Applications for proposed townhouse developments shall be reviewed by the Planning Commission and Council in accordance with the procedures set forth in this Section.
(a) Pre-Application Meeting Encouraged. The applicant is encouraged to meet with the Planning Commission and Council prior to submitting an application for general development plan review or final development plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this Planning and Zoning Code and the criteria and standards contained within. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.
(b) General Development Plan Submission Requirements. An application for general development plan review shall include a plan for the entire area of the proposed project. The general development plan shall indicate the general concept of development for the entire site including the general location of use areas, open space and circulation patterns. The application, including the general development plan and the application fee, shall be submitted to the Inspector of Buildings. The general development plan shall be drawn to an appropriate scale and shall indicate:
(1) The location of all existing structures and access points within the proposed development.
(2) The general location of existing buildings, parking areas and access drives on parcels within 200 feet of the site of the proposed development.
(3) The general location of proposed cluster or attached single-family dwelling units and any proposed recreationa1 facilities within the proposed development.
(4) The proposed circulation system of local streets, private streets, access ways, off-street parking areas and major points of access to public rights of way for the proposed development.
(5) The general layout of the existing and proposed pedestrian circulation system within the proposed development, including its interrelationship with the vehicular circulation system .
(6) A summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and common open space, the proposed density, and the number and size of proposed dwelling units by type.
(7) The existing topography, major vegetation features, and wooded areas of the proposed development area.
(8) A general landscaping plan indicating:
A. The proposed treatment of and materials to be used for common areas of the proposed development area.
B. The proposed treatment of the perimeter of the proposed development, including the materials and technique to be used such as screens, fences, and walls.
C. Natural features to be conserved in the proposed development.
D. A Tree Protection Plan in accordance with Chapter 1494, "Tree Regulations."
(9) Illustrations (either elevations, renderings or photographs) and/or a written description of the type and quality of dwelling units anticipated for the proposed development.
(10) Other information necessary for the evaluation of the general development plan as deemed necessary by the Planning Commission.
(c) Final Development Plan Submission Requirements. The application for final development plan review shall be required for each phase of development. The final development plan shall indicate, among other things, the exact location of buildings, landscaping, parking areas, access drives and signs. The application and the application fee shall be submitted to the Inspector of Buildings. The application shall include the maps, plans, designs and supplementary documents itemized below.
(1) An accurate, legal description of the site prepared or certified by a registered surveyor of the State.
(2) A property 1ocation map showing existing property lines, easements, utilities and street rights-of-way.
(3) A final development plan, prepared by a qualified professional and drawn to an appropriate scale, indicating the following for the proposed development:
A. The use, location and height of existing buildings and structures;
B. The exact location and parameters within which cluster and attached single-family dwelling units are to be constructed, and the use and location of recreationa1 facilities proposed;
C. The 1ocation and configuration of vehicular circulation including all proposed public rights-of-way, private streets and common drives; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;
D. The location and configuration of the pedestrian circulation system;
E . The dimensions of all proposed building/unit spacing, setbacks, parking areas, drives and walkways;
F. The location of proposed and existing structures including fences, walls, signs, and lighting; and
G. Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management.
(4) Drafts of covenants, grants of easements, or the restrictions proposed to be imposed upon the use or maintenance of land, and the improvements thereon, including those areas which are to be commonly owned and maintained such as open space areas, common drives and sidewalks; any requirements relating to the size, location and type of accessory uses associated with individual units; and proposed easements or grants for public utilities.
(5) Architectural plans for the proposed development in accordance with the requirements of the Architectural Board of Review.
(6) Topographic maps showing existing grading contours and major vegetation features, wooded areas, and other environmental features.
(7) Detailed landscaping plans including the following:
A. The description and location of landscape materials proposed for common areas;
B. The proposed treatment of the perimeter of the townhouse development, detailing the description and location of landscape materials and screening such as fences and walls within and outside the required buffer areas; and
C. Natural features to be conserved or removed.
(8) A Tree Protection Plan and other information required by Chapter 1494, "Tree Regulations."
(9) Other information necessary for the evaluation of the final development plan as deemed necessary by the Planning Commission.
(d) Development Plan Review Procedures. Development plans, both general and final shall be reviewed and distributed according to the following procedures.
(1) Review for completeness. Within 30 days after receiving an application, the Inspector of Buildings shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Inspector of Buildings shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Inspector of Buildings shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Planning Commission's agenda.
(2) Distribution of plans. When the Inspector of Buildings determines that the application is complete, the Inspector of Buildings shall forward the application to the appropriate City departments and staff, the Architectural Review Board, the City Engineer and professional consultants, as needed, for review and comment. Any reports, comments, or expert opinions shall be returned to the Inspector of Buildings within 60 days from the date the application is deemed complete.
(3) Transmission to the Planning Commission. The Inspector of Buildings shall distribute the application for development plan review and any reports prepared by the individuals in subsection (2) above to the Planning Commission, prior to the time of the Commission's review at their next regularly scheduled meeting.
(e) Planning Commission Review Of General Development Plans. The Planning Commission shall review a general development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendations of staff, consultants and the Architectural Review Board when reviewing the application. In order to approve a general development plan, the Planning Commission shall determine that:
(1) The appropriate use and value of property within and adjacent to the area will be safeguarded.
(2) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.
(3) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in the Codified Ordinances of Pepper Pike.
(f) Planning Commission Review Of Final Development Plans. The Planning Commission shall review a final development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff, consultants end the Architectural Review Board when reviewing the application. In order to approve a final development plan, the Planning Commission shall determine that:
(1) The plan conforms in all respects to the approved or provisionally approved general development plan and the applicable regulations of the Codified Ordinances of Pepper Pike provided, however, that the Planning Commission may authorize minor changes in the plans as specified in subsection (j).
(2) The design of buildings, location of garages and use of exterior materials are compatible with the character and quality of the typical single-family homes currently being approved in Pepper Pike.
(3) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.
(4) The development will have adequate public services.
(5) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas.
(6) The landscape plan will adequately:
A. Enhance the proposed dwelling units and site;
B. Maintain existing trees to the extent possible;
C. Buffer adjacent uses; and
D. Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.
(7) Adequate provision is made for storm drainage within and throughout the site so as to maintain, as far as practicable, usual and normal swells, watercourses and drainage areas, and shall comply with the applicable regulations in this Planning and Zoning Code and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters.
(8) The maximum possible privacy for adjacent residential properties shall be provided through good design and use of the proper building materials and landscaping.
(9) Adequate provisions are made in the final covenants and restrictions to be imposed upon the development relating to the following:
A. The use and development of accessory structures and uses associated with individual dwelling units; and
B. The maintenance of the land, including any common areas, common drives and sidewalks.
(g) Request For Additional Information. In their review of an application, the Planning Commission may request that the applicant supply additional information that the Commission deems necessary to adequately review and evaluate the proposed development.
(h) Simultaneous Plat Approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with the Subdivision and Land Development Regulations. General development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.
(i) Action By Planning Commission.
(1) For a general or fina1 development plan, the Planning Commission shall either:
A. Approve the development plan as submitted; or
B. Approve the plan subject to specific conditions not included in the plan as submitted to further protect and improve the proposed and surrounding development; or
C. Deny the development plan when the application does not demonstrate that the required standards have been met.
(2) If the Planning Commission fails to act within 90 days from the date of the Planning Commission meeting after the development plan submitted to the Planning Commission by the Building Inspector was determined complete, or an extended period as maybe agreed upon, then the applicant may deem the development plan denied.
(j) Equivalency Considerations. In reviewing the application, the Planning Commission may find that a final development plan which does not strictly comply with one or more numerical requirements or one of more of the material regulations of this Chapter is equivalent to requirements of this Chapter. The maximum density of Section 1267.04(a) shall not be altered.
(1) In making such finding, the Planning Commission may determine that the elements of a final development plan are equivalent to a numerical requirement:
A. When the proposed final development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of this Chapter;
B. When through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and
C. When the development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
(2) When evaluating the application with respect to this section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such finding, the Commission may approve the proposed application, including waivers from the numerical standards herein, as if the application were in strict compliance with the standards and requirements of this Chapter, except that the maximum density of Section 1267.04(a) shall not be altered.
(k) Review by Council. When the Planning Commission recommends approval of a general or final development plan, the recommendation, along with the application, shall be submitted within 20 days to Council for review.
(1) The purpose of Council's review shall be to confirm or deny the recommendation of the Planning Commission.
(2) Council shall act on the application according to the following:
A. Council may, by a majority vote, confirm the recommendation of the Planning Commission or modification thereof; or
B. Council may, by a majority vote, refer the development plan application back to the Planning Commission for further study and review. Any additional review shall comply with the time frame allotted in subsection (i)(2); or
C. Council may, by a majority vote of its membership, approve a modification of the recommendation of the Planning Commission; or
D. Council may, by a majority vote of its membership, reject the recommendation of the Planning Commission.
(3) Failure of Council to act within 60 days from the date Planning Commission makes a recommendation shall be deemed a rejection of the Planning Commission's recommendation.
(l) Significance Of An Approved Plan; Plan Revisions. An approved final development plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved development plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. Such a transfer shall occur only upon approval of the Planning Commission and Council. A request for such a transfer or change of ownership shall be presented to the Planning Commission and Council and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original development plan. All construction and development under any building permit shall be in accordance with the approved plan. Any departure from such plan shall be cause for revocation of the permit. Any changes in an approved plan shall be resubmitted for approval in accordance with this Chapter.
(m) Expiration Of Development Plan Approval. An approved development plan shall remain valid for a period of 12 months following the date of its approval, unless the Planning Commission or Council authorizes a longer period at the time of approval.
(1) General development plan. If, at the end of that time, a final development plan has not been submitted to the Inspector of Buildings, then approval of the general development plan shall expire and shall be of no effect unless resubmitted and reapproved in accordance with this Chapter.
(2) Final development plan. If, at the end of that time, construction of the development has not begun, then approval of such final development plan shall expire and shall be of no effect unless resubmitted and reapproved in accordance with the procedures set forth in this Chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.
(n) Revisions To Association Documents Approved By Law Director. Whenever a homeowners ' association, community association, condominium association or similar legal entity amends those portions of their recorded instrument, bylaws or code of regulations that pertain to maintenance obligations or access to common areas within a townhouse development, such amendment shall be submitted to the City's Law Director for review and approval. Failure to obtain approval of such amendment shall be deemed a violation of this Chapter.
(Ord. 2002-38. Passed 8-21-02.)