Bratenahl City Zoning Code
CHAPTER 1164
Procedures for Planned Residential Development Areas
1164.01 PURPOSE AND INTENT.
(a) The procedures are established in this Chapter under which developers may prepare development plans particularly designed to meet and address the conditions which exist in the Planned Residential Development Districts and for the Village to assure professional review of such development plans, for action thereon by the Village Planning Commission and Council.
(b) It is the purpose of such procedures to provide developers with the framework within which to undertake the planning and design process for proposed planned residential development areas and to provide the Planning Commission and Council with an objective basis for evaluating such plans and designs within the context of the characteristics of the Planned Residential Development District, the Village objectives, and the surrounding community.
(Ord. 3051. Passed 1-17-01.)
1164.02 PRELIMINARY CONFERENCE.
Prior to the preparation and submission of preliminary development plans as required by this chapter, the developer or owner of any property within areas designated as PRD on the Village Zone Plan or Map is encouraged to arrange a preliminary conference with the Planning Commission or it’s designee. The purpose of such preliminary conference is to establish a mutual understanding of the provisions of this Code, the development objectives of the Village as expressed through the Village Plan and Zoning Code, and to provide an opportunity for the developer to have clarified any questions he may have concerning the requirements of the Code in general, and specifically those provisions which apply to the proposed PRD area. Such preliminary conference is encouraged but not required.
(Ord. 3051. Passed 1-17-01.)
1164.03 PRELIMINARY DEVELOPMENT PLAN.
Subject to the requirements of Chapter 1162, a developer, by filing twelve copies thereof with the Commissioner of Buildings, may submit to the Planning Commission a preliminary plan of a planned residential development area indicating the proposed development of any parcel or group contiguous parcels located in any PRD District. Such plan may be submitted, however, only on behalf of a single owner or a group of owners of the land included therein who are acting jointly and only after payment to the Village Clerk of the applicable filing fee set forth in Chapter 1311 of the Codified Ordinances. The preliminary plan of the proposed PRD District shall disclose the following:
(a) Accurate description of the existing conditions of the proposed planned residential development area, including boundaries, topography at intervals of two feet or less, buildings and structures, roadways, driveways or access ways, landscaping, adjoining streets, property lines and utility lines on or adjoining the site. This information shall be presented at a scale of one inch equals fifty feet or larger. Developers are encouraged to supplement this information with aerial and ground level photographs of the site. The total area of the site shall also be indicated in square feet and to the nearest one-hundredth of an acre. The accuracy of this information, including the gross area of the development area, shall be certified by a registered engineer or surveyor.
(1) The location and design of any streets, internal circulation and access ways.
(2) The location and design of all parking facilities.
(3) Schematic design and layout of utilities and easements required to serve the proposed development, including an indication of the use, reconstruction or abandonment of existing utilities on the site.
(4) The proposed assignment and use of private land and common land together with any proposed subdivision of land.
(5) A schedule describing the number of dwelling units by type and size.
(6) The density of the proposed development.
(7) The location, use, size and design of all structures and buildings included in the proposed development, including the reuse, remodeling or demolition of any existing structures, and including preliminary floor plans and elevations of all structures or groups of structures and such other information as may be required to explain the purpose, appearance and type of construction of all structures.
(8) The location and qualitative evaluation of the condition of existing vegetation (by major species) including wooded areas, individual trees and other existing vegetation and landscape features and the vegetation to be removed. The disclosure shall also include a preliminary plan for future landscape treatment and grading.
(9) Outline specifications for the construction and maintenance of streets, access drives, open spaces, parking areas and common land, including control and access for construction vehicles and equipment.
(10) A statement indicating the forms of rental agreement, covenants, deed restrictions (including those with respect to the use of common land), restrictions or easements proposed to be recorded and covenants proposed for maintenance.
(11) A statement of the anticipated market for the development in terms of sales prices, rental rates, absorption rates, characteristics of the units and profile of the anticipated market.
(12) Cost estimates for the completed development.
(13) An indication of anticipated development phasing, if any, with sufficient detail to allow consideration of the design of each phase on its own and in relationship with the entire development.
(14) Such other reasonable information as the Commission may require. The preliminary plan of a development area, unless otherwise specified, shall be prepared by a professional person qualified in the planning of land development, traffic engineering and building and landscape design. The architectural and engineering services required for the preparation of the preliminary plan shall be rendered by licensed professional persons, and the landscape and area planning and design shall be provided by a person who only provides professional advice and services.
(Ord. 3051. Passed 1-17-01).
1164.04 REFERRALS.
The Planning Commission shall refer one copy of the preliminary plan documents to the Village Solicitor for review concerning compliance of the proposed development with the legal requirements of the Village and this Code, one copy to the Village Engineer, one copy to the Commissioner of Buildings and one copy to the Village Planner for review concerning compliance with Chapters 1135 and 1137 and other requirements of this Code or other engineering considerations and three copies to the Architectural and Design Review Board for its report and recommendation, pursuant to the procedures set forth in Section 1164.14(c). The recipients of the preliminary plan documents shall each, within thirty days after receiving the preliminary plan documents, provide and furnish to the Commission six copies of their respective reports. Five copies of each report shall be filed with the Commission and one copy filed with the Village Clerk who shall maintain such copy open to public inspection. Once the Planning Commission has referred the preliminary plan documents for compliance review, the applicable filing fee may not be returned, regardless of the action taken, if any, by the Planning Commission or Council.
(Ord. 3051. Passed 1-17-01.)
1164.05 REPORT TO COUNCIL.
Within ninety days after its filing with the Village Clerk, the Planning Commission shall evaluate the preliminary plan and furnish to Council its report and recommendations with respect thereto. The report of the Commission shall include a finding either that the preliminary plan is in accordance with the objectives and purposes of this Code and complies with the applicable regulations, standards and criteria prescribed by this Code or a finding of any failure of such compliance and a recommendation that the preliminary plan be approved, disapproved or modified.
With respect to a specific development proposal, if the Commission finds that the proposed development substantially complies with all specific requirements and with the purposes, intent and basic objectives of this Code and the Village Plan, and which, through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, shall result in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements and that the proposed development shall have adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community, the Commission may act upon the proposed applications as if in compliance with the standards and requirements set forth in this Code and recommend to Council that any necessary adjustment or variation from the specific requirements of this Code be granted.
Approval of the preliminary plan for a planned residential development area by the Commission shall constitute approval of the preliminary plat for the proposed development if subdivision approval procedures are required as set forth in Chapter 1133.
The preliminary plan together with ten copies of the report of the Commission shall be filed with the Village Clerk for submission to Council. Council shall set a date for a public hearing on the preliminary plan and the report of the Commission thereon and give thirty days notice of the time, place and purpose of such hearing:
(a) By publication in a newspaper of general circulation in the Village; and
(b) By mailing such notice by first class mail to the owners of property contiguous to and directly across the street from the development area. Failure of delivery of such mail notice shall not invalidate the proceedings. The preliminary plan and the report of the Commission thereon shall be on file in the office of the Village Clerk during such thirty-day period.
(Ord. 2242. Passed 7-13-81.)
(Ord. 2242. Passed 7-13-81.)
1164.06 ACTION BY COUNCIL.
Following the public hearing mentioned in Section 1164.05, Council shall either approve, disapprove or modify the preliminary plan. Council may affirm any report of the Planning Commission by a majority vote of its members. If Council rejects or modifies the report of the Commission it shall only do so by the affirmative votes of not less than three-fourths of its members.
(Ord. 2242. Passed 7-13-81.)
1164.07 NOTICE; AUTHORIZATION TO PROCEED.
Within five days after the action by Council, the Village Clerk shall notify the developer of such action by certified mail; and if the preliminary plan is approved, shall authorize him to proceed with the preparation of the final plan of a development area in accordance with the procedures and criteria set forth in this Code and any special conditions under which such authorization to proceed was granted. The Village Clerk shall at the same time notify the Chairman of the Planning Commission and transmit to the Chairman one copy of the preliminary development plan along with a report of the action of the Council.
(Ord. 2242. Passed 7-13-81.)
1164.08 CHANGE IN OFFICIAL ZONE PLAN OR MAP.
The Chairman of the Planning Commission shall, at the next regular meeting of the Commission following Council’s approval, cause a notation to be placed on the Zone Plan or Map to reflect the area included in the approved preliminary plan as a planned residential development area and shall return the preliminary development plan to the Commission with a report of the action of Council thereon. If the developer shall not complete and submit a final plan of the development area within one year from the date of Council’s approval of the preliminary plan, the approval of the preliminary plan shall lapse and the notation of such approval shall be removed from the Zone Plan or Map by the Chairman.
(Ord. 2242. Passed 7-13-81.)
1164.09 FINAL PLAN OF A DEVELOPMENT AREA.
The developer of any parcel or parcels of land for which a preliminary plan has been approved by Council may submit a final plan of the development area. Any such plan shall be filed with the Commissioner of Buildings and, upon payment of the appropriate fees, shall be submitted by him to the Planning Commission.
The final plan of the development area shall contain and be accompanied by the following:
(a) Proposed system of streets and private ways, including detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination, shade trees and other important engineering considerations, in accordance with Chapters 1133, 1135 and 1137 and all other applicable regulations of the Village.
(b) Plat of the development area showing street rights of way, private and common land and easements in accordance with the requirements of all of the Codes of the Village.
(c) Plan of the area containing the accurate location of each existing structure to be retained, if any, and detailed plans and specifications for each proposed structure, relationship to street system including driveways, parking and loading areas, illumination facilities, methods of private waste disposal, pedestrian walks, common land, landscaping and finished grades, all of which shall comply with the standards of Chapters 1133, 1135 and 1137 and all other applicable regulations of the Village.
(d) Detailed landscape plan for public and private lands within the development area.
(e) Proposed rental agreements, final form of covenants running with the land, deed restrictions including the use of common land, covenants, restrictions or easements to be recorded, and covenants or provisions for private maintenance.
(f) Estimated project cost including estimates for all public and private improvements.
(g) Sources and commitments for financing.
(h) Construction schedule and land disposition program.
(i) In the event the final plan of a development area includes a subdivision of land, any map, plat or other data required for compliance with the provisions of Chapter 1133, prescribing subdividing procedures.
(j) The Commission may require additional drawings to supplement the above where more information is needed or special conditions occur.
(k) In the event the approved preliminary plan included the phasing of development, the final plan shall designate appropriate boundaries for the proposed initial phase. All of the submittals required by subsections (a) through (j) hereof shall nevertheless be required for the entire development area to permit evaluation of the development as a whole, except that the requirements for detailed architectural, landscaping and certain improvement plans and specifications, and the requirement of disclosing sources and commitments for financing, may be waived for areas other than that designated within the boundaries of the initial phase.
Required submittals that have been waived for subsequent phases shall be submitted and approved by the Commission prior to proceeding with the development and construction of any such subsequent phase within an approved final plan of a planned development area.
(Ord. 2242. Passed 7-13-81.)
1164.10 CONDITIONS FOR APPROVAL.
(a) If the Planning Commission, after public hearing, finds that a proposed final plan of a development area is in accordance with and represents a detailed and precise expansion of the preliminary plan heretofore approved by Council, that it is in accordance with the design criteria and provisions of this Code which apply particularly to a final plan of a development area, and that it complies with all the conditions which may have been imposed in the approval of the preliminary plan, the Commission shall approve such final plan of the development area and, upon approval by Council, the final plan will be certified as approved to the Village Clerk.
(b) Before giving its final approval to any final plan of a development area, the Commission may request such changes as it deems necessary to insure that the proposed development preserves and extends the charm and beauty existent in and inherent to the residential character of the Village; to stabilize and improve property values, with the least possible burden on Village services and facilities, which shall result in the highest possible return to the Village from tax revenues consistent with maintaining and improving the residential character of the Village, and to provide the best economical and social advantages which can result from an orderly planned use of the development area.
(Ord. 2813. Passed 11-29-85.)
1164.11 BUILDING PERMITS.
A building permit may be issued for the improvement of any parcel or portion thereof, in a District designated as PRD, if and when a final plan of a development area in a PRD District, or any phase in a final plan of a development area in such District has been approved. Upon such approval the Commissioner of Buildings shall be so notified and he may then issue the necessary building and other permits upon payment of the required fees.
(Ord. 2680. Passed 1-20-93.)
1164.12 CONSTRUCTION PROGRESS; LAPSE OF FINAL PLAN APPROVAL.
The developer shall use due diligence to proceed with and complete the construction of the development area or any approved phase thereof. Failure by the developer to begin substantial above ground construction in accordance with the approved final plan of the development area or any approved phase thereof within one year after approval by the Planning Commission, or discontinuance of such construction for a period of one year, shall cause the approval of the final plan of the development area to lapse.
For approved phased developments, failure by the developer to begin substantial above ground construction on a subsequent phase within three years after the substantial completion of construction on any earlier approved phase shall cause the approval of the final plan of the development area to lapse.
The Planning Commission, for good cause shown, may extend any approval which would otherwise lapse under the provisions of this section for one or more successive periods not to exceed one year each.
If a final development plan lapses under the provisions of this section, the Chairman of the Commission shall remove the planned residential development area notation from the Zone Plan or Map and shall send notice by certified mail of such action to the owner or developer. Failure of delivery of such mail notice shall not invalidate such proceedings. The zoning regulations applicable before the development was approved shall then be in effect.
(Ord. 2242. Passed 7-13-81.)
1164.13 AMENDMENTS TO PLANS.
At any time after the approval of a preliminary plan or a final plan of a development area, if the owner or owners of the land within such approved planned residential area desire to change such plan, they may do so only if an amendment to the plan is requested and approved. The procedure for requesting and approving amendments shall be as follows:
(a) If the amendment deals with the preliminary plan, the request for an amendment shall be filed with Council and acted upon by it.
(b) If the amendment deals only with a final plan of a development area, it shall be filed with the Planning Commission and a copy filed with the Village Clerk.
The proposed amendment shall then be subject to the same procedure and conditions of approval as the original application.
(Ord. 2242. Passed 7-13-81.)
1164.14 DESIGN REVIEW OF SINGLE-FAMILY DWELLINGS.
(a) If the Planning Commission approves a final development plan for a planned residential development area which has not included the final architectural design of each home, then such final design, when completed, shall be reviewed by the Architectural and Design Review Board pursuant to the procedures set forth in Section 1164.14(c). The Planning Commission shall make the final determination that the proposed design is in compliance with the approved development plan.
(b) Any minor additions or alterations proposed to an existing dwelling unit within an approved planned residential development area that do not require an amendment to the preliminary or final development plan, as required by Section 1164.13, or subject to review pursuant to 1164.14 (a) above, shall be subject to design review as follows:
(1) Any proposed additions to the original footprint or ground floor area of an existing single-family dwelling, as specified in Schedule 1154.03, shall be reviewed and approved by the Planning Commission and Architectural and Design Review Board in accordance with the procedures set forth in Section 1154.04.
(2) Any alteration or exterior architectural change proposed for an existing single-family dwelling that modifies only the building envelope, as specified in Schedule 1154.03, shall be reviewed and approved by the Architectural and Design Review Board in compliance with the procedures set forth in Section 1154.05.
(3) Any proposed minor modifications to an existing single-family dwelling that do not change the building envelope or ground floor area of the dwelling, as specified in Schedule 1154.03, shall be reviewed and approved by the Commissioner of Buildings in compliance with the procedures set forth in Section 1154.06.
(4) Fence applications, when required, pursuant to Chapter 1171.
(c) The Architectural and Design Review Board shall evaluate planned residential development applications subject to design review, pursuant to Sections 1164.04 and 1164.14(a), in accordance with the review criteria set forth in Section 1117.08. Within twenty (20) days after receiving an application for a planned residential development from the Planning Commission, the Architectural and Design Review Board shall review and make a recommendation on the application. The Board shall prepare a report of their recommendations and transmit one copy of the report to the Planning Commission for their review and one copy to the Commissioner of Buildings to be made available for review by the public.
(Ord. 3051. Passed 1-17-01.)