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(a) Procedures for Establishment. An Overlay District shall be established in accordance with the required procedures for a Zoning Map amendment pursuant to Section 1343.01. The boundaries of each Overlay District shall be clearly indicated on the zoning map of the City of Euclid.
(b) Criteria for Establishment. Any proposed overlay district under consideration shall be studied to determine:
(1) The purpose and intent of the overlay district under consideration;
(2) The existing character of the area;
(3) Development goals for the area;
(4) Boundaries of the overlay district under consideration;
(5) Development standards;
(6) Design standards, including landscaping, signage and parking.
(c) Amendments. Amendments to the Overlay District zoning text or zoning map boundaries of an established Overlay District shall follow the process per Chapter 1343.
(Ord. 245-2008. Passed 12-15-08.)
(a) The provisions of this chapter shall apply to the following activities within Overlay Districts.
(1) All construction of new structures and new uses.
(2) All new signage exceeding two square feet.
(3) Alterations or expansions of existing structures, including pavement, or expansion of land uses, when the cost of the expansion or alteration exceeds 20% of the current total market value of the site as reported on the Cuyahoga County Auditor's records.
(4) Alterations to landscaping which impact the site perimeter, required buffer areas, and traffic control systems.
(b) The following activities are exempt from compliance with this chapter:
(1) Exterior alteration to any existing structure, including pavement, not in excess of 20% of the current total market value of the site as reported on the Cuyahoga County Auditor's records.
(2) Activities not requiring a building permit.
(3) Ordinary maintenance and repair of existing structures.
(4) Emergency action requiring immediate attention as ordered by the Building Commissioner.
(5) Any alteration or modification to an existing single-family or two-family residential structure.
(c) All exterior alterations to existing structures, whether or not subjected to the provisions of this chapter, shall be reviewed by the Architectural Review Board in accordance with Chapter 1327.
(Ord. 245-2008. Passed 12-15-08.)
(a) Site Plan Review Required. A site plan shall be submitted for review whenever a change to the site is proposed, including, but not limited to the following activities:
(1) All new construction of structures, including buildings, parking areas, and signs.
(2) Any modification to an existing use or site including, but not limited to expanding the building floor area, parking area, changing site circulation and alterations to landscaping.
(b) Site Plan Submission Requirements. An application for Site Plan Review shall be submitted to the Zoning Commissioner. The submitted site plan shall depict the location and dimensions of the following:
(1) All existing and proposed buildings, indicating the location of building entrance(s), setback from all lot lines, lot coverage, and height of buildings.
(2) All parking areas, access aisles, and access drives.
(3) Public outdoor spaces, landscaped areas, fences, walls, and pedestrian access aisles.
(4) Monument signs.
(5) Exterior building equipment and dumpster enclosures.
(6) Preliminary conceptual plans for the proposed building(s) showing exterior elevations and building floor plans, and potential materials.
(7) Any other details determined by the Zoning Commissioner to be needed in order to determine compliance with the Zoning Code.
(c) Site Plan Review Procedures.
(1) The Zoning Commissioner shall review the application to determine if the application is complete. The Zoning Commissioner shall forward the complete application to the Architectural Review Board for their review. The Zoning Commissioner shall identify any aspect(s) of the proposed site plan that does not comply with the zoning requirements.
(2) The Architectural Review Board shall review the application and shall approve any site plan determined to comply with the requirements of this Zoning Code.
(3) In the event a site plan does not comply with the regulations of the underlying Use District, general provisions of the Zoning Code and the dimensional standards set forth in Section 1365.05(c), the Architectural Review Board may approve the site plan subject to the granting of variances by the Planning and Zoning Commission. The Architectural Review Board may forward recommendations and/or comments on any requested variances to the Planning and Zoning Commission.
(d) Design Review Required. Following site plan approval, when required, and any other zoning approvals, but prior to any building permit being issued, all design elements of a proposed activity requiring compliance with this chapter shall be reviewed by the Architectural Review Board according to the procedures set forth in Chapter 1327. The applicant may choose to submit plans for design review simultaneously with an application for site plan review.
(e) Design Review Submission Requirements. In addition to the requirements set forth in Chapter 1327, the following items shall be submitted for design review.
(1) Exterior building elevations with all building materials identified for all visible building features and elements.
(2) Detailed landscape plans depicting the exact location of all plant material, a schedule of the proposed planting, including species, number, and size at planting and the irrigation system.
(3) Site details including parking lot screening, (i.e. fencing, walls, etc.) and equipment/dumpster enclosures.
(4) Detailed drawings showing the design of all signs, including size, content, style of lettering, logo and other graphic features, colors of the applied lettering and background, and materials of the sign(s) and the frame(s) or structure(s); and
(5) Any other details determined by the Zoning Commissioner to be needed in order to determine compliance with the Zoning Code.
(f) Design Review Determinations by the Architectural Review Board. In reviewing an application for Design Review, the Architectural Review Board may approve an application that either adheres to or is substantially equivalent to the requirements of this chapter as permitted below.
(1) The Architectural Review Board may consider the submitted design elements to be substantially equivalent to a requirement if:
A. The proposed plans for design review substantially comply with the design requirements and with the purposes, intent and basic objectives of this chapter;
B. The proposal results in a development of substantially equivalent or higher quality than that which could be achieved through strict application of such standards and requirements.
(2) It shall be the responsibility of the applicant to demonstrate to the Architectural Review Board that the provisions of this section have been satisfied. When evaluating the application with respect to this section, the Architectural Review Board shall make any finding of equivalency through approval of a specific motion or finding of fact which explains how and why the proposal has satisfied the above criteria.
(g) Appeals. An applicant may appeal any decision made by the Architectural Review Board on site plan approval or design review approval to the Planning and Zoning Commission within 30 days after the date of said decision.
(Ord. 245-2008. Passed 12-15-08.)
The Downtown Overlay District as specifically shown and established on the Zoning Map of the City of Euclid generally consists of the commercial area in the area of Lake Shore Boulevard/Babbitt Road/ E.233rd Street/ Shore Center Drive/ E.222nd Street.
(a) Purpose. The purpose of the Downtown Overlay District is to promote and sustain:
(1) Quality economic growth. Assure opportunities for a stable, vital, diverse, and competitive economy at the heart of the City.
(2) Vibrant downtown. Strengthen downtown as a vibrant, commercial, civic, residential, and cultural art center with its own unique identity.
(3) Downtown appearance. Improve and enhance the appearance of the built environment and natural features throughout downtown, especially along primary commercial corridors and other major arterials.
(4) Unique character. Establish design standards unique to our downtown district.
(5) Pedestrian environment. Improve and enhance the pedestrian environment throughout downtown, as well as the pedestrian connections to surrounding neighborhoods and civic resources.
(b) Intent. The intent of the Downtown Overlay District is to:
(1) Encourage a vibrant mix of pedestrian-oriented uses, including shopping, civic, arts, residential, and entertainment uses.
(2) Establish height, bulk, and lot coverage regulations that balance existing urban fabric with a desired character for downtown.
(3) Promote mixed-use, multi-tenant buildings with active ground floor tenant space by regulating the quantity and location of doors and windows.
(4) Establish standards for setbacks and landscaping that encourage and promote a strong pedestrian environment.
(5) Establish parking and access standards that support pedestrian activity.
(6) Encourage preservation of existing buildings fulfilling the purpose and intent identified herein.
(c) Dimensional Standards.
(1) Building setbacks. For new construction, the building line shall be located within 20 feet of the street line. On corner lots, the building line may be set back a greater distance from the secondary street line in accordance with the underlying zoning.
(2) Building coverage. New building construction shall cover a minimum of 30% of the lot area.
(3) Minimum building height. For new construction, the minimum height of the building shall be 26 feet.
(4) Parking setbacks. Parking lots shall be located a minimum of five feet and a maximum of ten feet from the street line.
(d) Parking Lot Standards and Streetscape Design.
(2) Parking lots adjacent to streets shall be screened by a combination of decorative fencing, brick piers/walls, and columnar plantings. Such screening shall be designed to provide vertically to the streetscape. The Architectural Review Board may require the intermittent use of such screening in order to avoid a monotonous street frontage.
(3) Parking lots shall allow for pedestrian access particularly when pedestrian cross-access between adjacent lots exists. Pedestrian access ways shall consist of colored/stained concrete, brick, or unit pavers.
(4) Landscaped islands shall be provided in the interior of parking lots in accordance with the requirements set forth in Section 1389.12.
(5) Street trees with City standard tree grate or tree pit spaced at 25-foot intervals shall be located within the street right-of-way. A brick paving amenity strip per City standard shall be constructed along the length of the lot frontage.
(6) City standard benches and trash receptacles shall be installed within the amenity strip area and reasonably distributed based on the locations of public transit stops, public outdoor spaces, and pedestrian walkways from the interior of the lot.
(7) City standard decorative lights, spaced at a maximum of 80-foot intervals, shall be installed within the right-of-way or in the setback along the lot frontage.
(8) The design of a parking lot shall enable traffic movement within the lot to be the least impeded and not affect the traffic on the public street. Connections between adjoining lots shall be provided when practicable.
(e) Landscape Standards.
(1) Landscape materials shall be selected to create varied and attractive views and complement the architectural features of the building and lot amenities.
(2) Selected materials shall be those which prosper in an urban setting.
(3) Selected materials along pedestrian access aisles, sidewalks, and public outdoor spaces shall be varied to provide interest and color and be able to sustain pedestrian impact.
(4) Interior parking lot islands shall be vegetated with grass or similar low level plant material not to exceed two feet in height and shall contain at least one tree with a clear trunk height of six feet and a minimum caliper of two inches.
(5) Landscaped areas shall be appropriately irrigated to ensure the continued growth of plant materials.
(f) Building Standards for New Construction.
(1) Entrances. Buildings shall have their primary orientation to a street rather than a parking lot. The primary entrance shall be readily apparent as a prominent architectural component containing one of the following:
A. Recess.
B. Overhang.
C. Canopy.
D. Portico.
(2) Facade materials.
A. Brick, stone, precast concrete and other masonry application shall be used. Precast concrete should be used in the manner of stone but panels should not be embossed with brick or stone patterns.
B. Split face block is not permitted except as an accent material. When split face block is used, alternating coursing, varied block size, and change in material depth should be used to give the appearance of stone.
C. Standard modular brick with nominal dimensions of 4-inches by 2-3/4-inches by 8-inches is required. Large-scale bricks are allowed as architectural accents only.
D. Brick or stone should be laid in true bonding pattern.
E. Stacked bond brick patterns are discouraged unless used as a detail or accent to the rest of a building's facade.
F. Lintels in masonry walls should be articulated with elements such as brick soldier courses, stone, or precast concrete.
G. Stucco or EIFS systems are discouraged and shall only be permitted eight feet above finish floor level, only as an accent material and limited to 15% of the wall area.
H. Metal and other appropriate regional materials may be used as accent materials.
I. Changes in material and facade articulation at the base of the building are recommended.
J. Bulkheads below windows should be treated with a durable tamper proof cladding wherever they are adjacent to a pedestrian access way.
(3) Windows/fenestrations.
A. For ground floors facing primary streets, windows shall cover a minimum of 40% of the length of the facade and a minimum of 25% of the total wall area.
B. Windows shall not be darkened; reflective or spandrel glass is discouraged.
C. Windows shall be architecturally enhanced through framing features that add relief and visual interest.
D. Exterior roll-down security shutters and security bars shall not be permitted.
E. No flashing or neon lights shall be permitted to frame any windows.
(4) Parapets and cornices.
A. Elevations or portions of elevations that are visible from a public street or parking area should incorporate a cornice or other architectural element to top the building. Cornices may be projected brick, stone, precast courses, or molded fiberglass. They should be scaled approximately to the building mass and have a minimum height of one foot. Horizontal projections for cornices or other elements topping the building should be a minimum of two inches.
B. Pitched roofs shall be sheathed in dimensional asphalt shingles, metal roofing, clay tiles or slate. Non-dimensional asphalt shingles and rolled roofing shall not be permitted for pitched roofs.
C. Parapets shall be designed to conceal roof top mechanical units with no units visible from any adjacent street line.
(5) Awnings and canopies.
A. Awnings or canopies shall be provided along 40% of a building wall facing a primary street.
B. Awnings and canopies can be made of treated canvas, glass, steel and glass systems, aluminum, lexan or polycarbonate sheets.
C. Solid internally lit systems, shingled roof additions and fiberglass canopies are not permitted.
D. Awnings should only encompass space within the commercial storefront.
E. On buildings in which multiple retail stores exist awning configurations shall be complimentary in design. Compatible and complimentary colors shall be used for the awnings.
F. Awning colors should coordinate with the overall signage scheme for the building/retailer.
(6) Exterior lighting. Lighting of exterior facades is encouraged to accent architectural features and building entrances.
(g) Sign Standards.
(1) Due to the nature of the downtown area, the permitted wall sign area as defined in other chapters of this code shall be reduced by 20%.
(2) No new pole-mounted signs shall be permitted.
(3) Signage is encouraged to be unique in character and its relation to the type of business that it advertises. The 20% required wall sign area reduction as defined above will be waived for the following types of wail signs:
A. Individual pin-mounted channel letters.
B. Halo lighted channel letters.
C. Blade signs or other unique projecting building signage, when approved by the Planning and Zoning Commission with a support motion by the Architectural Review Board.
(4) Retail signage should be placed in specific areas designated for signage on the building's facade, such as a signage frieze.
(5) No box sign or murals shall be permitted.
(6) Window signs and awning signs shall be permitted but are calculated into the allowable sign area.
(7) Monument signs shall be designed with an enclosure using matching building facade materials with an area of at least 25% of the sign area. This enclosure area shall not be calculated into the allowable sign area. Monument signs shall be located along the street line within the building or parking lot setbacks.
(8) Signage on a building with multiple retail tenants shall be complimentary to each other and to the style of the building.
(9) In multi-tenant buildings, a Master Sign Plan shall be created and submitted with the initial sign permit application. The Master Sign Plan shall consist of the following items and shall be approved by the Architectural Review Board prior to the first sign permit being issued.
A. Sign details including illumination.
B. Location of wall signs on building facades.
C. Range of allowable sign colors.
Following approval of the Master Sign Plan, all requests for sign permits conforming to the Master Sign Plan shall be approved by the Zoning Commissioner.
(h) Public Outdoor Space.
(1) New construction or building expansion shall provide public outdoor space at a rate of 0.5% of the lot area or 150 square feet, whichever is greater.
(2) Public outdoor space may include seating areas, plazas, retail alcove and inner courtyard spaces. Entry alcoves and small outdoor pedestrian spaces may be located between the building and the street, subject to City code and provided such outdoor spaces do not obstruct pedestrian traffic.
(3) Public outdoor space shall be visible and accessible to the public and include the following:
A. City standard decorative lighting.
B. City standard bench(es) or low seating walls and trash receptacle(s).
C. Special paving consisting of colored/stained concrete, brick, or other unit pavers.
D. Special interest planting with a wide range of plant materials including perennials and flowering shrubs.
(4) The required public outdoor space shall be located to maximize public use based on the location of public transit stops, pedestrian access aisles, public sidewalks, and downtown attractions.
(5) Landscaping for the site shall be designed to enhance the public outdoor space.
(i) Existing Buildings.
(1) Preservation. The preservation and rehabilitation of existing buildings, in order to maintain the unique fabric of the Downtown Commercial district, is encouraged and recommended. This is especially applicable to buildings eligible for inclusion on the National Register of Historic Places and buildings designated as City of Euclid Landmarks.
(2) Rehabilitation Standards. Rehabilitation acknowledges the need to alter or add to a building in response to changing uses and contemporary needs while preserving its overall historic character. The rehabilitation, alteration and additions to existing historic buildings are encouraged to be completed in accordance with the Secretary of the Interior's Standards for Rehabilitation.
A. Rehabilitation objectives. Restore historic building facades to the fullest extent feasible. If it is determined that original materials cannot be restored, synthetic materials can be used to replicate traditional materials. Where the historic original features of a building are not known, develop compatible designs in keeping with proportion, rhythm, geometry, scale, materials and colors of the original facade.
B. Facade materials. Facade materials shall be restored to the extent possible. Brick, stone and other masonry materials should be repainted, cleaned and restored rather than painted or re-clad. If painting is necessary, colors should be chosen that approximate the original color of the masonry. Similarly, wood, metal, glass and other existing building materials shall be restored.
C. Windows and storefronts. Windows shall be restored if they exist, or if they are to be replaced, done so using windows that match in style and detail. True divided lites shall be used to the extent possible. Existing storefronts, including bulkheads and transoms shall also be restored.
(j) Equipment Screening and Trash Enclosures.
(1) Ground-mounted equipment, including but not limited to condensers, heat pumps, air handlers, gas service piping and meters, electrical transformers, loading docks, etc. shall be screened from public view.
(2) Exterior dumpsters shall be fully screened from public view by masonry enclosures with operable opaque gates. Enclosures shall be constructed of the same or compatible masonry material as the building. Operable gates shall be of a durable and easily maintained material.
(3) Multi-tenant buildings shall minimize the number of dumpsters and group dumpsters together.
(Ord. 245-2008. Passed 12-15-08; Ord. 62-2014. Passed 6-2-14.)
(a) Planned Development: Purpose and Qualifying Conditions.
(1) Purpose. The purpose of these planned development regulations is to provide locations for one or more planned developments (hereinafter referred to as “planned development”) within the U1, U2, U3, U4, or CI Districts for which property owner(s) may propose and negotiate unique or flexible plans for development layouts, development standards, lot area, and height requirements and other features not otherwise permitted in these districts subject to approval by the City as provided herein. The purpose of these regulations is to encourage redevelopment of properties in a manner which generates significant value to the community responding to current residential markets.
(2) Qualifying conditions for planned development.
A. Only property located within the U1, U2, U3, U4, or CI Districts may be approved for a planned development.
B. The area of land proposed for a planned development shall:
1. Contain at least one contiguous acre exclusive of existing public rights-of-way.
2. Have access to an existing improved public road and frontage thereon of not less 40 continuous feet.
3. Not be divided by existing public roads or other areas which limit use for purposes Of the planned development.
C. The land for which a planned development application is submitted must be in single ownership or the subject of an application filed collectively by all owners of the properties intended to be included within the planned development. All land included within a planned development shall be under the control of the applicant, whether that applicant is an individual, partnership, or corporation or group of individuals, partnerships or corporations. Applicants shall present firm evidence, at the time of application, of unified control of the entire area within the proposed development. Except as specifically approved in the final development plan, unified control shall be maintained at all times that the planned development is in effect.
D. Except as otherwise approved in the preliminary and final development plans, the planned development shall comply with and contribute to the implementation of the applicable goals and specific objectives set forth in the current City of Euclid Master Plan and other adopted plans of the City.
(b) Planned Development: Specific Requirements.
(1) Uses in planned development. Permitted uses shall be one or more of the following:
A. Single-family dwellings, attached or freestanding.
B. Two-family dwellings.
C. Apartment houses.
D. Public park, public walkway, public bike route.
E. Group housing units limited to adult family homes and residential facility family homes.
F. Family day care home, Type B.
G. Commercial use. A commercial use or uses may be approved within a freestanding structure or a structure containing dwellings. At a minimum, the use shall comply with the following standards:
1. Shall be located on a site on which commercial uses are permitted or on a site which abuts a lot on which commercial uses are permitted.
2. Shall be found to be compatible with and supportive of the residential uses of the site as well as with the off-site surrounds.
3. Shall be located on the first floor only.
4. Shall not exceed 10% of the total floor area of a structure containing dwellings unless recommended by the Planning Commission and approved by City Council.
5. The proposed commercial use or uses to be permitted shall be identified in the development plan. Additional commercial uses which may be permitted in future re-use of the commercial space may also be identified in the development plan.
(2) Lot, area, yard and height requirements. Lot, area, yard and height requirements shall be as recommended by the Planning and Zoning Commission and as approved in the development plans based upon finding that they are appropriate as features of the integrated design of the planned development.
(3) Density of dwelling units; density bonus. For the purposes of this division, dwelling density shall be calculated by dividing the total number of dwelling units proposed in the planned development by the total acres in the proposed planned development.
A. Density of dwelling units. A planned development may be approved with a density of up to 8.0 dwelling units per acre in the A1 Area District and up to 17.0 dwelling units per acre in the A2 and A4 Area Districts and in the CI Use District.
B. Density bonus. If recommended by the Planning and Zoning Commission and approved by City Council, a planned development may be approved with a density of up to 10.0 dwelling units per acre in the A1 Area District and up to 21.0 dwelling units per acre in the A2 and A4 Area Districts and in the CI Use District. The density bonus may be approved in consideration of one or more of the following features approved and constructed in the planned development:
1. Drainage facilities such as ponds or waterways designed as open space amenities in common or public areas together with walkways, seating areas, or similar passive recreation facilities.
2. Landscaped open spaces located on the site to provide separation from and buffering between the proposed development and abutting residential areas.
3. Walkways/bikeways for public use connecting neighborhoods through the proposed development.
4. Walkways/bikeways for public access to Lake Erie.
5. Easements for public access along the Lake Erie shore.
6. Dwelling unit amenities providing private access to the outdoors such as porches, balconies, patios, rooftop areas.
7. Private or public recreational facilities such as swimming pools, tennis courts.
8. Legal provisions for development-wide maintenance of all exterior building and site features by a single owning/operating entity, homeowners association, condominium association, or similar legal entity.
9. Obtain certification for LEED-ND Neighborhood Development and/or LEED Homes.
(4) Floor area. Dwellings approved within a planned development shall be exempt from the requirements of Section 1381.11 Minimum Floor Area Of A Single Family Dwelling. Minimum floor areas for proposed types of dwellings within a planned development shall be as approved in the development plans based on factors such as demonstration of current market demand, evaluation of the functionality of proposed unit floor plans, and compliance with applicable health and safety regulations.
(5) Parking. Parking regulations in Chapter 1389 Off Street Parking shall apply. The owner of a planned development may propose specific variations to the applicable parking regulations for the planned development to be reviewed and acted upon by the Planning and Zoning Commission. Specific variations may be approved based on finding that they are appropriate due to the uses, size, layout, and/or integrated design of the development.
(6) Signs. Sign regulations in Chapter 1390 Sign Regulations shall apply. The owner of a planned development may propose specific variations to the applicable sign regulations for the planned development to be reviewed and acted upon by the Planning and Zoning Commission. Specific variations may be approved based on finding that they are appropriate due to the size and integrated design of the development and do not otherwise provide excessive or undue sign rights to the subject property.
(7) Infrastructure.
A. Public utilities. The applicant for a planned development shall demonstrate the availability of public water and public sanitary sewer with sufficient capacity to serve the proposed development and shall either demonstrate the capacity to finance and construct any necessary off-site improvements or demonstrate that other responsible parties will finance and construct such improvements.
B. Roads. Dedicated public roads shall be constructed within planned developments as determined necessary for functional, safe, and effective public and private vehicular access to, within, and through the planned development and in compliance with applicable subdivision requirements of the City. Provisions for future extensions of public roads into abutting properties may be required as determined necessary for a properly coordinated system of public roads in the planned development and its surrounds.
C. Private roads. Private roads may be approved where public roads are not required to comply with the above provisions. Where lots are proposed without direct frontage on public roads, easements or other legal provisions shall be established to ensure sufficient continuous vehicular access, facilities, and maintenance thereof in perpetuity.
D. Subdivision improvements. A planned development shall be developed in compliance with City subdivision regulations.
(c) Planned Development: Plan Review Standards. In determining whether to recommend approval or denial of an application for a planned development, the Planning and Zoning Commission shall consider whether the proposed development meets all applicable requirements and qualifying conditions as well as the following standards:
(1) Purpose. The planned development shall be consistent with the stated purposes of this Zoning Code.
(2) Master plan. Except as otherwise approved in the preliminary and final development plans, the planned development shall comply with and contribute to the implementation of the applicable goals and specific objectives set forth in the current City of Euclid Master Plan and other adopted plans of the City.
(3) Surrounding uses. The planned development shall be compatible with the uses permitted on properties surrounding the subject property and/or shall provide such features as feasible to reasonably mitigate the impact of proposed uses upon surrounding properties.
(4) Natural environment. The layout and features of the planned development shall, to the extent deemed reasonable, be designed and constructed in a manner which minimizes impacts upon major natural features of the site and surrounding area and shall employ best management practices to promote their conservation.
(5) Public facilities and services. The planned development shall not place an undue burden on the capacity of public facilities and services such as, but not limited to, roads, fire and police protection, water, sanitary sewer service, and drainage.
(6) Protects health, safety, and welfare. The planned development shall not contain uses or conditions of use that may be injurious to the public health, safety or welfare.
(7) Consistent with all applicable standards and requirements. The planned development shall conform to all applicable requirements of this Zoning Code.
(8) Final development plan. The final development plan shall be substantially consistent with the representations made and plans approved during the preliminary development plan stage of approval.
(9) Recognizable and substantial benefits. Approval of the planned unit development shall result in a recognizable and substantial benefit to the users of the project and to the community which would not otherwise be feasible or achievable under conventional zoning districts.
(d) Planned Development: Plan Application, Review, and Approval Procedures.
(1) Preliminary development plan procedures.
A. Pre-application conference. The applicant for a planned development is encouraged to request a meeting with the Commissioner of Planning and Zoning prior to submitting an application for the purposes of reviewing the applicable regulations and to obtain other information relevant to the proposal. Applicants are encouraged to confer with public officials and agencies who may be involved in the review and approval of the proposed development, including but not limited to the Service Director and Fire Prevention Officer.
B. Application for preliminary development plan. An application for a preliminary development plan shall be submitted to the Planning and Zoning Commission by the owner, owner's authorized representative or option holder of the property that is the subject of the application. The application shall be submitted on a form provided by the City, a preliminary development plan, and a narrative containing the information specified below.
1. Preliminary development plan. A preliminary development plan shall be submitted including the following:
a. Name, address, phone number and email address of the applicant.
b. Name, address, phone number and email address of the professional or firm that prepared the plan.
c. Legal description of the property.
d. North arrow, scale and title block.
e. General location map.
f. Property boundary survey.
g. Adjacent buildings and structures within 200 feet of the property boundaries.
h. All perimeter streets abutting the property, including right-of-way width.
i. Existing topographic conditions (two-foot intervals).
j. Existing natural features (including but not limited to steep slopes, woods, ponds, streams, wetlands).
k. Approximate location of existing and proposed utilities, including a preliminary utility and drainage concept plan.
l. Uses proposed within the planned development and general locations.
m. Conceptual layout and site plan of the development illustrating the general location of interior streets, access points to abutting streets, common areas and facilities, areas to be developed by type of use, parking areas, and easements.
n. Preliminary elevation drawings (or typical elevations if repetitive building types) for all buildings proposed to be constructed or renovated.
o. Number of dwelling units proposed, floor areas of all units, and preliminary floor layouts for all dwelling units.
p. The Planning and Zoning Commission may require the applicant to provide an opinion from a qualified traffic engineer to determine whether the proposed development will generate traffic impacts which may necessitate off-site street improvements. The Planning and Zoning Commission may require a traffic impact study to assess the impacts of proposed development on existing traffic facilities, to determine the feasibility of accommodating the traffic, and to identify specific improvements and proposed sources of funding for the improvements. Required improvements should be not only those directly on the frontages of the subject site but also those which can be determined necessary to mitigate the impacts on roads and facilities utilized to access the site or area.
q. If any variations to the applicable regulations for signs or parking are proposed, a description of each of the specific variations.
r. Any other information deemed necessary by the Planning and Zoning Commission to determine the character of the proposed development and compliance with these regulations.
s. Modifications of planned development requirements. The applicant for a planned development shall identify in writing all proposed deviations from or modifications of the requirements for a planned development. Such deviations or modifications may be approved by City Council during the preliminary development plan review after Planning and Zoning Commission recommendation. Such deviations or modifications may be permitted only if they will result in a higher quality and more sustainable development consistent with the purposes of the planned development regulations.
2. Project narrative. A written statement shall be submitted providing the following information:
a. Statement of how the proposed planned development meets each of the applicable provisions of this zoning ordinance.
b. Identification of the present owners of all land within the proposed project.
c. Explanation of the proposed character of the planned development, including a summary of acreage by use, number, and type of buildings, minimum lot sizes by type of use.
d. A general description of the proposed development schedule and anticipated phases.
e. Intended agreements, provisions and covenants to govern the use of the planned development, and any common areas or facilities.
3. Application fee; professional assistance expenses. The applicant shall submit an application fee equal to either one thousand dollars ($1,000) per acre of land or one hundred dollars ($100.00) per proposed dwelling unit, whichever amount is greater. When the City determines that it is necessary to engage one or more qualified professional civil engineers, planners, appraisers, architects, or attorneys to assist in evaluating a proposed preliminary development plan, the City shall obtain proposals for the services and estimated costs thereof. The applicant shall submit to the City a cash deposit in the amount of the estimated costs. Any balance of unused deposited funds shall be returned to the applicant within 60 days after the application is approved or denied.
C. Application review; Planning and Zoning Commission hearing. The Commissioner of Planning and Zoning shall review the application to determine if it contains all items and information required. When it is determined that an application is complete, the Commissioner shall set the date for a public hearing.
1. Notice of hearing. The following notices shall be provided:
a. Written notice of the hearing shall be mailed by first class mail to the property owner(s) and to the owners of the properties contiguous to and directly across the street from the subject property. The notice shall be sent at least 10 business days before the day of the hearing and shall contain the time, place and purpose of the hearing. A failure to notify, as provided in this section, shall not invalidate any proceedings or actions taken by the Planning and Zoning Commission or City Council.
b. Notice to the general public of the Planning and Zoning Commission's agenda shall be publicized on the City website at least 10 days prior to the date of the hearing.
2. Requests for agency reviews. Upon setting the date for a hearing, the Commissioner of Planning and Zoning may submit the application to such agencies and professionals as the Commissioner deems necessary, which may include but not be limited to the Service Director and Fire Department.
3. Architectural Review Board. An application shall be submitted to the Architectural Review Board for preliminary design review recommendations to the Planning Commission. Time of application shall be as agreed by the Board and by the applicant but recommendations shall be forwarded to the Planning and Zoning Commission prior to the Commission recommendation to City Council.
4. Public hearing. The Planning and Zoning Commission shall conduct the public hearing in accordance with its rules of procedure.
5. Recommendation. Not more than 90 days after the public hearing, the Planning and Zoning Commission shall forward a recommendation to City Council that the Preliminary Development Plan be approved as presented, approved with supplementary conditions, or not approved. If agreed with the applicant, the Commission may delay its recommendation.
D. City Council action. Within 60 days of receiving the recommendation from the Planning and Zoning Commission, City Council shall conduct a public hearing prior to taking final action on the preliminary development plan.
1. Notice of hearing. Notice shall be provided in the manner set forth for the Planning and Zoning Commission review above.
2. Public hearing. City Council shall conduct a public hearing in accordance with its rules of procedure.
3. Action. After the public hearing, City Council shall vote to approve, approve with supplementary conditions or disapprove the preliminary development plan.
4. Failure of the applicant to comply with any conditions of approval shall be considered a violation of the Zoning Code and shall be subject to all applicable enforcement, remedies and penalties available to the City in law or equity and as provided for in this Code.
5. Effect of Council action. City Council action approving a preliminary development plan authorizes the applicant to prepare and submit a final development plan, but not to initiate construction or take any other action. Approval of a preliminary development plan shall not constitute approval of the final plan. Rather, it shall be deemed an expression of approval of the general layout, building types, and essential features submitted on the preliminary plan and as a guide to the preparation of the final plan, which will be submitted for approval of the Planning and Zoning Commission upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. City Council action disapproving a preliminary development plan shall halt any other action on the part of the City with regard to the plan. The City Council may authorize the applicant to submit an amended preliminary development plan.
(2) Final development plan procedures. The following procedures shall be followed for the review of the final development plan.
A. Timing. An application for final development plan approval shall be filed not later than 24 months after the effective date of City Council approval of the preliminary development plan, otherwise, the preliminary development plan approval shall expire. Three one-year extensions may be authorized by the Planning and Zoning Commission for good reason and justifiable cause. The applicant must demonstrate they have made a good faith attempt to work towards a final development plan submittal. The applicant shall submit the request for an extension in writing to the Planning and Zoning Commission who shall make a written determination regarding its decision to extend or deny the extension. Both the request and the determination shall be made part of the record. If the applicant fails to submit a final development plan within this timeframe, the approved preliminary development plan shall be deemed to have expired and the applicant must submit a new planned development application to the Planning and Zoning Commission.
B. Application. An application for approval of the final development plan shall be submitted by the property owner or owner's authorized representative. The application shall be filed on a form provided by the City, including a final development plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed or forwarded to the Planning and Zoning Commission.
1. Final plan. A final development plan, substantially consistent with the approved preliminary development plan shall be submitted with the required application. The final plan shall contain all information deemed necessary by the Planning Commission to confirm compliance with the provisions of this chapter and with all other applicable regulations. At a minimum, the application for final development plan shall include:
a. The proposed locations of all uses including but not limited to dwellings, open spaces, commercial uses, and infrastructure.
b. A subdivision plan or other survey indicating the locations of all lots, rights-of-way, easements, and other divisions of land.
c. A grading plan indicating existing and planned topography.
d. A stormwater facilities plan.
e. Landscape plan.
f. Building elevations, materials.
2. Project narrative. A project narrative shall also accompany the application and final development plan and provide the following:
a. Proposed covenants and/or deed restrictions governing the use, design, maintenance, ownership, and control of development and common areas;
b. Identification of the entity responsible for maintenance of common areas;
c. The total number and locations of buildings; if a phased development, totals, types and locations by phase;
d. Improvements that would be the responsibility of the applicant such as the construction of roads, intersection improvements, parks, utilities, pathways, sidewalks, and similar elements; and
e. An anticipated development schedule by phase, if applicable.
f. A proposed schedule or sequence for coordination of other required approvals, including but not limited to subdivision approvals which may include simultaneous applications, reviews, and approvals subject to acceptance of such schedule by the City.
g. Performance guarantee/development agreement. In conjunction with the approval of a final development plan, the applicant shall be required to provide a performance guarantee for all public and common improvements, in accordance with applicable subdivision regulations. A development agreement may be required to address additional issues specific to the planned development.
3. Professional assistance expenses. When the City determines that it is necessary to engage one or more qualified professional civil engineers, planners, appraisers, architects, attorneys and/or any other professional consulting services to assist in evaluating a proposed final development plan, the City shall obtain proposals for the services and estimated costs thereof. The applicant shall submit to the City a cash deposit in the amount of the estimated costs. Any balance of unused deposited funds shall be returned to the applicant within 60 days after the application is approved or denied.
4. Additional information. The Planning and Zoning Commission may require additional information beyond what is specifically required if, in its judgment, more detailed information is necessary due to the size, anticipated impacts or complexity of the development; number of phases proposed; or the interrelationship of roads, utilities or drainage systems within the total site.
5. Phased projects. If a planned development is to be constructed in two or more phases, final development plan approval may be granted for individual phases provided that a complete plan for the entire planned development was first given preliminary development plan approval and that each subsequent phase shall be submitted for final development plan approval and is consistent with the approved preliminary development plan. Each phase shall have adequate provision for access, parking, open space, stormwater management, and other public improvements to serve the development. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas to prevent any adverse impact on completed phases, future phases, and adjoining property.
C. Planning and Zoning Commission review; approval; disapproval and appeal of disapproval.
1. The application materials shall be forwarded to the Commissioner of Planning and Zoning for review. Within 45 days after submittal of a complete application, the Commissioner shall schedule the application for review by the Planning and Zoning Commission.
2. The application shall be submitted to the Architectural Review Board for review and recommendations to the Planning and Zoning Commission. Time of application shall be as agreed by the Board and applicant but recommendations shall be forwarded to the Planning and Zoning Commission prior to approval of the final development plan.
3. The Planning and Zoning Commission shall review the application and, within 60 days after the first scheduled meeting for review (or longer if agreed by applicant) and take action to approve the final development plan, approve it with supplementary conditions, or disapprove the plan.
4. The final development plan shall be approved if it conforms with the preliminary plan. Approval by the Planning and Zoning Commission shall authorize the applicant to proceed with the planned development subject to all applicable regulations, conditions, and agreements.
5. Disapproval of the final development plan by the Planning and Zoning Commission shall halt any other action on the part of the City with regard to the plan unless the Commission authorizes the applicant to resubmit an amended final development plan or the applicant submits an appeal of the disapproval.
6. Within 60 days after disapproval by the Planning and Zoning Commission, the applicant may submit a written appeal to City Council for review and approval of the final development plan.
(e) Planned Development: Additional Procedures.
(1) Commencement of construction; progress reports; revocation of approval. Construction shall commence and proceed meaningfully toward completion subsequent to final development plan approval, or approved phases thereof, in accordance with the following:
A. All required permits and approvals for site development, and construction of buildings and other improvements shall be applied for and obtained prior to commencement of construction.
B. The applicant shall submit progress reports every six months after approval of the final development plan to inform the Planning and Zoning Commission of the status of plans and designs, financing, and anticipated construction schedule.
C. For purposes of this section, meaningful progress toward completion shall mean, at a minimum, all of the following: site clearing, rough grading, and installation of infrastructure improvements: sanitary sewer, stormwater facilities including stormwater management facilities, and water mains.
D. If construction has not commenced within 24 months, the applicant may request one extension of up to 24 additional months. The request shall be submitted, in writing, to the Planning and Zoning Commission prior to the expiration of the original 24-month time limit and shall provide reasonable evidence to the effect that unforeseen difficulties or special circumstances have been encountered, causing a delay in commencement of the planned development. If an extension is not requested or is not submitted prior to the expiration of the original time limit, the final development plan shall become null and void.
E. Following the expiration of the foregoing time limits, City Council may initiate proceedings to revoke approval of the planned development.
(2) Amendments, approval of minor changes. Changes to an approved final development plan shall be permitted only under the following circumstances:
A. The holder of an approved final development plan shall notify the Commissioner of Planning and Zoning of any proposed change to the approved final development plan.
B. Minor changes may be approved by the Commissioner of Planning and Zoning upon determining that the proposed revision(s) will not alter the basic design of the site and buildings nor any specified conditions or commitments imposed as part of the original approval. Minor changes are one or more of the following:
1. Reduction or increase in building size up to 5% of the total approved floor area for the building, but not changes to approved unit floor areas;
2. Movement of a building or other structure to a location that meets all required setbacks but generally as approved in the final development plan;
3. Changes in parking layout that do not alter the number of spaces by more than 5% of the total spaces within the parking area and do not change the location of driveways or roads providing access to the parking area. The Commissioner of Planning and Zoning shall not reduce the number of parking spaces below the minimum requirements of Chapter 1389, Off-Street Parking and Loading.
4. Changes required or requested by a county, state or federal regulatory agency in order to conform to other laws or regulations provided the changes do not constitute substantial deviations to the approved plan.
C. A proposed change to an approved final development plan that does not meet one of the criteria above shall be considered an amendment to the approved final development plan and a request for modification shall be submitted to the Planning and Zoning Commission and reviewed in accordance with the procedures established for the final development plan review and approval process.
D. When, in the judgment of the Commissioner of Planning and Zoning, the proposed requested modification(s) substantially deviates from the approved preliminary development plan, the requested modification(s) shall be reviewed by the Planning and Zoning Commission as an amended preliminary development plan and shall be reviewed in accordance with the provisions of this chapter for the approval of a preliminary development plan, including the requirements for Council approval. Substantial deviations to the preliminary development plan shall include but not be limited to: more or fewer buildings; building heights 25% or more higher than previously approved; dwelling units with floor areas smaller than originally approved; and reduction, removal or significant alteration of approved features provided in support of a density bonus.
(3) Expansion of planned development area. A property which is contiguous with but not contained within the area of a previously approved planned development may apply for approval of an expansion of the contiguous planned development provided that construction of the original, contiguous planned development has commenced, has proceeded meaningfully toward completion, or has been completed. The proposed area of expansion shall contain at least one quarter acre and shall comply with all requirements of this section for applications, reviews and approvals and shall demonstrate consistency and compatibility with the development plans approved for the contiguous planned development as determined necessary by the Planning Commission. The expansion of planned development area shall be subject to recommendation by the Planning and Zoning Commission and approval by City Council.
(Ord. 36-2019. Passed 4-15-19.)