Application for Stage II Preliminary Development Plan approval shall be made to the Planning Commission no less than 30 days prior to the next regularly scheduled Planning Commission meeting and shall be accompanied by 12 copies of the following information prepared and stamped by a professional civil engineer registered in the State of Ohio.
(A) Stage II Preliminary Development Plan application contents. The contents of a Stage II Preliminary Development Plan application shall, at a minimum, include the following:
(1) An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivisions, streets and easements within 200 feet of applicant's property.
(2) A topographic map showing contour intervals of not more than five feet of elevation shall be provided.
(3) A preliminary development plan including the following information:
(a) Title of drawing, including name and address of applicant;
(b) North point, scale and date;
(c) Boundaries of the property plotted to scale;
(d) Existing watercourses;
(e) A preliminary development plan showing location, proposed use and height of all buildings; location of all buildings; location of all parking and truck loading areas, with ingress and egress drives thereto; location and proposed development of all open spaces, including parks, playgrounds, and open reservations; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; descriptions of method of sewage disposal and location of such facilities; location and size of all signs; location and design of street and parking lighting, and the amount of building area proposed for residential and non-residential uses, if any;
(f) A transparent overlay showing all soils, areas, and their classifications, and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation and tree coverage;
(g) The zoning district designation for all abutting properties.
(4) A traffic impact study shall be required as provided for in § 153.166.
(5) A conceptual landscape plan shall be provided addressing any project gateways, streetscaping, parking lot landscaping, common open space landscaping, buffer plantings, screening and other required site landscape or buffer elements.
(6) The floor plans, elevations and cross sections for all buildings proposed for the project.
(B) PMUD Development Agreement. The Zoning Enforcement Officer shall provide the Planning Commission with a draft of the PMUD Development Agreement. The development agreement will provide for various development related items, including, but not limited to:
(1) PMUD waivers as mutually negotiated between the village and the applicant.
(2) Operational details of the proposed uses for the site.
(3) Site inspection details and procedure.
(4) Project construction phasing details.
(C) Standard of review for Stage II Consideration of Approval. The Planning Commission review of a Stage II Preliminary Development Plan shall include, but is not limited to, the following considerations when applicable:
(1) Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(2) Adequacy and arrangement of pedestrian traffic access and circulation including: separation of pedestrian from vehicular traffic and pedestrian convenience.
(3) Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4) Location, arrangement, size and placement of the lot layout, buildings and lighting.
(5) Arrangement of landscape features.
(6) Adequacy of storm water and sanitary waste disposal facilities.
(7) Adequacy of structures, roadways in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(8) In its review, the Planning Commission may consult with representatives of any appropriate county, federal and state agencies as it relates to the proposed project. The Planning Commission may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.
(D) The Applicant shall also conform to all other standards, regulations and requirements set for in the Site Plan chapter of the Zoning Code consisting of § 153.160 through § 153.166. In the event a conflict exists between a standard, regulation or requirement found in §§ 153.160 through 153.166 and this PMUD chapter, the standard, regulation or requirement in this PMUD chapter shall control.
(E) Planning Commission action.
(1) Within 45 days of the receipt of a complete Stage II Preliminary Development Plan application, the Planning Commission shall act on it by holding a public hearing pursuant to the procedure set forth in § 153.034.
(2) After a public hearing has been held, the Planning Commission shall issue a formal recommendation to the Village Council regarding the PMUD project application. The Planning Commission shall issue one of the following recommendations: recommend approval, recommend approval with conditions or modifications or they may recommend denial of the application.
(3) As a part of their recommendation to the Village Council, the Planning Commission may recommend one or more edits to the PMUD Development Agreement.
(F) Village Council action.
(1) Within 45 days of the issuance of the Planning Commission recommendation, the Village Council shall act on the application by holding a public hearing pursuant to the procedure set forth in § 153.034.
(2) Following the public hearing, Council shall either approve, disapprove or modify the Stage II Preliminary Development Plan and accompanying PMUD Development Agreement in conformity with the goals of the Silverton Comprehensive Plan and the Purpose Statements set forth in this PMUD chapter. By ordinance, Council may affirm the recommendation of the Planning Commission with or without conditions, modify the recommendation or disapprove a favorable recommendation of the Planning Commission by a majority vote of its members.
(3) Council may reverse a decision of the Planning Commission recommending disapproval of a Stage II Preliminary Development Plan by the affirmative vote of two-thirds of Council present for the Stage II Preliminary Development Plan vote.
(G) PMUD Development Agreement action.
(1) Upon an approval of the Stage II Preliminary Development Plan, the Applicant shall cause the final PMUD Development Agreement document to be recorded at the Hamilton County Recorder's office no later than 90 days upon the date the PMUD zoning map amendment is legal as evidenced by the running of the mandatory 45 day referendum period.
(2) In the event a valid referendum petition has been submitted and the question is certified as a ballot issue being placed on the next eligible general election, the applicant shall not have the responsibility to record the PMUD Development Agreement document until such time as the PMUD may be approved by the voters at the next eligible general election.
(H) Modification of an approved Stage II Preliminary Development Plan.
(1) Minor changes to an approved Stage II Preliminary Development Plan.
(a) Minor changes to an approved Stage II Preliminary Development Plan proposed by the applicant may be reviewed and decided by the Zoning Enforcement Officer, provided such changes comply with all applicable requirements of this Zoning Code and all other federal, state, county or township laws and regulations.
(b) The Zoning Enforcement Officer may refuse to act on any or all proposed changes to an approved Stage II Preliminary Development Plan. In this instance, the applicant is required to follow the procedure for a major change to the plan as set forth in this section.
(2) Major changes to an approved Stage II Preliminary Development Plan. If, in the site development, it becomes apparent that certain elements of the plan, as it has been approved by the Council, are not feasible and are in need of modification, the applicant shall then present a proposed solution to the Planning Commission. A public hearing shall be held consistent with the procedure set forth in § 153.034. The Planning Commission shall then forward a recommendation on the modification request to Village Council.
(a) Upon receiving a recommendation from the Planning Commission, Village Council shall hold a public hearing consistent with the procedure set forth in § 153.034 to consider the applicant's request to modify the approved Stage II Preliminary Development Plan.
(b) When reviewing and considering the modification request, the Planning Commission and Village Council shall determine whether or not the modified Stage II Preliminary Development Plan is still consistent with the "intent" of this Zoning Code and consistent with the original intent of the overall PMUD plan.
(Ord. 15-3490, passed 12-10-15)