(a) Purpose:
(1) The Planned Unit Development (PUD) Overlay District is intended to permit development that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building heights and types, and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD Overlay District under this Section will allow for flexibility of overall development design with benefits to the developer and the community, while at the same time maintaining the standards or use requirements set forth in the underlying basic zoning district.
(2) The PUD Overlay District may also be used to accommodate the development or redevelopment of parcels consistent with the design principles of traditional neighborhoods and conservation subdivisions. Traditional neighborhood development means a consolidated, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity or walking distance to each other. A conservation subdivision means a housing development in a rural setting that is characterized by reduced size lots and common open space and where natural features of land are maintained. Such proposed developments may be considered for approval at locations and with conditions that the City determines to be appropriate for the development and the surrounding area.
(b) Permitted Uses: Uses permitted in the underlying basic use district are permitted uses in the PUD district. Individual structures shall comply with specific building area requirements of the underlying basic use district, and shall meet setbacks as required by the Planning Board.
(c) Minimum Requirements: Areas designated as PUD Overlay Districts shall be subject to the following minimum development areas:
Principal Uses Minimum Area of PUD Residential PUD 1 acre Commercial PUD 1 acre Industrial PUD 20 acres* Mixed Compatible Uses 20 acres* |
*May be reduced on approval of the Planning Board
(d) Preliminary Procedural Requirements: An owner (or agent of) of land proposing the creation of a PUD Overlay District shall file an application and General Development Plan with the Zoning and Building Official seeking approval of such district, and the application and plan shall be accompanied by a non-refundable fee, as outlined in Section 1105.09
.
(1) Application: The application shall contain a statement indicating the following:
A. The relationship of the proposed PUD Overlay District to the City's adopted master plan, or any adopted component thereof;
B. The general character of, and the uses to be included in, the proposed PUD Overlay District;
C. Total area to be included in the PUD Overlay District, including area for open space; residential density computations; proposed number of dwelling units; population analysis; availability of or requirements for municipal services; and any other similar data relevant to a comprehensive evaluation of the proposed development;
D. A general summary of the estimated value of structures and site improvement costs, including landscaping and special features;
E. A general outline of the organizational structure of any property owner's or management's association proposed to be established for the purposes of providing any necessary private services; and
F. Any proposed departure from the standards of development as set forth in this section.
(2) Preliminary Development Plan: A Preliminary General Development Plan including:
A. A legal description of the boundaries of the proposed district and its relationship to surrounding properties;
B. The location of public and private roads, driveways, sidewalks, curbs and parking facilities;
C. The size, arrangement, and location of any individual building sites and proposed building groups on each individual site;
D. The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainage ways;
E. The type, size, and location of all structures including rooftop mechanics;
F. Landscape and screening plans;
G. Lighting plans for parking lots, security, private drives and product display;
H. Architectural plans, elevation, and perspective drawings and sketches illustrating the design and character of proposed structures;
I. The existing and proposed location of public sanitary sewer and water supply facilities;
J. The existing and proposed location of all private utilities or other easements;
K. Characteristics of soils related to contemplated specific uses;
L. Existing topography on the site with contours at no greater than two (2) foot intervals;
M. Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses; and
N. The expected date of the commencement of physical development within the district.
(e) Procedures for Review of Application and Preliminary Plan: (For a further description of the procedures to be followed and the submittals required, see Section 1115.05
)
(1) Review For Completeness: The TRC shall review the application and Preliminary Development Plan to determine that they include all the items required. If the application and Plan are deemed complete, and the application fee paid, the TRC shall recommend to the City Engineer that the City officially accept the application.
(2) Review of Preliminary Development Plan by Others: The City Engineer shall distribute the preliminary development plan and application to the following for review and comment:
A. Regulatory agencies which have statutory authority to subsequently review and approve any aspect of the development, including but not limited to the Army Corps of Engineers, the Preble County Health Department, and the Ohio Environmental Protection Agency.
B. Other agencies that, at the discretion of the City, may have appropriate technical expertise.
C. Appropriate local City administrative officials, including the Law Director.
D. Consultants retained by the City.
(3) Site Visit: The Planning Board or Council may, together with the applicant and the applicant’s consultant(s), visit the site to gain a thorough understanding of the characteristics of the site.
(4) Review by Planning Board: Planning Board shall review the application and Preliminary Development Plan and the recommendations of the TRC and the City Engineer. The Planning Board shall take action on the submitted application and Preliminary Development Plan by either:
A. Approving the application and Preliminary Plan as submitted; or
B. Approving the Preliminary Plan and application subject to specific conditions not included in the Plan as submitted, such as, but not limited to, improvements to the general building layout or open space arrangement, or
C. Denying approval of the application and Preliminary Development Plan.
(5) Referral to Council: The application and Preliminary Development Plan for a PRCD shall be referred to the Council by Planning Board after the Planning Board has taken action on it, along with the Planning Board’s recommendations. The City Council, after due consideration in applying the standards of review set forth in paragraph (i) and paragraph (j), below, may deny the application and Preliminary Plan, approve the application and Preliminary Plan as submitted, or approve the application and Preliminary Plan subject to additional conditions and restrictions to which the owner has agreed.
(f) Significance of Approved Application and Preliminary Development Plan. Approval of the Preliminary Development Plan shall:
(1) Establish the development framework for the project, including the general location of open space, development areas, densities, unit types, recreational facilities, and street alignments.
(2) Be the basis for the application to proceed with detailed planning and engineering in reliance on the approved Preliminary General Development Plan.
(3) Provide the benchmark for the Planning Board to consider and approve amendments to the Final General Development Plan where the Planning Board determines that the amended plan is equal to or better than the approved Preliminary Development Plan.
(4) Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
(g) Final General Development Plan. After a Preliminary Development Plan has been approved, an applicant shall submit for review and approval a Final Development Plan. The Final Development Plan may be submitted either for the entire project or for each construction phase.
(1) The Final Development Plan shall include a Site Plan drawn at a scale not less than 1” = 100’ indicating:
A. Boundaries of the area proposed for development, accurate dimensions, and total acreage;
B. The exact location and dimension of private streets, common drives and public street rights-of-way;
C. Exact location of building footprints or envelopes within which dwelling units are to be constructed, and lot lines with dimensions for all residential units for which individual ownership is proposed;
D. Dimensions of building/unit space;
E. The extent of environmental conservation or change and the exact location of all no cut/no disturb zones; and
F. Designated restricted open space areas and a description of proposed open space improvements.
(2) A Grading Plan drawn at a scale of 1” = 100’, showing all information pertaining to surface drainage.
(3) A detailed Landscaping Plan for new landscaping, including entry features and designs.
(4) If applicable, the Declaration, Articles of Incorporation and either Bylaws (for a Condominium Association) or Code of Regulations (for a Homeowners’ Association) and any other final covenants and restrictions and maintenance agreements to be imposed upon all the use of land and pertaining to the ownership, use, and maintenance of all common areas, including restricted open space as required by the Subdivision regulations.
(5) Conditions imposed by other regulatory agencies.
(h) Procedures for Review of Final Development Plan: (For a further description of the procedures to be followed and the submittals required, see Section 1115.05
.)
(1) Review For Completeness: The TRC shall review the Final Development Plan to determine that that it includes all the items required. If the Plan is deemed complete and the application fee has been paid, the TRC shall recommend to the City Engineer that the City officially accept the application.
(2) Distribution of Final Development Plan: The City Engineer shall distribute the Final Development Plan to the Planning Board, the Law Director, and other appropriate administrative departments or professional consultants for review and comment. Any reports, comments, or expert opinions shall be compiled by the City Engineer and transmitted to the Planning Board prior to the time of the Board’s review.
(3) Review by the Law Director: The Law Director shall review the Declaration, Articles of Incorporation and either Bylaws (for a Condominium Association) or UDO of Regulations (for a Homeowner’s Association) and any other final covenants and restrictions and maintenance agreements to be imposed upon the conservation development. He/she shall provide a written opinion to the Planning Board documenting that the above demonstrates full compliance with the requirements of this section.
(4) Review by Planning Board: Planning Board shall review the Final Development Plan and the recommendations of the TRC and the City Engineer. The Planning Board shall assure that the Final Development Plan is in accordance/compliance with the Preliminary Development Plan. The Planning Board shall take action on the submitted Final Development Plan by either:
A. Approving the Final Development Plan as submitted; or
B. Approving the Final Development Plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements to the general building layout or open space arrangement, or
C. Denying approval of the Final Development Plan.
(5) Referral to Council: The Final Development Plan for a PRCD shall be referred to the Council by Planning Board after the Planning Board has taken action on it, along with the Planning Board’s recommendations. The City Council, after due consideration, may deny the Final Development Plan, approve the Plan as submitted, or approve the Plan subject to additional conditions and restrictions to which the owner has agreed.
(i) General Standards of Review: The Planning Board and Council shall apply the following standards in reviewing a PUD application and Development Plans:
(1) Whether the application and plan indicate that the physical development of the PUD will commence within nine (9) months following the approval, and that the development will be carried out according to a reasonable construction schedule satisfactory to the City;
(2) Whether the proposed PUD is consistent in all respects with the purpose and intent of this section;
(3) Whether the proposed PUD is in conformity with the Comprehensive Plan or any adopted component thereof, and that the development would not be contrary to the general welfare and economic prosperity of the community;
(4) Whether the proposed development shall be provided with adequate drainage facilities for surface and storm water flow;
(5) Whether the proposed development will be accessible from public roads that are adequate to carry the traffic generated by the proposed development;
(6) Whether there will be an undue constraint or burden imposed on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas by the proposed development;
(7) Whether the streets and driveways on the site of the proposed development will be adequate to serve the residents of the proposed development and will meet the minimum standards of all applicable ordinances or administrative regulations of the City;
(8) Whether centralized water and sewer facilities will be provided; and
(9) Whether the use of the land surrounding the proposed development can be planned in coordination with the proposed development.
(j) Specific Standards, Based on Proposed Use:
(1) Residential PUD Overlay District: Planning Board shall find the following in recommending approval of a Residential PUD, and Council shall find the following in approving a Residential PUD:
A. Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation and open space, and coordination with overall plans for the community;
B. Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities;
C. Adequate, continuing fire and police protection is available;
D. The population composition of the PUD will not have an adverse effect upon the community’s capacity to provide needed school or other municipal service facilities; and
E. Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance, by dedication to the public, or payment in lieu of dedication, in accordance with Section 1111.04.
(2) Commercial PUD Overlay District: Planning Board shall find the following in recommending approval of a Commercial PUD, and Council shall find the following in approving a Commercial PUD:
A. The proposed PUD will be adequately served by off street parking and truck service facilities;
B. The proposed PUD will be adequately provided with and will not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, and maintenance of public areas;
C. The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood; and
D. The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
(3) Industrial PUD Overlay District: Planning Board shall find the following in recommending approval of a Industrial PUD, and Council shall find the following in approving a Industrial PUD:
A. The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood;
B. The proposed PUD will be adequately provided with and will not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas;
C. The proposed PUD will include adequate provisions for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities; and
D. The proposed PUD will properly relate to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
(4) Mixed Use PUD Overlay District: Planning Board shall find the following in recommending approval of a Mixed Use PUD, and Council shall find the following in approving a Mixed Use PUD:
A. The proposed mixture of uses produces a unified composite that is compatible within the underlying districts and which as a total development entity is compatible with the surrounding neighborhood;
B. The various types of uses conform to the general requirements as herein before set forth, applicable to projects of such use and character; and
C. The proposed PUD will be adequately provided with and will not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.
(k) Developer’s Agreement: Before any improvements are made within a PUD Overlay District, a Developer's Agreement shall be required incorporating all improvements, requirements and conditions of the development of the district, which requirements and conditions shall run with the land. The agreement shall be drafted in recordable form and recorded with the County Recorder for Preble County.
(l) Major Changes and Additions: Any subsequent major changes or additions to the Developer's Agreement, Development Plans (exceeding 25 percent of the floor area, or 10,000 square feet) or uses for the PUD Overlay District shall first be submitted for approval to the Planning Board. If the Planning Board determines that such changes or additions constitute a substantial alteration of the original developer's agreement, development plan, or uses of the district, a public hearing before the City Council shall be required prior to the Council determining whether to accept the subsequent changes or additions. The City Council reserves the right to require changes if it determines, applying the standards of paragraph (i) and paragraph (j), above, that such changes are required to comply with the purpose of this Section.
(m) Use and Maintenance: Each PUD Overlay District shall at all times be maintained and used in accordance with the standards set forth above, and in a manner not to create a health and safety hazard to adjacent residents or businesses.
(n) Land Division: The division of any land(s) within a PUD Overlay District shall be in accordance with the platting provisions of the City’s preliminary plan and final plat regulations, as set forth in the City’s Development Standards, as outlined in Chapter 1111. When such a division is contemplated, a preliminary plat or certified survey map of the lands to be divided shall accompany the petition for a PUD Overlay District approval.
(Ord. 05-15. Passed 11-7-05.)