(a) Within thirty-five days of receiving the Planning Commission's report, City Council shall hold a public hearing on the Development Plan and as soon thereafter as possible make a decision on the Development Plan submitted.
(b) A Development Plan shall be approved only if the proposal clearly shows the following:
(2) The following specific conditions are fully met:
A. The proposed use or development shall conform with the objectives of the officially adopted Master Plan of the City;
B. The establishment, maintenance or operation of the proposed use or development shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
C. The proposed use or development shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair property values in the neighborhood;
D. Adequate utilities, parking, access roads, drainage, landscape planting and other essential facilities and amenities shall be provided;
E. Adequate measures shall be taken to provide ingress and egress designed as to minimize traffic congestion in the public streets; and
F. The proposed use or development shall conform to all applicable provisions of the Zoning Code except to the extent such provisions have been explicitly waived or modified pursuant to Section 1133.05.
G The design, layout, height, architectural characteristics and material components of any building and grading and landscaping of its grounds shall be compatible with existing buildings and their grounds in the surrounding neighborhood so as to harmonize with, and properly integrate into, the overall neighborhood as appropriate.
(c) To protect fully the public health, safety and welfare of the community, City Council may modify the Development Plan in accordance with the provisions of this chapter. If approved, the Development Plan shall become an amendment to the Zoning Code and to the Zoning Map provided by the Zoning Code and shall be governed by the following procedures:
(1) The owner shall execute a deed of acceptance of the Development Plan and the amendment to the Zoning Code, and shall attach the same to the amendment to the Zoning Code prior to the adoption thereof by City Council. Such deed of acceptance and amendment to the Zoning Code, when adopted by City Council, shall be subject to the condition that the construction, structural alteration or change of use shown thereon shall be substantially completed, to the satisfaction of the City Manager, within that period of time stated in the deed of acceptance and the ordinance adopting the Development Plan. In the event such work has not been substantially completed within that period of time so stated, such deed of acceptance, Development Plan and amendment to the Zoning Code shall become null and void, and repealed ab initio.
(2) Following adoption of the amendment to the Zoning Code, the City Manager shall cause such deed of acceptance to be recorded in the land records applicable to the real estate in the office of the Recorder of Hamilton County. In the event such amendment subsequently is repealed by operation of law under subsection (c)(1) hereof, the City Manager shall cause such repeal to be recorded in the land records applicable to the real estate in the office of the Recorder of Hamilton County, Ohio.
(Ord. 12-2012. Passed 10-15-12.)