(a) Statement of Intent. The Planned Unit Development District serves to establish a flexible zoning procedure to encourage variety and flexibility in the development of land for residential purposes and accessory recreational uses. The planned unit development shall be done in accordance with an overall development plan and specified procedures for site plan review and approval. The intent is to be flexible in the regulation of basic land planning and to encourage imaginative site planning that combines both a variety of dwelling types and lot sizes with usable open space as an integral part of the development.
(b) Objectives for Planned Unit Development. It shall be the policy of the City of Conneaut to promote progressive development of land and construction by encouraging planned unit developments to achieve:
(1) A maximum choice of living environments by allowing a variety of housing and building types and permitting a reduction in lot dimensions, yards, building setbacks, and area requirements.
(2) A more useful pattern of open space and recreation areas.
(3) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns.
(4) A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets.
(5) A development pattern in harmony with adjacent land uses, transportation facilities, community facilities, and the objectives of the comprehensive plan.
(c) Provisions Governing Planned Unit Development. Because of the special characteristics of planned unit developments, special provisions governing the development of land in this manner are required. Whenever there is a conflict or difference between the provisions of this section and those of the other sections of this Zoning Ordinance, the provisions of this section shall prevail. Subjects not covered by this section shall be governed by the respective provisions found elsewhere in this Zoning Ordinance. The application for a planned unit development shall result in a permitted number of dwelling units which shall in no case exceed the number which could be permitted if the land were subdivided into lots conforming to the maximum lot size and density requirements of the zoning district in which the land is situated. The application for a planned unit development shall permit a mixture of housing types based on the housing type requirements of the zoning district in which the land is situated.
(d) Coordination with Land Planning and Subdivision Regulations. It is the intent of these regulations that the review of planned unit developments be carried out simultaneously with the review and requirements for submission as in the Land Planning and Subdivision Regulations of the City of Conneaut.
(e) Application and Procedures. Upon approval of the Planning Commission and City Council, a planned unit development may be applied to any existing residential district or business district in which residential uses are allowed. Upon approval of the preliminary development plan, the Official Zoning Districts Map shall be annotated for the land area involved so that the district name included the notation,”PUD”. Planned Unit Development Districts shall be approved by the Planning Commission and the City Council in the manner prescribed in subsection (m) and (o) hereof.
(f) Permitted Uses.
(1) Compatible residential, recreational, and public uses may be combined in Planned Unit Development Districts. Lot area and other yard requirements of the residential districts established in Chapter 1117 shall apply except as modified in subsection (i) hereof.
(g) Minimum Project Area. The gross area of a tract of land to be developed in a Planned Unit Development District shall be as follows:
(1) Residential Districts. The minimum site area required for a planned unit development in a residential district shall be ten (10) acres, provided however that smaller parcels may be considered on the basis of their potential to satisfy the intent of this section.
(2) Business District. The minimum site area required for a planned unit development in a business district in which residential uses are allowed shall be five (5) acres, provided however, that smaller parcels may be considered on the basis of their potential to satisfy the intent of this section.
(h) Project Ownership. The project land may be owned, leased, or controlled either by an individual or corporation, or a group of individuals or corporations. Such ownership may be by a public or private corporation.
(i) Design Standards.
(1) Common open space. A minimum of twenty percent (20%) of the land developed in any planned unit development shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The common open space shall not consist of isolated or fragmented pieces of land which would serve no useful purpose; neither shall off-street parking areas be calculated into the required common open space. Public utility and similar elements and right-of-ways for water courses and other similar channels are not acceptable for common open space unless such land or right-of-way is usable as a trail or other similar purpose and approved by the Planning Commission.
(2) Disposition of common open space. The required amount of common open space reserved under a planned unit development shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or may at the option of the City, may become part of the park system of the City of Conneaut. All common space dedicated to the City of Conneaut must meet Planning Commission requirements as to size, shape, and location. Proper legal documents necessary for the transfer or dedication of the common open space shall be prepared by the person or corporation owning the tract of land and approved by City Council.
(3) Lots to abut upon common open space. Every property developed under the planned unit development approach shall be designed to abut upon common open space or similar areas.
A clustering of dwellings is encouraged. In areas where apartments or townhouses are used, there shall be no more than eight (8) units in any contiguous group.
(4) Minimum lot sizes.
A. Lot area per dwelling unit may be reduced by not more than forty percent (40%) of the minimum lot area specified in Chapter 1117, Official Schedule of District Regulations;
B. Lot widths may be varied to allow for a variety of structural designs. It is also recommended that setbacks be varied.
(5) Perimeter yards. Notwithstanding the provisions of this section, every lot abutting the perimeter of the planned unit development district shall maintain all yard requirements specified in Chapter 1117
for the applicable conventional residential district, and Chapter 1121
for the applicable conventional business district.
(7) Parking. Off-street parking, loading, and service areas shall be provided in accordance with the requirements of Section 1133.06
. However, off-street parking and loading areas shall not be permitted within fifteen (15) feet of any residential use.
(8) Utility requirements. Underground utilities, including telephone and electrical systems, are required within the limits of all planned unit developments. Related functions to these systems which can be effectively screened may be exempted from this requirement if the Planning Commission finds that such exemption will not violate the intent or character of the proposed planned unit development.
(9) The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Planning Commission.
(j) Preapplication Conference. To obtain information, the applicant shall confer with the Planning Commission and interested department heads in connection with the preparation of the planned unit development application. It shall be the responsibility of the Chairman of the Planning Commission to contact and invite these department heads to a joint meeting. The general outlines of the proposal, evidenced schematically by sketch plans, are to be considered before submission of the planned unit development application. Thereafter the Chairman shall furnish the applicant with his written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to his preparing the components of the planned unit development application.
(k) Preliminary Development Plan. The preliminary development plan submitted for consideration for approval of a Planned Unit Development District shall be filed with the Chairman of the Planning Commission by at least one owner or lessee of property for which the planned unit development is proposed. The preliminary development plan shall contain the following information filed in triplicate.
(1) Written documents.
A. A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning;
B. The names and addresses of owners of property contiguous to the proposed planned unit development;
C. A development schedule indicating the approximate date when construction of the planned unit development or the stages of the project can be expected to be completed;
D. A statement of the applicant's intentions with regard to the future selling or leasing of all portions of the planned unit development, such as land areas, dwellings, etc.;
E. Quantitative data for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space (including a separate figure for usable open space); total amount and type of nonresidential construction (including a separate figure for recreation facilities); and other data as may be required by the Planning Commission;
F. Designation of responsibility for maintenance of common open space;
G. Statement setting forth how the planned unit development would be in the public interest and would be consistent with the objectives stated in subsection (b) hereof;
H. Application for a zone change as specified in Chapter 1105.
(2) Site plan and supporting maps. A site plan and any maps necessary to show the major details of the proposed planned unit development must contain at the minimum the following information.
A. The existing site conditions including contours at two (2) foot intervals, water courses, flood plains, unique natural features, major wooded areas;
B. Proposed lot lines and plat designs;
C. The location and floor area size of all existing and proposed buildings, structures, and other improvements including maximum height, types of dwelling units, density per type, and nonresidential structures;
D. The location and size of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, and public and semipublic uses;
E. The existing and proposed circulation system of arterial, collector, and local streets including off-street parking areas, service areas, loading areas, and major points of ingress and egress to the development. Notations of proposed ownership public or private should be included where appropriate;
F. The existing and proposed pedestrian circulation system and its relationship with the vehicular circulation system;
G. The existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines;
H. A general landscape plan indicating the treatment of materials used for private and common open spaces;
I. Information on land areas adjacent to the proposed planned unit development indicating the relationships between the proposed development and adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features;
J. The proposed treatment of the perimeter of the planned unit development including landscaping and materials and techniques used such as screens, fences, and walls;
K. Any additional information required by the Planning Commission that is considered essential to the decision of approving the general intent and character of the development for purpose of granting the necessary zoning change.
(l) Public Hearing by Planning Commission. Within thirty (30) days after receipt of the preliminary development plan, the Planning Commission shall hold a public hearing.
(1) Before holding the public hearing, notice of such hearing shall be given in one (1) or more newspapers of general circulation of the City of Conneaut at least twenty (20) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and a general description of the planned unit development.
(2) Before holding the public hearing, written notice of such hearing shall be sent by the Chairman of the Planning Commission by first class mail, at least twenty (20) days before the hearing, to all owners of property contiguous to the area proposed to be included within the planned unit development district. The failure to deliver the notice shall not invalidate any such approval. The notice shall contain the same information as required of notices published in the newspaper.
(m) Action of the Planning Commission. Within thirty (30) days after the public hearing required in subsection (l) hereof, the Planning Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this Zoning Ordinance. The Planning Commission by written resolution shall (1) grant approval of the preliminary development plan as submitted, (2) grant approval subject to specified modifications not included in the preliminary development plan as submitted, or (3) deny approval.
(1) The written resolution shall include not only conclusions but also findings of fact related to the specific proposal and shall state the reasons for the Planning Commission action. The resolutions shall include but not be limited to findings of fact and conclusions on the following:
A. In what respects the planned unit development proposal is or is not consistent with the statement of objectives or intent of this Zoning Ordinance;
B. The extent to which the planned unit development proposal departs from zoning and subdivision regulations otherwise applicable to the property, and the reasons why such departures are or are not deemed to be in the public interest;
C. The purpose, location, and amount of the common open space, the reliability of the proposals for maintenance and conservation of the common open space, and adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;
D. The physical design of the planned unit development proposal and the manner in which said design does or does not make adequate provisions for public services and provide adequate vehicular flow;
E. The relationship, beneficial or adverse of the planned unit development proposal to the neighborhood and to adjacent areas;
F. In the case of a planned unit development proposal which is to be developed over a period of years, the sufficiency of the terms and conditions to protect the public interest and the planned unit development.
(2) The Planning Commission shall forward its resolution to the application and shall submit its findings accompanied with the preliminary development plan to City Council for action at the next regularly scheduled meeting for consideration of the request for the zoning change.
(n) Public Hearing by City Council. Upon receipt of the resolution, findings, and the preliminary development plan from the Planning Commission, City Council shall schedule a public hearing as required in Section 1105.03
for consideration of the amendment to the Official Zoning Districts Map.
(o) Action of the City Council. Within sixty (60) days after receipt of the preliminary development plan and the finding of the Planning Commission, the City Council shall by ordinance either (1) grant approval of the preliminary development plan as submitted, (2) grant approval subject to specified modifications not included in the preliminary development plan as submitted, or (3) deny approval.
(1) Approval of the preliminary development plan shall result in the adoption of an ordinance changing the necessary zoning subject to the provisions of subsection (p) hereof.
(2) If the preliminary development plan is approved subject to specified modifications, the Official Zoning Districts Map shall not be amended until the applicant has filed with City Council written consent to the preliminary development plan as modified.
(p) Approval of the Preliminary Development Plan.
(1) Approval of the preliminary development plan and the amendment of the Official Zoning Districts Map does not constitute recording of the plat nor authorize the issuance of building permits.
(2) Within a maximum of twelve (12) months following the approval of the preliminary development plan, the applicant shall file with the Chairman of the Planning Commission a final development plan containing in a final detailed form the information required in subsection (q) hereof. At its discretion and for good cause, the Planning Commission may extend for six (6) months the period for filing of the final development plan.
(3) Failure of the applicant to submit a final development plan shall result in the Planning Commission initiating the necessary procedures to amend the Official Zoning Districts Map and returning the land to its original zoning classification.
(q) Application for Approval of Final Development Plan.
(1) An application for approval of the final development plan shall be filed in triplicate with the Chairman of the Planning Commission. The final development plan shall be signed by the applicant attesting to the truth and exactness of all information supplied, and at a minimum contain the following information:
A. All information in finalized from that was required for the preliminary development plan and required for the recording of the plat;
B. A schedule for the development of the project that is to be constructed in progression;
C. Engineering feasibility studies and plans showing, as necessary, water, sewer drainage, electricity, telephone, natural gas installations, waste disposal facilities, street improvements, nature and extent of earth work required for site preparation and development;
D. Building plans, including floor plan and exterior elevations;
E. Landscaping plans;
F. Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvement thereon, including those areas which are to be commonly owned and maintained.
A public hearing on an application for approval of a final development plan shall not be required, provided that the final development plan submitted is in substantial compliance with the approved preliminary development plan.
(r) Compliance. The final development plan shall be deemed in substantial compliance with the preliminary development plan, provided modification by the applicant does not involve a change of one or more of the following:
(1) Violate any provision of this section of the Zoning Ordinance.
(2) Vary the lot area requirement by more than ten percent (10%).
(3) Involve a reduction of more than ten percent (10%) of the area reserved for the common open space.
(4) Increase the total ground area covered by buildings by more than five percent (5%).
(5) Change the outside boundaries of the planned unit development.
(6) Major change in the internal street and thoroughfare locations or alignments.
(s) Approval by the Planning Commission. The Planning Commission shall review the final development plan for compliance with the preliminary development plan within forty-five (45) days of the date the application for final approval is filed, shall notify the applicant in writing stating the ways the final development plan is not in compliance. The applicant may:
(1) Treat said notification as a denial of final approval.
(2) Refile the final development plan in a form which is in substantial compliance
(3) File a written request with the Planning Commission requesting a public hearing and initiating the necessary procedures for approval of a preliminary development plan.
(t) Amendments to the Final Development Plan. Minor changes in the location, siting and height of buildings and structures may be authorized by the Planning Commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by the Planning Commission shall cause any of the following:
(1) Change in use or character of the planned unit development.
(2) Increase the overall coverage of structures.
(3) Increase the intensity of use.
(4) Increase problems of traffic circulation and public utilities.
(5) Reduction in approved common open space.
(6) Reduction of off-street parking and loading space.
(7) Reduction in required pavement widths.
(u) Expiration of Extension of Approval Period.
(1) If construction of the planned unit development has not begun within eighteen (18) months from the approval of the final development plan, said approval shall lapse and be of no further effect. The Planning Commission, upon showing of good cause by the applicant, may extend for period(s) of six (6) months the time for initiation of construction.
(2) If the applicant does not substantially complete the planned unit development, or any stage thereof within five (5) years, the Planning Commission shall review the planned unit development and may recommend:
A. That the time for completion of the planned unit development be extended;
B. That the approval of the planned unit development be revoked;
C. That the planned unit development be amended.
(3) The Planning Commission recommendations shall be subject to the procedures authorized in subsection (o) hereof governing the approval of the preliminary development plan. If the final development plan is revoked because of lack of compliance with the above provisions, the Planning Commission shall initiate the rezoning procedures outlined in subsection (o) hereof requiring the project site to revert to its previous zoning classification.
(Ord. 33-82. Passed 2-22-82.)