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Springboro City Zoning Code

CHAPTER 1269

ADD-2, Austin Development District 2

1269.01 REQUIREMENTS; USES; STANDARDS.

   (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.)
 

ATTACHMENT I 1269.01, CD-Consent Decree District Springboro Ordinances

(1269.01(b)(7))
   In addition to complying with the applicable requirements set forth in the Court Order, development of the Development Parcel shall comply with the following requirements:
A.    Uses. The permitted use limitations and use restrictions herein set forth shall be the uses permitted on the Development Parcel within the respective areas identified on the Site Layout Plan.
   1.    All parking areas on the Development Parcel are subject to the landscaping and screening standards set forth in chapter 6 E and F of the Austin Plan. All parking for each use which is located within the areas "Retail/Restaurant" and "Office/Bank" on the Site Layout Plan (Map A as amended from time to time as provided in 1269.01), must be located behind a line which is the front face (the face fronting on Miamisburg Springboro Pike or Springboro Pike) of the building (not including bays, porches, entryways and other minor projections) on the same parcel as that use, as that line is extended to the side property lines, except that, in the area in front of that line, head-in parking along the side property lines and two rows of parking in front of that line shall be permitted. Parking for uses not located in the areas designated "Retail/Restaurant" and "Office/Bank" on the Site Layout Plan are not subject to any restriction as to where that parking will be located.
   2.    All buildings shall be constructed of high quality materials such as wood, brick, stone, cultured stone, cultured brick, E1FS, and architectural glass. No split-faced or smooth block will be permitted except (a) as accent material, (b) on façades which do not face public streets or (c) in the areas marked "Office/Light Manufacturing" or "Office/Light Manufacturing/Medical Facilities" (if applicable) as shown on the most recently approved Site Layout Plan.
   3.    The location of dumpsters is subject to Final Development Plan review.
   4.    Each retail store in any multi-store building shall have a separate and distinct façade. The intent is to reduce the negative impact of "strip centers" that all look alike. Architectural treatment of such building to break up large expanses and linear structures is required.
   5.    No hospitality use may have outside access into individual guest rooms.
   6.    Not more than one (1) gasoline service station shall be permitted on the Development Parcel. It may include a fully enclosed car wash with opaque walls, a convenience store and facilities for the sale of foods and beverages prepared on the premises. If a gasoline service station is constructed on the Development Parcel, it must be constructed within the "Highway Service" area identified on the Site Layout Plan. Co-branding is permitted at the facility provided for in this item 6. to allow a gasoline service station, convenience store and sale of foods and beverages prepared on site to be operated under different names.
   7.    Not more than one (1) structure housing a "fast-food" restaurant shall be permitted on the Development Parcel, including any fast-food restaurant that may be operated in conjunction with a gasoline service station provided in item 6. If a "fast-food" restaurant is constructed on the Development Parcel, it must be constructed within the "Highway Service" area identified on the Site Layout Plan. For purposes of this item 7, a "fast food" restaurant is a restaurant at which food and drinks are ordered and picked up by the customer only at a counter and not at a dining table and which has a food and beverage drive-through facility. If a fast food restaurant is operated in conjunction with a gasoline service station provided in item 6, no additional structure housing a "fast-food" restaurant shall be permitted on the Development Parcel. If a fast food restaurant is not operated in conjunction with a gasoline service station provided in item 6, co-branding is permitted in the structure provided for in this item 7, to allow not more than two (2) restaurants to be operated under different names in that structure. If such a restaurant structure is constructed on the Development Parcel, it may include no more than two drive-throughs with a separate lane for each drive-through for a total of two drive-through lanes for the entire building. None of the restrictions in this item B shall apply to the construction and operation of multiple "fast casual" restaurants on other portions of the Development Parcel such as Panera Bread, Boston Market, Chipotle and other similar facilities at which customers place orders and pick up their orders at a counter rather than a dining table and may generally take away their food and drink for consumption off premises, provided that they do not operate with a food and beverage drive-through facility.
   8.    Except as permitted in the next sentence, no individual retail store on the Development Parcel shall exceed 30,000 square feet of floor space. One (1) retail store initially having up to 90,000 square feet of floor space (the "Anchor Store") shall be permitted on the Development Parcel. The Anchor Store shall be permitted to expand up to 20,000 additional square feet if the expansion is constructed generally within the area designated for the expansion on the Final Development Plan approved for the initial development of the Anchor Store.
   9.    Single price point retailers (for example, Dollar General, Family Dollar, etc.) shall not be permitted on the Development Parcel.
   10.   No outdoor display, storage or sale of merchandise may occur in areas approved or designated for parking.
B.    For purposes of this Attachment I "Food Store" or "Supermarket" shall mean a food store or similarly merchandised store offering a multi-departmental full service grocery/food facility including on-premise production or sale of premanufactured perishable products. A Food Store or Supermarket shall not be operated within the Anchor Store covering a floor area greater than ten thousand (10,000) square feet. Five (5) years after the Anchor Store opens to the public, or ten (10) years after June 20, 2005, whichever occurs earlier, the Food Store/Supermarket use in the Anchor Store may expand to no more than a maximum floor area of 30,000 square feet.
C.    For the purpose of this text, "retail space" and "retail store" do not include restaurants or hospitality facilities, even if sales of goods other than foods and beverages occur at those facilities.
D.    The uses identified on the Site Layout Plan, (Map A) that are not described above shall have the following meanings:
       "Highway Service" means Retail and Restaurants.
       "Restaurants" means all facilities for the sale of food for consumption on premises, whether with or without take-out service, drive-through facilities (as limited by paragraph A. 7. of this Attachment 1) or permits to sell alcoholic beverages.
       "Office" means all uses permitted in the O-1 Office District or the O-2 Office Park District by Section 1264.17 and 1264.18, respectively, of the Springboro Zoning Code as in effect as of September 3, 2004.
       "Hospitality" means hotels, motels, lodging houses, dormitories, conference centers and theaters without limitation as to the number of screens.
       "Light Manufacturing" means all uses permitted in the M-1 Light Manufacturing District by Section 1264.11 of the Springboro Zoning Code in effect as of September 3, 2004.
       "Medical Facilities" means: hospitals, clinics, rehabilitation facilities and other facilities for medical, dental or other health care; offices for doctors, dentists and other health care professionals and workers; facilities for medical, dental and other health research; and nursing homes.
SUBJECT TO THE LIMITATIONS AND RESTRICTIONS HEREOF THE FOLLOWING USES ARE PERMITTED AS "RET AIL" USES ON THE DEVELOPMENT PARCEL.
   1.    Automobile fueling stations as further limited herein.
   2.    Enclosed car washes in association with automobile fueling stations provided no open bay self-serve car washes are permitted.
   3.    Automobile rental agencies with no more than 20 vehicles parked on site.
   4.    Vehicle parts and accessory sales.
   5.    Theaters without limitation as to the number of stages or screens.
   6.    Medical care facilities.
   7.    Animal hospitals and veterinarians.
   8.    Department stores.
   9.    Fitness, dance and martial arts facilities.
   10.    Food stores occupying not more than 30,000 square feet of floor area.
   11.    Hardware/home supply stores, or home improvement sales.
   12.    Electronics or appliance stores.
   13.    Video stores.
   14.    Sporting goods stores.
   15.    Pool, spa, outdoor furniture, or play equipment.
   16.    Business and professional offices.
   17.    Banks and financial institutions, with or without a drive-through facility. A drive-through facility, if any, must be located in the rear of the building.
   18.    Restaurants and coffee shops.
   19.    Bed and Breakfast facilities.
   20.    Greenhouses and garden centers, with or without outdoor storage except that the Planning Commission must first approve the means, methods and area devoted to any outdoor storage.
   21.    Personal service establishments including:
      a.    Barber and beauty shops.
      b.    Therapeutic massage facilities.
      c.    Tanning salons.
      d.    Nail salons.
   22.    Drug stores occupying not more than 30,000 square feet of store area.
   23.    Floor covering stores.
   24.    Retail bakeries.
   25.    Day Care centers.
   26.    Gift shops.
   27.    Antique and craft shops, art and photography studios and galleries.
   28.    Laundries and dry cleaners, with or without pick-up/drop-off window.
   29.    Office supplies/services.
   30.    Beverage stores without drive through facilities.
   31.    Nursing homes and convalescent care facilities.
   32.    Florists.
   33.    Pet shops.
   34.    Shoe and shoe repair shops.
   35.    Shopping centers.
   36.    Bookstores.
   37.    Furniture Stores.
   38.    Hotels, motels, and conference centers. Such uses may exceed 30,000 square feet.
   39.    Other similar uses as determined by the City Council.