1181.07 PROCEDURES FOR REVIEW.
   (a)   Existing Development Modifications. The City staff may approve site and building changes that conform to the Design Standards for the WBC. Such modifications shall be limited to the minor modification of existing buildings, the addition or modification of lighting, fencing, landscaping, accessory structures and wall-mounted signs; and the modification of freestanding signs. Staff approval under this subsection may be used for all properties in the WBC, regardless of the existence of an approved plan for the property per Chapters 1173, 1175 or 1181.
   (b)   Redevelopment/New Development. Shall apply to improvements such as construction of a new building; expansion of a building's gross floor area; construction, alteration or expansion of parking facilities; and construction/installation of freestanding signs. Additionally, requested improvements that do not conform to this Chapter may be subject to the provisions herein.
      (1)   Pre-application. The applicant may request review and feedback from City staff and the Municipal Planning Commission prior to preparing a Preliminary Plan. No discussions, opinions, or suggestions provided shall be binding to the applicant, or the City, or be relied upon by the applicant to indicate subsequent approval or disapproval by the City.
      (2)   Preliminary Plan.
         A.   The owner of a tract of land located in the WBC shall submit to the Municipal Planning Commission for its review, a preliminary plan for the redevelopment and/or change of use of such tract of land. At the time of filing of the preliminary plan, the applicant shall pay a fee of $350.00, no part of which shall be refundable.
         B.   The Preliminary Plan submittal shall include the following:
             1.   A legal description and vicinity map showing the property lines, streets, existing Zoning, and land uses within 300' of the area proposed for development;
            2.   Names and addresses of owners, developers and the registered land surveyor, engineer or architect who made the plan;
            3.   Date, north arrow and total acreage of the site;
            4.   A topographical survey of all land included in the application and such other land adjoining the subject property as may be reasonably required by the City. The topographical survey shall show two foot contours or contours at an interval as may be required by the Municipal Planning Commission to delineate the character of the land included in the application and such adjoining land as may be affected by the application. Elevations shall be based on North American Vertical Datum of 1988 (NAVD88). In lands contiguous to or adjacent to the flood plain of the Olentangy River, existing contours shall be shown in accordance with the elevations set forth in Chapter 1105;
            5.   Existing Structures, parking and traffic facilities, Easements and public Rights-of-Way on the subject property as well as within 300' of the proposed area;
            6.   Existing sanitary and storm sewers, water mains, culverts and other underground facilities within the tract and in the vicinity, indicating pipe size, grades and exact locations;
            7.   The location of Natural Features and provisions necessary to preserve and/or restore and maintain them to maintain the character of the surrounding neighborhood and community. In areas located near the Olentangy River, stormwater quality treatment requirements, downstream surface water protection, and stream corridor protection areas shall be designated, protected, and/or mitigated as required by Ohio EPA's "Construction Site Storm Water in the Olentangy River Watershed" General Permit or the Ohio Department of Natural Resources Rainwater and Land Development Manual, whichever greater. Wetland areas shall be delineated and mitigated as required by the Clean Water Act Sections 401 and 404. A Flood Hazard Permit is required to be filed with the City for all work within the FEMA designated floodplain.
            8.   A tree preservation plan showing all existing trees 6" caliper or larger;
            9.   A preliminary grading plan;
            10.   Preliminary design and location of Structures, Accessory Structures, streets, drives, traffic patterns, Sidewalks or Recreation Paths, parking, entry features, site lighting, landscaping, screening, Public Space Amenities and other features as required by the City;
            11.   The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness of such facilities;
            12.   Parcels of land intended to be dedicated or temporarily reserved for public use, or reserved by deed covenant, and the condition proposed for such covenants and for the dedications;
             13.   Proposed Easements;
            14.   Proposed number of Dwelling Units per acre;
            15.   Proposed uses, including area of land devoted to each use;
            16.   Proposed phasing of development of the site, including a schedule for construction of each phase;
            17.   Homeowners or commercial owners' association materials;
            18.   A written narrative describing the project; and
            19.   Any additional information as required by the Municipal Planning Commission and the City Council.
         C.   The Municipal Planning Commission may approve, approve with modifications, or disapprove the Preliminary Plan based on its conformance with the ordinances of the City.
      (3)   Final Plan.
         A.   Upon determination by the Municipal Planning Commission that the proposed WBC application as shown by the preliminary plan conforms to the requirements of this Chapter and all applicable requirements of this Zoning Ordinance, the proponents shall prepare and submit a Final Plan, which plan shall incorporate any changes or modifications required or suggested by the Commission. At the time of filing the Final Plan for review by the Municipal Planning Commission, the applicant shall pay a fee of $200, no part of which shall be refundable.
         B.   The Final Plan submittal shall include the following:
            1.   An updated construction schedule;
            2.   All items required in the Preliminary Plan, revised as necessary to meet the approval;
            3.   Proposed final design and location of Structures, Accessory Structures, streets, drives, Sidewalks or Recreation Paths, parking, entry features, site lighting, landscaping, screening and other features as required by the City;
            4.   Evidence that the applicant has sufficient control over the land to undertake the proposed development; and
            5.   Covenants and other restrictions which will be imposed upon the use of the land, Buildings, and Structures, and a copy of any bylaws.
         C.   For any development involving the extension of utilities, the owner shall also submit conceptual utility drawings containing the following information:
            1.   The pipe size, slope, manholes and location of the sanitary sewer system;
            2.   The size, shape and slope for all pipes, channels and basins of the storm sewer system with accompanying storm drainage calculations;
            3.   The size and location of water lines and fire hydrants; and
            4.   Street or drive grades, cross sections, elevations and contours at two foot intervals.
If a conceptual utility plan is required, the applicant shall pay a fee of $100.00 per acre for each acre in the development; however, such fee shall not be less than $300.00 for the purposes of reviewing such utility plans.
         D.   If the final plan is found to comply with requirements set forth in this Chapter and other applicable provisions of this Zoning Ordinance, the Commission shall submit such plan with its report and recommendations to the City Council which shall hold a public hearing on the WBC plan.
         E.   Following a public hearing, the Council may approve by Ordinance the final plan as submitted by the Commission or may approve modification of the plan if the modification is consistent with the intent and meaning of this Chapter and is in substantial conformity with the Final Plan as approved by the Commission.
      (4)   Requested modifications to the approved Final Plan shall be reviewed according to the following:
         A.   City Staff. The City staff may approve design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approved Final Plan. Such modifications shall be limited to:
            1.   Minor adjustments in location of Building footprints and parking lots, provided the perimeter required Yards remain in compliance;
            2.   Minor adjustments in Building height;
            3.   Minor modifications in Structure design and materials, and lighting provided there is the same general appearance; and
            4.   Minor modifications of landscaping, including substitution of materials.
         B.   Municipal Planning Commission. The Municipal Planning Commission shall review modifications other than those listed in the above section, and any of the above modifications as recommended by City staff.
            1.   Should the Municipal Planning Commission find that such modification keeps the essential character of the Final Plan, and otherwise meets the provisions of the Planning and Zoning Code, the Municipal Planning Commission may approve such modification.
            2.   Should the Municipal Planning Commission find that such modification does not otherwise meet the provisions of the Planning and Zoning Code, or requires further review, the Municipal Planning Commission shall forward a recommendation of approval or denial to the City Council for consideration.
         C.   City Council. Following a public hearing, Council may approve by resolution the amendment to the Final Plan as submitted by the Commission, may approve modification of the plan if the modification is consistent with the intent and meaning of this Zoning Ordinance or may deny the amendment.
      (5)   Appeal. Any person, firm or corporation, or any officer, department, board or agency of the City who has been aggrieved or affected by any decision of the Municipal Planning Commission or City staff involving an application for the WBC, or any member of the City Council, whether or not aggrieved or affected, may appeal such decision to the City Council by filing notice of intent to appeal within seven days of the date of the decision, and filing a petition with the Clerk of Council within fifteen days from the date of the decision and setting forth the facts of the case. The City Council shall hold a public hearing on such appeal not later than thirty days after such petition has been filed with the Clerk of Council. The City Council, by an affirmative vote of four of its members, shall decide the matter on the merits of the case after giving due consideration to the deliberations and decisions of the Municipal Planning Commission and the City Council's decision shall be final.
      (6)   Expiration. In the event the applicant receiving approval of a WBC plan does not receive the required permits within 18 months of the date of approval, the City shall require the applicant to show cause why such approval should not be revoked. If the Commission determines that the best interests of the City will not be served by the applicant continuing to hold the approval, the Commission shall hold a hearing to revoke the approval.
      (7)   Guarantee of Natural Features Work. Prior to beginning construction, the owner or developer shall provide a bond, letter of credit acceptable to the City, or a certified check, guaranteeing the work of preserving and/or restoring and maintaining Natural Features. The bond, letter of credit or check shall be in an amount equal to the estimated cost of the work of preserving and/or restoring and maintaining Natural Features, and the same shall be released upon acceptance of the Natural Features work by the City and upon the furnishing by the owner or developer of an additional bond or letter of credit acceptable to the City, or a certified check in an amount equal to ten percent (10%) of the estimated cost of the Natural Features work to guarantee maintenance of the Improvements and the Natural Features work for a period of one year following the completion of construction.
      (8)   The owner or developer shall, prior to beginning construction, deposit with the Director of Finance a sum of money as prescribed by the City Engineer to defray the cost of inspection and whatever engineering services may be required, and expense incurred by the City in the installation of any public improvements. Should the amount of such deposit be insufficient to pay the cost thereof, the developer shall immediately, upon demand, deposit such additional sums as are estimated by the Director to be necessary. Upon completion and acceptance of the improvement, any unexpended balance remaining from such deposit or deposits shall be refunded.
      (9)   Interpretation of Uses: When a proposed land use is not explicitly listed herein, the Municipal Planning Commission shall determine whether it is reasonably included in the definition of a listed use, or that the proposed use meets the following criteria to the extent that it should be treated as a permitted use in that district:
      A.   The use is not specifically listed in any other WBC.
         B.   The use is generally consistent with the intent of the WBC and this Chapter.
         C.   The use will not impair the present or potential use of other properties within the same district or bordering districts.
         D.   The use has no greater potential impact on surrounding properties than those listed in the district, in terms of aesthetics, traffic generated, noise, potential nuisances, and other impacts related to health, safety and welfare.
         E.   The use will not adversely affect the relevant elements of the Wilson Bridge Road Corridor Study.
   (c)   Notice of Hearings. Notice of all Municipal Planning Commission hearings in Section 1181.07 shall be as follows:
      (1)   The property in question is to be posted with a placard stating the date and location of the hearing. At this hearing, any party may appear in person or by attorney.
      (2)   Notice of the time, place and purpose of the public hearing shall be given by mailing or e-mailing a notice not less than ten days prior to the date of the public hearing to owners of property contiguous to and directly across the street from such parcel or parcels.
      (3)   The meeting agenda shall be posted on the City of Worthington website prior to the meeting.
      (4)   The failure to notify as provided in this section shall not invalidate any decision made hereunder.
         (Ord. 12-2016. Passed 4-18-16.)