(a) Development Plan Review Required. A development plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, signs, and outdoor storage areas shall be required for the following:
(1) New construction of all permitted uses in commercial, office, and industrial districts;
(2) New construction of all non-residential permitted uses in the Country Home District;
(3) New construction of all conditional uses; and,
(4) Any existing or previously approved development meeting the criteria of subsections (1) through (3) above that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use; or changing the use which requires an increase in the amount of parking or a change in the site's circulation.
(b) Exemptions from Development Plan Review.
(1) Individually developed single-family detached dwelling units or uses accessory thereto shall not be subject to development plan review, but shall seek and receive approval for a zoning permit as required by Section 1258.04, Zoning Permits for a Single-Family Detached Dwelling or Use Accessory Thereto.
(2) A change of occupancy in an existing structure, or in a previously approved development plan, when there is no change in the bulk of the structure, and no change in the parking required, shall be exempt from the development plan review procedures.
(c) Pre-application Meeting. The applicant is encouraged to meet with the Planning Commission, prior to submitting an application for development plan review, in order to review preliminary plans. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this 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.
(d) Development Plan Review Procedures. Development plans shall be reviewed and distributed according to the following:
(1) Review for Completeness. Within twenty days after receiving an application, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator 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 Zoning Administrator 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.
A. When the Zoning Administrator determines that the application is complete, the Zoning Administrator 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 Zoning Administrator within ten days from the date the application is deemed complete.
B. All applications for development plan review shall also be transmitted to the Village Architect who shall provide a recommendation to the Planning Commission regarding the appropriateness of the proposed development based upon the criteria and standards in this Zoning Code.
(3) Transmission to the Planning Commission. The Zoning Administrator shall distribute the application for development plan review and any reports prepared by the individuals in subsection (2) above to the Planning Commission, at least three days prior to the time of the Commission's review at their next regularly scheduled meeting.
(4) Action by the Planning Commission. The Planning Commission shall review the development plan according to the applicable criteria in Section1258.05 (f). Following its review, the Planning Commission shall:
A. Approve the development plan as submitted; or
B. Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
C. Deny the development plan. If the Planning Commission finds that a proposed plan does not meet the purposes of these regulations, it shall deny the plan and shall submit its findings in writing to the applicant upon the applicant's request; or,
D. Postpone the development plan for the next scheduled Planning Commission meeting, demonstrating to the applicant an acceptable alternative plan.
(5) Appeals of Planning Commission Decisions. Decisions by the Planning Commission granting or denying approval of a development plan shall be final. Appeals shall be subject to judicial review in attendance with law.
(6) Failure of the Planning Commission to Act. Failure of the Planning Commission to act within 120 days from the date the application was deemed complete, or an extended period as may be agreed upon, the applicant may deem the application denied.
(7) Re-application. The Zoning Administrator shall accept no re-application for a development plan unless the re-application is based on a revised application that addresses the justification for the denial of the initial application. A re-application shall comply with all the requirements of this chapter, including payment of the required fee. If an application is denied as a result of Section 1258.05 (d)(6), Failure of the Planning Commission to Act, the Zoning Administrator shall accept a re-application for development plan review that has not been revised from the previous submittal.
(e) Development Plan Submission Requirements. The applicant shall submit a development plan to the Zoning Administrator along with payment of the required fee. The development plan shall be prepared by a qualified professional and drawn to an appropriate scale, and shall disclose all uses proposed for the development, their location, extent, and characteristics. The application for a development plan review shall include the following maps, plans, designs and supplementary documents, unless items are determined by the Zoning Administrator to be inapplicable or unnecessary and are waived in writing by the Zoning Administrator:
(1) Location and height of existing and proposed buildings and structures;
(2) Accessory buildings and uses;
(3) Off-street parking and loading areas including lane and other pavement markings to direct and control parking and circulation and including the location of signs related to parking and traffic control;
(4) Adjacent streets;
(5) Adjacent property including buildings, parking and drives within 200 feet of the site;
(6) Arrangement of internal and in-out traffic movement including access roads and drives;
(7) Fences, walls, and signs;
(8) Sanitary sewers, water and other utilities;
(9) Drainage provisions;
(10) A lighting plan that includes:
A. A plan showing location of all exterior light fixtures, controllers and transformers.
B. Property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent rights-of-way, north arrow, and scale.
C. Specifications, including height, and drawings or photographs for all exterior light fixture types, poles, conduit and appurtenant construction.
D. Lamp wattage of all proposed luminaires.
E. Photometric levels and any light trespass at the boundaries of the development.
F. Cut sheets for all proposed exterior light fixtures and poles.
G. Any other information and data reasonably necessary to evaluate the required lighting plan.
(11) Four elevations including a front, rear and two side elevations, together with additional views or cross sections, if necessary, to indicate completely the exterior appearance of the structure. All elevations shall be drawn to the same scale, which shall be not less than one-eighth of an inch to the foot, except that the front elevation may be drawn to a larger scale. Each elevation shall show the accurate location of windows, doors, shutters, chimneys, porches and other architectural features, all materials and finishes, an accurate finish grade line, existing topography and major vegetation features;
(12) Proposed grading, landscaping and screening plans;
(13) Dimensions of all buildings, setbacks, parking, drives and walkways; and,
(14) Other features or documentation necessary for the evaluation of the development plan as deemed necessary by the Zoning Administrator or Planning Commission.
(f) Criteria for Reviewing Development Plans. In reviewing a development plan, the Planning Commission shall review the 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 and consultants when reviewing the application. In order to approve a development plan, the Planning Commission shall consider such factors as:
(1) The plan is consistent with any plan for the orderly development of the Village and conforms in all respects to the regulations of this Zoning Code.
(2) The appropriate use and value of property within and adjacent to the area will be safeguarded.
(3) 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.
(4) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.
(5) The development will have adequate public service, parking, and open spaces.
(6) 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 this Zoning Code.
(7) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas.
(8) Upon review and recommendation of the Village Engineer, points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments.
(9) Adequate provision is made for emergency vehicle access and circulation;
(10) The proposed signs, when part of a sign plan, are:
A. An appropriate size, scale, and design in relationship with the principal building, site, and surroundings;
B. Adequately identify the use; and,
C. Located to maintain safe and orderly pedestrian and vehicular circulation.
(11) The landscape plan will adequately:
A. Enhance the principal building and site;
B. Maintain existing trees to the extent possible;
C. Buffer adjacent incompatible uses;
D. Break up large expanses of pavement with natural material; and,
E. 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.
(12) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Zoning Code and any other design criteria established by the Village or any other governmental entity which may have jurisdiction over such matters.
(13) Site lighting is designed to minimize direct light, glare, and excessive glow, which unreasonably interferes with the use and enjoyment of adjacent property. If it is determined that, once the project is completed, the lighting does have unreasonable adverse impact on adjacent property, the Zoning Administrator may order reasonable alterations to the site lighting (such as reduced illumination, shielding, landscaping, etc.) to mitigate such unreasonable impacts;
(14) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing criteria are complied with at the completion of each stage.
(15) The Plan must comply with all laws and ordinances of the Village of Walton Hills, this Zoning Code, and other adopted Village policies.
(g) Significance of An Approved Plan; Plan Revisions.
(1) An approved development plan shall become for the proposed development a binding commitment of the specific elements approved for development.
(2) All construction and development under any building permit shall be in accordance with the approved development plan. Any departure from such plan shall be cause for revocation of the zoning permit and/or building permit, and the property owner or other responsible parties are subject to penalties as prescribed by this Zoning Code.
(3) Any changes in an approved development plan shall be resubmitted for approval in accordance with this chapter.
(h) Expiration of Development Plan Approval. An approved development plan shall remain valid for a period of twelve months following the date of its approval, unless the Planning Commission authorizes a longer period at the time of approval. If, at the end of that time, construction of the development has not begun, then approval of such development plan shall expire and shall be of no effect unless resubmitted and re-approved 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.
(i) 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 subdivision regulations in the Planning and Zoning Code. Development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.
(j) Approval of Development Plan Requiring Variances. If an application for development plan approval requires approval of both a development plan and a variance, the applicant shall seek approval of the development plan first.
(k) Equivalency Provision. In reviewing an application for development plan approval, the Planning Commission may find that a development plan either adheres or is equivalent to the requirements of this Zoning Code.
(1) The Planning Commission may consider elements of a development plan to be equivalent to a requirement if:
A. The proposed development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district;
B. 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. 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) It shall be the responsibility of the applicant to demonstrate to the Planning Commission that the provisions of this section have been satisfied. 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 as if the application were in strict compliance with the standards and requirements in this Zoning Code.
(3) Approval under this section is not a variance. Instead, this subsection allows applicants to satisfy zoning requirements in ways not anticipated by the Village.
(Ord. 2009-17. Passed 9-15-2009.)