(a) Purposes. The purpose of the ADD-2, Austin Development District 2, is to implement that certain Court Order, entered by the Montgomery County Common Pleas Court litigation between the then owners of the ADD-2, Austin Development District property, GCC AUSTIN, LTD. Wooster Associates, and Victory 4, LLC, and the City of Springboro, Ohio, Case No. 2003-CV-1166 (Court Order). Among other things, the Court Order establishes a process to be followed in the development of the ADD-2, Austin Development District.
(b) Definitions.
(1) Development Parcel. That certain parcel consisting of approximately 54 acres +/- identified as "Development Parcel" as set forth on the attached Map A subject to change pursuant to the Court Order. If the Development Parcel changes pursuant to the Court Order, this subsection (b)(1) and Map A shall be amended to reflect said change.
(2) TIF Roads. Map A attached, shows schematically a system of public streets anticipated to be constructed upon the Development Parcel and other property. A portion of those streets are identified on Map A as "TIF Roads". The locations of the TIF Roads may be changed pursuant to the Court Order, provided that the TIF Roads as so relocated shall provide public street access from Miamisburg Springboro Pike to the contiguous property located to the southwest of the Development Parcel that is at least substantially as direct as the access provided by the TIF Roads shown on Map A. The TIF Roads shall be dedicated, constructed and paid for as provided for in Section 13 of the Court Order.
(3) Comprehensive Plan. The Court Order constitutes an amendment to the City's Comprehensive Land Use Master Plan, only as it relates to the Development Parcel, to provide for land uses and procedures for implementing those uses on the Development Parcel consistent with the uses provided for on Map A attached. This Chapter 1269 implements the City's Comprehensive Land Use Master Plan as amended by the Court Order.
(4) PUD Development Standards. The development standards for the Development Parcel are those provided for in the PUD Planned Unit Development District of the Springboro Zoning Code in effect on September 3, 2004 and as described in Chapter 6 of the Austin Interchange Land Use and Development Plan-Final Draft dated May 13, 2004 (Austin Plan) except that, where the provisions of this Chapter 1269 of the Springboro Ordinances are less restrictive, more restrictive or otherwise in conflict with said development standards, the provisions of the Chapter 1269 shall control.
(5) Site Layout Plan. Map A constitutes the Site Layout Plan for the Development Parcel until the Site Layout Plan shown on Map A is amended by one or more POD Plan approvals hereinafter described, or is adjusted as otherwise set forth herein; and after one or more such amendments or adjustments, the Site Layout Plan approved by City Council as part of the most recent such amendment or adjustment. At all times the Site Layout Plan then in effect shall control development of the Development Parcel as the basis for approval of final development plans. Any changes in the boundaries of the Development Parcel pursuant to the Court Order shall result in adjustment of the Site Layout Plan to cause the "Hospitality/Restaurant/Office" designation on Map A to include the newly adjusted Development Parcel boundaries. Concurrently with the issuance by ODOT and/or Montgomery County of an access plan for Miamisburg/Springboro Pike or Springboro Pike which eliminates, relocates or reconfigures any of the Intersections or with any refusal by ODOT and/or Montgomery County to approve an Intersection or with any requirement by ODOT and/or Montgomery County that an Intersection be relocated or configured, the Site Layout Plan shall be adjusted to make changes consistent therewith to the road system and use designations on the Development Parcel. Each adjustment to the Site Layout Plan pursuant hereto shall be approved by City Council by motion as an administrative action. The Site Layout Plan:
A. Is compatible with the location, topographic, and other characteristics of the site and surrounding land uses;
B. Is carefully designed to support surrounding streets, utilities and other public improvements;
C. Represents an efficient and economic use of the land in view of the community's need for a balance of land uses; and
D. Appears capable of being implemented by a Final Development Plan that meets all of the review and approval requirements set forth herein.
(6) Public Streets. Map A shows locations at which public streets anticipated to be constructed on the Development Parcel would intersect with Miamisburg Springboro Pike and Springboro Pike, respectively, subject to possible relocation as herein provided.
(7) Uses. The permitted uses use limitations and other use restrictions in the ADD 2 District are set forth in Attachment One, hereto.
(c) Procedures for Plan Approvals. The following procedures shall apply to the approval of POD Plans, Final Development Plans and Record Plans, as herein defined, for the Development Parcel. Each POD Plan and Final Development Plan submitted hereunder shall be forwarded to the Intergovernmental Advisory Committee pursuant to the Austin Plan only for advisory review for consistency with the development standards in Chapter 6 of the Austin Plan.
(1) "POD Plan" means a revised Site Layout Plan which (i) must identify, with the same level of detail as shown on Map A, the street system within the Development Parcel and the uses permitted on the various portions of the Development Parcel, (ii) must identify a POD (as defined below) not identified in any previously approved POD Plan, (iii) must show each previously approved POD in the same manner and with the same information as previously approved, and (iv) may provide such additional information concerning the new POD as the developer shall determine to facilitate City Council's review. In addition,
A. Each POD Plan shall be submitted to City Council for concept review and approval.
B. City Council will, by motion as an administrative action, approve the POD Plan, approve the POD Plan with conditions approved by the owner, request additional detail or information from the owner, or deny the POD Plan.
C. Each Final Development Plan shall include the Site Layout Plan, and following approval by City Council of any POD Plan, that POD Plan becomes part of the Site Layout Plan until an amended or adjusted Site Layout Plan is subsequently approved by City Council.
(2) "POD" means as follows: the "POD" identified on the first approved POD Plan must be at least 15 contiguous acres; the "POD" identified on the second approved POD Plan, if necessary, must include at least the lesser of10 contiguous then undeveloped acres or the balance of the Development Parcel not submitted as part of the first POD; the "POD" identified on the third POD Plan, if necessary, must include at least the lesser of 10 contiguous then undeveloped acres or the balance of the Development Parcel not submitted as part of the first or second POD; the "POD" identified on the fourth POD Plan, if necessary, shall represent the balance of the Development Parcel not included in the first, second or third POD.
(3) Final Development Plan Submission. Each Final Development Plan shall be submitted to the Planning Commission for review and approval and shall show the following for the part of the Development Parcel that is subject to that Final Development Plan:
A. The area to be developed with accurate acreage, courses and distances, as determined by an engineer or surveyor licensed in the state of Ohio who shall sign such plan and certify to the accuracy thereof.
B. The location and floor plans of all buildings, descriptive data as to, and elevation drawings detailing, the type of buildings.
C. Descriptive data concerning the sewer, water and storm drainage facilities within the Development Parcel, identifying the entity, whether public or private, to whom such facilities are to be dedicated or transferred.
D. Plans drawn at a scale of 1 inch equals 100 feet, or less, incorporating the following elements:
1. A general location map-at appropriate scale-of the property and adjacent environs within 1/4 mile indicating municipal, township, or jurisdictional boundaries; public facilities such as schools, parks, and other public buildings and uses; arterial streets and highways; and major utility easements.
2. An area map showing adjacent property owners, existing zoning at the time of application, existing land uses, and existing streets and highways within 200 feet of the parcel.
3. A professionally prepared survey of the Final Development Plan property, including boundaries of that property, including a legal description of the metes and bounds of the parcel and the acreage therein, and indicating existing features including public and private streets, alleys, easements, utility lines, general topography, vegetation, and physical features.
4. Existing contours at 5-foot intervals or less, accompanied by an outline of the grading plans.
5. The proposed street system for the Final Development Plan property and the relationship of that street system to the street system for the remainder of the Development Parcel, including designation of arterial and collector thoroughfares agreeable to the Planning Commission, where such thoroughfares are indicated in the Mobility Master Plan of the City of Springboro or where they are otherwise necessary for efficient vehicular circulation. Such street plan shall identify which streets shall be public streets and which shall be private streets or drives within public access easements and points of ingress and egress (which, with respect to access onto Springboro Pike and Miamisburg Springboro Pike, shall be consistent with the then-approved Site Layout Plan).
6. Drainage control, including a plan showing provisions for the control of erosion and sediment during and after construction, such plan to be accompanied by documentation indicating the review and recommendation of the plan by the Montgomery County Soil and Water Conservation District or other competent agency or soil scientists.
7. The location, size and landscaping of the Final Development Plan property.
8. Pedestrian circulation features, including all sidewalks, bikeways, and paved areas, within the Final Development Plan property.
9. Natural features such as woodlots, significant isolated trees (of diameter at breast height of 5 inches or more), streams, and lakes or ponds.
10. The general nature and location of public and private utilities and community facilities and services, including maintenance facilities within the Final Development Plan property.
11. A soil interpretive map, indicating the degree of limitation; suitability of existing soils for each area and type of development.
(4) Conditions For Final Development Plan Approval. The Planning Commission shall review each Final Development Plan and approve, modify and approve or disapprove the plan and transmit notice thereof to the applicant within a reasonable time. The Planning Commission shall approve each Final Development Plan upon finding that the following requirements are met:
A. The Final Development Plan accurately sets forth the area to be developed and the acreage within the area to be approved is set forth as well;
B. The Final Development Plan is substantially in accordance with the Site Layout Plan; and
C. All areas designated for public acceptance (except streets as then shown on the Site Layout Plan, which shall have become conceptually satisfactory to the City by City Council's approval of the Site Layout Plan) are conceptually satisfactory to the City including public access easements.
(5) Planning Commission Action on Final Development Plan. The Planning Commission shall approve, modify and approve, or deny an application for approval of a Final Development Plan within a reasonable time after the date of such application. Upon approval of the Final Development Plan by the Commission, the Commission shall:
A. Furnish the developer with written notice of approval;
B. Authorize the issuance of a zoning certificate for each structure indicated on the approved Final Development Plan; and
C. Record the Final Development Plan. Approval of a Final Development Plan does not obligate the City Council to approve the Record Plan. Planning Commission approval of a final Development Plan is a necessary precondition to consideration and approval of a Record Plan.
(6) Record Plan. Within 6 months of approval of the Final Development Plan for any specific area within the Development Parcel, a Record Plan for the area shown on the Final Development Plan shall be submitted in accordance with the City's Subdivision Regulations.
A. Documents. At the time each Record Plan is filed with the Planning Commission, the developer shall also file:
1. Cost estimates for all public improvements in the subdivision plan; and
2. Other documents and assurances required by the Subdivision Regulations.
B. Final Approval by Planning Commission. Within 60 days after the Record Plan is filed with all necessary documents and exhibits, the Planning Commission shall recommend approval, approval with modification or disapproval of the Record Plan and forward its recommendation to Council.
C. Final approval by Council. Within 60 days after the Planning Commission makes its recommendation on the Record Plan, Council shall approve, modify and approve, or disapprove it. Council shall approve the Record Plan if it is consistent with the Final Development Plan covering the Record Plan property and complies with the City's Subdivision Regulations.
(d) Recording. Upon Council approval of the Record Plan, the Planning Commission shall notify the applicant, and thereafter, upon payment of the required fee by the applicant and compliance with all Subdivision Regulations, the City shall see to it that the Record Plan maps and other related documents are recorded with the Montgomery County Recorder's office. At the same time, the Final Development Plan corresponding to the Record Plan shall also be recorded by the City.
(e) Court Order. This Chapter 1269 ADD-2 Austin Development District 2 is taken from the Court Order. Any questions of interpretation of whatever nature of this Chapter 1269 of the Springboro Zoning Code shall be addressed first by the parties themselves by looking first to the Court Order to determine the accuracy and intent of this Chapter 1269. If the question of interpretation cannot be resolved by the parties either party may apply to the Court to resolve the question in interpretation.
(Ord. 0-15-4. Passed 2-19-15.)