission shall make a recommendation to Council on the site plan. The Planning Commission and Council have the authority and responsibility to consider: the location and appearance of existing buildings, structures, and parking; proposed landscaping and buffering; proposed and existing uses of the property; site lighting; and signs. The Planning Commission and Council shall review the site plan to determine that it satisfies the standards and purposes set forth in this chapter and the requirements of Chapter 1278.
   (a)   Submission Requirements. The site plan application shall include plans, illustrations, and supporting documentation for the entire area of the proposed project, which shall include:
      (1)   The completed application form along with the application fee;
      (2)   The site plan shall include both the commercial property fronting on Northfield Road and the proposed overlay parcel(s) to be developed in conjunction with the Northfield Road parcel(s);
      (3)   The gross acreage of the proposed development and the approximate size and location of all existing buildings and related facilities, trees, and landscape features on both the Northfield Road parcel(s) and the overlay parcel(s);
      (4)   The proposed uses; proposed new buildings and facilities depicting location, size, height, preliminary floor plans, and preliminary design; and existing buildings to be renovated, if any;
      (5)   The location of any residential property located on adjacent property or property across the street;
      (6)   Any existing buildings or facilities to be demolished;
      (7)   The proposed location, design, and standards for construction of driveways, sidewalks, parking and loading areas, fire lanes, utilities, waste disposal, etc.
      (8)   A detailed landscape and grading plan depicting: mounding, fencing, vegetation to be retained, type of new landscaping (shrubs, trees, ground cover, etc.), and the general spacing and size of new vegetation at the time of planting;
      (9)   A summary table depicting floor areas for each use; and
      (10)   A lighting plan and photometric diagram depicting the location of fixtures, the general direction of the light, the level of brightness (on the ground, in the air, and along the property lines of Route 8 and the adjacent residential properties), and the hours for the illumination.
   (b)   Northfield Commercial Overlay Review Procedure.
      (1)   Review for completeness. Within thirty days after receiving an application, or an amended application, the Building and Zoning Inspector shall review the submitted application for compliance with the applicable submission requirements in division (a) of this section. If the application is deemed insufficient, the Building and Zoning Inspector shall notify the applicant of any deficiencies and the additional information needed. When the application is deemed complete and the application fee has been paid, the Building and Zoning Inspector shall officially accept the application, or amended application, and place it on the Planning Commission's agenda.
      (2)   Distribution of plans. When the Building and Zoning Inspector determines that the application for an overlay development is complete, the Building and Zoning Inspector shall forward the application to the appropriate Village departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Building and Zoning Inspector and be available when the Planning Commission considers the application. The existence and location of fire lanes shall be approved by the Village Fire Department prior to the Planning Commission's recommendation on the application.
      (3)   The Planning Commission shall review the overlay site plan, or amendment thereto, according to the applicable criteria in division (c) of this section and make a recommendation to Council to:
         A.   Approve the site plan as submitted; or
         B.   Approve the site plan subject to specific, yet reasonable, conditions; or
         C.   Deny the site plan when the application does not demonstrate that the standards and criteria have been met.
      When reviewing the site plan, the Planning Commission may also postpone the consideration of the application to a subsequent Planning Commission meeting in order for the applicant and/or the Commission to address concerns, comments, alternatives, or conditions expressed or identified at a Planning Commission meeting and consider any reasonable requests for additional information that may have been received. In reviewing the overlay site plan, the Planning Commission may utilize and rely on outside consultants to evaluate the proposal and make recommendations to the Commission. The reasonable cost of this review is to be paid by the applicant. Review time incurred by the Village Engineer shall be billed to and paid by the applicant in accordance with the hourly rates contained in the Village Engineer's contract with the Village.
      (4)   Council shall consider the recommendation of the Planning Commission and shall:
         A.   Approve the site plan as recommended by the Planning Commission; or
         B.   Approve the site plan with modified and/or additional conditions; or
         C.   Deny the application when Village Council determines the application does not demonstrate the standards and criteria have been met.
      (5)   The Planning Commission and Council shall act on the site plan, or amendment thereto, within ninety days from the date the application was deemed complete, or any extended period as may be agreed upon.
   (c)   Review Criteria. In reviewing the overlay site plan, the Planning Commission and Council shall recognize the purposes of the Overlay Area; take into consideration the comments and recommendations of staff and consultants; and determine that the proposed overlay site plan complies with the review criteria set forth below:
      (1)   The plan is consistent with the requirements and purposes of the Overlay Area.
      (2)   The appropriate use or value of the property within the proposed development will be enhanced.
      (3)   Efforts have been taken to mitigate any significant negative impacts the proposed development is expected to have on any adjacent residential properties.
      (4)   The proposed buffer and landscaping meet the requirements of Section 1267.05 and will assist in protecting the adjacent residential property.
      (5)   Adequate provisions have been made for safe and efficient pedestrian and vehicular circulation within the site and with respect to adjacent properties and roadways.
      (6)   The plan provides for an appropriate number of parking spaces based upon the criteria established by Chapter 1278.
      (7)   The development provides adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas and is designed in a manner that balances the marketing and development interests of the applicant with the impact on adjacent areas and considers the impact of direct light, glare, and glow on adjacent properties so that the lighting does not unreasonably interfere with the use and enjoyment of adjacent properties.
      (8)   The existing and/or proposed landscaping enhances the quality of principal buildings, parking lots, and overall site development.
      (9)   Adequate provision is made for storm drainage within and through the site in compliance with the applicable storm water regulations and best engineering practices for storm water drainage.
      (10)   Any overlay parcels to be incorporated into the site plan are vacant or will be vacant at the time of the proposed development.
   (d)   Significance of an Approved Overlay Site Plan.
      (1)   An approved site plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations at any time, provided that the new ownership complies with all applicable approvals, stipulations, and conditions related to the approved site plan.
      (2)   The site plan approval shall become null and void if the applicant does not commence construction or implementation of the plan within two years of the date of final approval of the site plan by Council. The applicant may request an extension from Council of the time in which to commence construction or implementation of the plan.
      (3)   All subsequent construction and development for each component part may be approved by the Building and Zoning Inspector when he or she determines that the intended construction is in accordance with the approved site plan. Any departure from such approved plan shall be considered pursuant to division (e) of this section.
   (e)   Site Plan Modifications after Approval.
      (1)   A minor modification to the approved site plan may be approved by the Building and Zoning Inspector. A modification shall be considered minor when it results in:
         A.   Minor changes to the footprint of the buildings and/or changes in the floor area allocations for each use or in the general locations as specified on the approved site plan that do not materially impact parking or the building layout;
         B.   Changes to signs, lighting, or parking that are essentially equivalent to what were included in the previously approved site plan; or
         C.   Changes to the landscape plant material that are essentially equivalent to the approved plant material, provided they do not change the buffer design as approved by the Planning Commission and Council.
      (2)   Any modification to the approved site plan that does not satisfy the criteria in this division (e) shall be considered a plan amendment and shall only be approved pursuant to the procedures for site plan approval as specified in division (b) of this section.
(Ord. 2018-40. Passed 6-27-18.)