1338.01
Purpose.
1338.02
Approval of the Planned Development Overlay District zoning classification.
1338.03
Development plan requirements and review procedures.
1338.04
Use regulations and development standards.
1338.05
Standards for development plan review.
1338.06
Additional procedures and requirements.
1338.07
Fees.
CROSS REFERENCES
Established - see P. & Z. 1329.01
The purpose of the Planned Development Overlay District (“PDOD”) is to permit comprehensively planned developments approved by City Council and the Planning Commission under more flexible zoning guidelines and site design criteria than permitted in traditional districts.
The suspension of traditional zoning provisions through an overlay district designation is intended to: encourage creative, high-quality site design practices in the development of residential and commercial areas; promote harmony and integration with existing developments; protect adjoining properties from adverse impacts; promote safe and efficient pedestrian, bicycle, and vehicular movement; promote efficient layout of infrastructure; and to promote protection or enhancement of natural and historic resources.
In place of enforcing the traditional zoning provisions, City Council and the Planning Commission may exercise control through approval, denial, or amendment of the Development Plan and by requiring standards, design criteria, conditions, and agreements appropriate for the particular site, its surrounds, and for the proposed use or uses. While certain modifications to the requirements of the Subdivision Ordinance may be permitted in a Planned Development, careful coordination of the design and review of the proposed platting and improvements is encouraged.
(Ord. 23-59AC CMS. Passed 9-5-23.)
(a) The owner of a lot or lots desiring to obtain approval of a PDOD shall initiate such proposal by the submission of an application for an amendment to the Zoning Map to the City Planning Commission. The provisions of Sections 1327.02 through 1327.06 of this Zoning Ordinance shall be applicable to the application for a rezoning to the Planned Development Overlay District.
(b) The application shall be accompanied by a sketch plan which in a general manner shows the various structures and uses contemplated for the Planned Development if the rezoning is approved.
(c) Expiration of PDOD Approval. If the construction of any phase of an approved
Planned Development begins within two (2) years after the date of the ordinance granting approval of the Final Development Plan as set forth in Section 1338.03, the approval shall be valid until the Planned Development is completed. However, if the applicant fails to obtain the approval of the Final Development Plan in accordance with the provisions of this chapter, or if no construction of any phase of an approved Final Development Plan has begun within two years after final approval is granted, all approvals shall expire, and the land shall revert to the zoning classification existing prior to the application for the amendment to the Zoning Map for the PDOD. For good cause shown, an extension of time may be approved by Council as an amendment to the ordinance granting final approval of the Final Development Plan after a recommendation by the Planning Commission that the time be extended.
(Ord. 23-59AC CMS. Passed 9-5-23.)
Upon the approval of the amendment to the Zoning Map, the following requirements and procedures shall apply to the submittal, review, and approval of plans for a Planned Development:
Planning Commission review and recommendation of a Preliminary and a Final Development Plan for a Planned Development.
(a) Preliminary Development Plan.
(1) Required Content of Preliminary Development Plan. The applicant proposing a Planned Development shall submit the information described in all items below which, together with any other information, agreements, statements, or commitments approved by the Planning Commission, shall constitute the Preliminary Development Plan for the proposed Planned Development.
A. Completed application form.
B. Name, address, and phone number of the owner of the lot or lots and, if applicable, of the owner's designated agent.
C. Legal description of the property, including a survey of the lot or lots to be included in the Planned Development.
D. Description of the existing use of the subject lot or lots.
E. A statement of the specific use or uses proposed to be established in the Planned Development, including the number of dwellings, the number of residential buildings by type and number of dwellings per building, all non-residential uses and buildings and the amount of floor area dedicated to each, the amount of acreage proposed for each use, and any planned accessory uses such as outbuildings, pools, recreation shelters, or parking structures.
For all non-residential uses, the applicant shall also provide a description of the activities proposed on the site, including the goods or services, hours of operation, anticipated number of employees, nature and volume of delivery activity, and other information which will enable the Planning Commission to clearly understand the nature of the proposed use and its potential impacts.
F. A plan of the proposed site and improvements showing the proposed location of all buildings, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping features, existing and proposed topography, and other relevant features.
G. A narrative statement discussing the compatibility of the proposed use with the existing uses of adjacent lots, with the zoning districts of adjacent lots, and with the Comprehensive Plan and other plans of the City, including an evaluation of the effects on adjoining lots of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and stormwater.
H. A narrative addressing each of the provisions set forth in Section 1338.04 Use Regulations and Development Standards.
I. Such other information as the Planning Commission shall deem necessary to make a determination of the compliance of the proposed development and uses with the applicable standards and regulations. Such additional information may include, but shall not be limited to:
1. Traffic analysis
2. Drainage analysis
3. Evidence of financial capability
4. Construction schedule
5. A study or an assessment of the impact of the proposed development on the capacity of the Oberlin Public Schools
J. A narrative text, proposed legal devices, illustrations, tables, material samples, and other materials and information as determined necessary by the Planning Commission to describe the design criteria proposed for the development, including standard street signs, permanent development signs, fences, maintenance agreements, covenants and restrictions.
K. Sketch or draft elevations of the proposed building or buildings indicating maximum heights. Locations of existing buildings and structures on abutting properties, including approximate setbacks from property lines.
L. A plan of the vehicular, pedestrian, and bicycle facilities, showing how these facilities relate to the existing and planned facilities surrounding the site and providing traffic impact studies and projections.
M. Anticipated time schedule for construction of the improvements and buildings, including any anticipated phases of development.
N. The locations and approximate acreage of common open space, recreation areas, and reserves, the aggregate of which shall not be less than fifteen percent (15%) of the total development site.
(2) Submittal. The applicant shall submit an electronic copy in .PDF format of the Preliminary Development Plan and associated drawings or plans to the Planning and Development Director at least fourteen (14) days prior to the Planning Commission meeting at which it is to be reviewed.
(3) City Staff Review. The Planning and Development Director shall distribute the materials to the Public Works Director, Fire Chief, Police Chief, City Engineer, City Stormwater Coordinator and Oberlin Municipal Light and Power System Director for review for compliance with all applicable requirements and for comments with regard to the Standards for Development Plan Review set forth in Section 1338.05 of this Zoning Ordinance.
(4) Planning Commission Review and Action. The Planning Commission shall review the Preliminary Development Plan and take action within ninety (90) days after the Commission meeting at which the Plan is first reviewed.
The Planning Commission may: 1) recommend approval of the Preliminary Development Plan as submitted or as modified, or 2) recommend conditional approval of the Plan and stipulate the conditions of such recommendation, or 3) recommend as disapproval of the Plan and express the reasons therefor. The action of the Planning Commission shall be noted on or attached to a copy of the Preliminary Development Plan, which shall be retained in the file by the Planning and Development Director. The Planning Commission’s recommendations on the Preliminary Development Plan shall then be communicated in writing to City Council within ten (10) days of the Commission’s determination of its recommendations.
(5) Effect of Recommendations. The recommendations made by the Planning Commission of a Preliminary Development Plan shall vest no rights in the applicant or the Plan but shall be deemed an expression of approval of the general content and form of the Preliminary Development Plan as a guide to the preparation of the Final Development Plan.
(6) Effect of Recommendation for Disapproval and Council Action. If the Planning Commission recommends the disapproval of a Preliminary Development Plan, then Council may, by motion passed by at least five (5) of its members, either disapprove the Preliminary Development Plan or, on its own initiative, approve or approve with modifications and/or conditions the Preliminary Development Plan. Approval of a Preliminary Development Plan by City Council shall vest no rights in the applicant or the Plan but shall be deemed an expression of approval of the general content and form of the Preliminary Development Plan as a guide to the preparation of the Final Development Plan. Approval of the Preliminary Development Plan by City Council shall be effective for six (6) months.
(b) Final Development Plan. Subsequent to Council’s approval of the Preliminary Development Plan, the applicant may submit a Final Development Plan to the Planning Commission for review in accordance with the provisions of this chapter.
(1) Required Content of Final Development Plan. The applicant proposing a Planned Development shall submit the information described in all items below which, together with any other information, agreements, statements, or commitments as recommended by the Planning Commission and/or approved by City Council, shall constitute the Final Development Plan for the proposed Planned Development.
A. Final Development Plan consistent with the contents of the approved Preliminary Development Plan and with any conditions of such approval.
B. Site plan of the proposed development including a survey of the outer boundaries of the property, the locations of areas to be subdivided into lots and the general dimensions of such lots, off-street parking areas, pedestrian walkways, vehicular circulation, dimensions of the rights-of-way of public and private streets, location and acreage of land to be devoted to all uses, including common open space.
C. Building locations, preliminary building plans, including elevations, proposed types of units, density level, area and setback requirements.
D. Landscaping plans showing the locations and general types of landscaping material to be installed.
E. Engineering plans, showing street locations and typical sections, general provisions for drainage and utility improvements and extensions, and treatment of general topography and common open space.
(2) Submittal. The applicant shall submit an electronic copy of the Final Development Plan and associated drawings and plans in .PDF format or in such other format as may be required by the Planning Commission to the Planning and Development Director at least fourteen (14) days prior to the Planning Commission meeting at which it is to be reviewed.
(3) City Staff Review. The Planning and Development Director shall distribute the Final Development Plan to the Public Works Director, Fire Chief, Police Chief, City Engineer, City Stormwater Coordinator and Electric Director for review for compliance with all applicable requirements and for comments with regard to the Standards for Development Plan Review set forth in Section 1338.05 of this Zoning Ordinance, and any significant changes made between the Preliminary Development Plan and the Final Development Plan.
(4) Planning Commission Review and Recommendation to City Council. The Planning Commission shall review the Final Development Plan and shall make a recommendation for approval or disapproval to City Council within ninety (90) days after the Commission meeting at which the Final Development Plan is first reviewed.
(5) Council Review and Approval. Council, by ordinance passed by at least five (5) of its members, shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof and/or conditions to be placed thereon.
(6) If Council denies the Final Development Plan, the Planning Commission shall not accept or process another application for the same or similar uses affecting the same property or a portion of it until the expiration of a one (1) year period from the date of the denial.
(Ord. 23-59AC CMS. Passed 9-5-23.)
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