(a) Purpose and Intent. The application of flexible and creative land use regulations to the development or redevelopment of land is often difficult or impossible within the constraints of traditional zoning district standards. In order to permit the implementation of more flexible land use regulations and to facilitate the use of the most advantageous techniques of land development, it is often necessary to establish a Planned Unit Development District designation in which development is in harmony with the general purpose and intent of this Zoning Ordinance and the Community Plan. The objective of a Planned Unit Development District is to encourage ingenuity, imagination, and creative design efforts on the part of builders, architects, site planners and developers, and to produce development that is in keeping with overall land use intensity and design standards of this Zoning Ordinance and the Community Plan while departing from the strict application of the dimensional standards of the traditional zoning Districts. Planned Unit Development Districts are intended to allow design flexibility and provide performance standards that may:
(1) Ensure that development and redevelopment occurs in general accordance with the Community Plan;
(2) Result in a desirable environment with more amenities than would be possible through the strict application of the standards of other zoning districts;
(3) Provide for an efficient use of land and public resources, resulting in co- location of harmonious uses to share facilities and services and a logical network of utilities and streets, thereby lowering public and private development costs;
(4) Foster the safe, efficient, and economic use of land, transportation, public facilities, and services;
(5) Encourage concentrated mixed-use land development patterns which decrease the length of automobile travel, encourage public transportation, allow trip consolidation and encourage pedestrian circulation between land uses;
(6) Ensure a more rational and compatible relationship between residential and non-residential uses for the mutual benefit of all;
(7) Further the economic development goals of the City;
(8) Allow for innovations in land development and redevelopment;
(9) Result in the formation or strengthening of identifiable and robust neighborhoods in the Grandview Heights community; and
(10) Encourage new buildings and uses that reinforce the development heritage of the community.
(b) Definitions.
(1) Planned Unit Development (PUD). A Planned Unit Development (PUD) means any area of land within the jurisdiction of the City of Grandview Heights in which one use or a variety of uses may be accommodated in a pre-planned environment under more flexible standards than those restrictions that would normally apply under this Zoning Code. The process in a PUD shall consist of the filing of a Preliminary Development Plan which, if approved, shall constitute the act of zoning; and a Final Development Plan which shall consist of a detailed development plan for all or any portion of the area for which a Preliminary Development Plan has been approved.
(2) Subarea. A Subarea is a distinct area of land within a PUD. Each Subarea shall designate acreage, land use, development standards, architectural standards, landscape standards, thoroughfare standards, conceptual road alignments, gross density, and such other standards as may be required by the Planning Commission and Council.
(Ord. 2006-30. Passed 9-5-06.)
(c) Permitted Uses. Within the PUD Zoning District, permitted uses shall include all uses allowable under the Zoning Ordinance that are approved through the PUD approval process and are in conformity with the purpose and intent of the Zoning Ordinance, and a compatible combination of any or all of these uses provided that the proposed location of those uses will not adversely affect adjacent property and/or the public health, safety and general welfare; provided, however, that no uses that entail the commercial sale of firearms, firearm components, or ammunition for firearms shall be permitted in areas zoned for residential.
(Ord. 2019-31. Passed 12-18-19.)
(d) Ownership. A Planned Unit Development shall be in joint or common ownership or control at the time the Preliminary Development Plan application is made for a Planned Unit Development District, or where joint or common ownership and/or control does not exist, each owner within the Planned Unit Development shall sign the Preliminary Development Plan application. Any transfer of land within the development resulting in ownership by two or more parties after an application has been filed shall not alter the applicability of the regulations contained herein. A Preliminary Development Plan or Final Development Plan approved hereunder shall be binding upon the applicant(s) and their successors and assigns, and shall limit and control the issuance and validity of all certificates of zoning approval.
(e) General Procedures. Procedures and conditions set forth for determination of Planned Unit Development Districts and development(s) therein shall be strictly followed, except when the Planning Commission and Council have reviewed, discussed and approved a written statement submitted by the applicant with the Preliminary Development Plan application clearly showing that such procedures or conditions do not apply in the specific case.
(f) Procedure for Approval of a Planned Unit Development (PUD). The following procedures shall be used to secure approval of a Planned Unit Development (PUD) and the appropriate changes of zoning resulting therefrom:
(1) First review. Prior to submitting an application for a zoning amendment that seeks a PUD designation, the applicant shall submit a letter to the Director of Building and Zoning requesting review and feedback on the proposed development from the Planning Commission. The meeting shall be known as the “First Review” and shall occur at a date that that is no more than thirty (30) days following the receipt of the letter by the Director of Building and Zoning. The first review may occur either during a regular meeting of the Planning Commission, or at a special meeting.
The purpose of the First Review shall be to provide an opportunity for the applicant to outline the basic scope, character, and nature of the proposed project in order to receive reaction and feedback from the Planning Commission in the formative stages of project design. No discussions, opinions, or suggestions provided during the First Review shall bind the applicant or the City in any respect, and shall not have any bearing on the City’s ability to approve or disapprove any subsequent applications that may be filed by the applicant.
(2) Filing of Preliminary Development Plan; staff report. The Preliminary Development Plan application, together with the required supporting materials, shall be filed with the Director of Building and Zoning. Said submittal shall include PDF or similar electronic formats. After determining that the application is complete, the Director shall forward the application to the Clerk of Council. The Clerk of Council shall draft an ordinance concerning the requested zoning change and, at Council’s first regular or special meeting that occurs at least thirty (30) days following the filing of the complete application, the Preliminary Development Plan, accompanying documents, and ordinance shall be forwarded to the Planning Commission for study and recommendation. Copies of relevant aspects of the Preliminary Development Plan shall also be forwarded to all interested City departments, which shall provide information and comment to the Director of Building and Zoning to be included in a comprehensive staff report, which shall be forwarded to the Planning Commission within a reasonable time prior to the date when that body makes a recommendation to Council, as set forth in this section.
(3) Recommendation by Planning Commission. The Planning Commission shall have a reasonable time, not to exceed sixty (60) days following its receipt at a regular or special meeting of an ordinance from Council, to consider the ordinance and the Preliminary Development Plan at a public hearing and to report its recommendations to Council, unless such time period is extended by mutual agreement of the parties. The Planning Commission shall take one of the following actions with respect to the ordinance and the Preliminary Development Plan:
A. Recommend approval of the ordinance and the Preliminary Development Plan as submitted; or
B. Recommend approval of the ordinance and Preliminary Development Plan with specific conditions as set forth in its record, for transmission to Council and as agreed to by the applicant, to further protect and improve the proposed and surrounding developments; or
C. Recommend disapproval of the ordinance and the Preliminary Development Plan.
(4) Council action. At such time as the recommendation of the Planning Commission is received by Council, Council shall establish a date for public hearing on the ordinance and the Preliminary Development Plan by giving notice in the same manner as is required for any application for zoning amendment in the City. Such public hearing on the ordinance and Preliminary Development Plan by Council shall be heard within sixty (60) days after the receipt of the recommendation of the Commission, unless such time period is extended by mutual agreement of the parties. The Preliminary Development Plan and the ordinance, along with the report of the recommendations of the Planning Commission, shall be available for public inspection in the office of Clerk of Council for a period of thirty (30) days immediately preceding the public hearing. After consideration of all relevant documentation, Council shall approve the ordinance and Preliminary Development Plan as submitted, approve the ordinance and Preliminary Development Plan with specific conditions and/or modifications as agreed to by the applicant, or disapprove the ordinance and the Preliminary Development Plan.
(5) Effect of approval. Adoption of the ordinance including the Preliminary Development Plan shall constitute a rezoning of the property included therein. The development standards approved as a part of the Preliminary Development Plan shall apply, to the exclusion of any conflicting provisions of the Zoning Ordinance. To the extent that these development standards are silent on any matter, the pertinent provisions of the Zoning Ordinance shall be applied. Prior to the development or the construction of improvements contained in the Preliminary Development Plan, the applicant shall be required to comply with the provisions of subsection (6) hereof.
(6) Final Development Plan. Final Development Plans are intended to be detailed representations of and in conformance with all aspects of the approved Preliminary Development Plan. Said submittal shall include PDF or similar electronic formats. Following receipt of a Final Development Plan application and the required accompanying documents from the Director of Building and Zoning, it shall be the duty of the Planning Commission to review such plan and determine whether it complies with regulations of this chapter, that it represents a detailed and precise expansion and delineation of the previously approved Preliminary Development Plan, and that it complies with all conditions which may have been given at the time of approval of the Preliminary Development Plan.
A. Timing. Within three (3) years of notice of approval of the Preliminary Development Plan, the applicant shall submit a Final Development Plan for a substantive part of the development. Upon good cause shown by the applicant and by a majority vote of the Planning Commission, the Planning Commission may extend the three-year period if the request is submitted prior to the expiration date. In the event progress on the PUD is discontinued, the City may begin procedures to rezone the property to the zoning district in place prior to the Planned Unit Development District or to another district, as may be determined appropriate.
B. Application. At any time after the approval of the Preliminary Development Plan (subject to the time constraints and restrictions set forth above), an applicant may file a Final Development Plan application, together with the required supporting materials, with the Director of Building and Zoning. Copies of the Final Development Plan application and supporting documentation shall be forwarded to all interested City departments, which shall provide information and comment to the Director of Building and Zoning to be included in a comprehensive staff report, which shall be forwarded to the Planning Commission at its first regularly scheduled or special meeting that is at least thirty (30) days following the date on which said application was filed.
C. Planning Commission Action. Within sixty (60) days following the receipt of at a regular or special meeting the Final Development Plan application, the Planning Commission shall hold a public hearing and take action on the Final Development Plan application. In taking action on the application, the Planning Commission shall approve the Final Development Plan application and its supporting documentation as submitted, approve the Final Development Plan and its supporting documentation with specific conditions as agreed to by the applicant, or disapprove the Final Development Plan application and its supporting documentation.
D. Effect of Approval. If the Planning Commission finds that the Final Development Plan meets the criteria for approval as set forth in this Chapter, it shall approve the plan and the Planning Commission chair, vice chair or designee shall affix his/her signature and approval date thereto attesting to such approval. Following approval of the Final Development Plan and the attestation of such action by the Commission chair, vice chair or designee, the applicant shall provide one Mylar copy of all plans as well as digital AutoCAD or other CAD program as may be requested by the City and PDF files or other image formats as may be requested by the City (e.g., TIFF files) as part of the Final Development Plan for the records of the City. Approval of the Final Development Plan for a property shall entitle the applicant and its successors, assigns, and designees to develop that property in accordance with that plan and any conditions of approval attached thereto.
At any time, the applicant and its successors in title to any property for which a Final Development Plan has been approved may submit an amended Preliminary Development Plan. In such event, the same procedures shall be followed as in the case of an original Preliminary Development Plan and, if approved, such amended Preliminary Development Plan shall in all respects be considered as if it were the originally adopted Preliminary Development Plan.
E. Revisions to Preliminary Development Plan. In the event that the details of a Final Development Plan necessitate minor revisions of portions of the approved Preliminary Development Plan located inside or outside of the area to be included within boundaries of the Final Development Plan, then those revisions may be approved by the Planning Commission in conjunction with its approval of the Final Development Plan. In considering such revisions, the Planning Commission may authorize minor modifications to the Preliminary Development Plan that are required to correct any undetected errors, are consistent with the Community Plan and the purpose of the approved Preliminary Development Plan, or that are necessary to ensure orderly and efficient development. “Minor modifications” shall be limited to those subjects addressed in the original Preliminary Development Plan, including but not limited to:
1. Minor adjustments in subarea or lot lines, provided no additional subareas or lots are created;
2. Minor adjustments in location of building footprints and parking lots provided the perimeter setbacks, yards, and buffers remain in compliance with applicable requirements;
3. Minor adjustments in building heights;
4. A substitution of landscaping materials;
5. A redesign and/or relocating stormwater management facilities;
6. Minor modifications to the design of signs, including sign face, sign lighting, and color palette, provided that the maximum sign area and maximum sign height, as specified and approved in the Preliminary Development Plan are not exceeded; and
7. Minor changes in building material that are similar to and have the same general appearance and durability as the material approved on the Preliminary Development Plan.
(g) Basis of Plan Approval.
(1) Preliminary Development Plan. In the review of proposed Planned Unit Developments, the Planning Commission and City Council shall determine whether or not the Preliminary Development Plan complies with the following criteria:
A. That the proposed development is consistent in all respects with the purpose and intent of the Zoning Ordinance;
B. That the proposed development is in general conformity with the Community Plan or portion(s) thereof as may apply;
C. That the proposed development advances the economic development and fiscal goals of the City;
D. That the benefits, improved arrangement, and design of the proposed development justify deviation from standard development requirements included in the Zoning Ordinance;
E. Where applicable, the relationship of buildings and structures to each other and to such other facilities are appropriate;
F. That traffic and pedestrian circulation systems within the proposed project are appropriate to serve the subject site and the surrounding area;
G. That the following development standards that are to apply to the project are adequate to ensure the orderly development of the subject site and will not adversely affect adjacent property and/or the public health, safety and general welfare:
1. Building heights of all structures;
2. Front, side and rear yard definitions and uses where they occur at the development periphery;
3. Gross commercial building area;
4. Area ratios and designation of the land surfaces to which they apply;
5. Spaces between buildings and open areas;
6. Width of streets in the project;
7. Setbacks from streets;
8. Off-street parking and loading standards;
9. The order in which development will likely proceed in complex, multi-use, multi-phase developments.
10. Landscaping, screening and buffering;
11. Signs.
(2) Final Development Plan. In the review of a Final Development Plan application, the Planning Commission shall determine whether or not the proposed development, as depicted on the Final Development Plan, substantially conforms in all pertinent respects to the approved Preliminary Development Plan and continues to meet a preponderance of the criteria for approval of the Preliminary Development Plan as determined by Council.
(h) Plat; Recording and Transfer.
(1) A final subdivision plat prepared in accordance with applicable requirements of the subdivision regulations for the area covered by the Final Development Plan shall be prepared for Council approval prior to appropriate recording. When a final plat is approved by Council for any property with a PUD zoning designation, the owner shall file and record the same in the Office of the County Recorder within six (6) months unless such time is, for good cause shown, extended by resolution of Council. If not recorded within this time, the approval of Council shall become null and void. Original tracings will become the permanent record of the County Recorder. One copy of this tracing, reproduced on Mylar, showing the date and place of recording, shall be supplied by the owner to Council as local public records.
(i) Plan Contents.
(1) The following described contents shall be provided to secure approval for Planned Unit Development (PUD) District zoning. The basic process shall require submittal and approval of:
A. An application for approval of a Preliminary Development Plan along with the required plans and documents set forth in Section 1157.045(i)(3); and
B. An application for approval of a Final Development Plan along with the required plans and documents set forth in Section 1157.045(i)(4).
(2) All plans shall be drawn to a scale suitable to the scope of the project and acceptable to the City. Seventeen (17) copies of each plan shall be submitted to the Director of Building and Zoning.
(3) Contents of Preliminary Development Plan. An application or petition for a Zoning Map amendment to establish a Planned Unit Development at a particular location or to amend the regulations applicable to a previously established PUD shall contain or be accompanied by a Preliminary Development Plan and a development standards text, as well as any other items that may be required to provide Council with grounds for making findings pursuant to Section 1(G) of this Ordinance (“Basics of Plan Approval”). The Preliminary Development Plan shall indicate the following in text or map form:
A. North point and scale;
B. Overall urban design concept of the proposed PUD object;
C. Accurate boundaries of the entire project, including survey legal descriptions;
D. Location of the site within the City;
E. All permitted uses and conditional uses and limitations applicable thereto;
F. A subarea plan which shows the allocation of land use by acreage, type, and density, building footprints, parking lot locations, and proposed lot lines and parcel sizes;
G. Development standards, design and architectural guidelines for each subarea, including but not limited to:
. 1. Building height;
2. Building materials;
3. Fenestration;
4. Style and character;
5. Landscaping layout and materials;
6. Lighting;
7. Parking requirements; and
8. Signage.
H. General locations of principal thoroughfares and open space, and suggested ownership of same;
I. Existing roads, buildings, and permanent facilities on the site;
J. Jurisdictional boundaries, if applicable;
K. Easements, rights-of-way, and abutting property boundaries;
L. Any proposed off-site improvements and/or utility line extensions needed to serve the site;
M. Surface drainage and areas subject to flooding, and proposed stormwater management strategy;
N. Existing utility systems;
O. The location and size of areas of residential use, indicating dwelling unit densities, dwelling unit types, and the total number of dwelling units in the overall development plan, and whether the common areas of the proposed residential use will be managed by any non-owner;
P. The location and size of areas of nonresidential use, indicating unit densities, unit types, the total number of units in the overall development plan, and whether the common areas of the proposed nonresidential use will be managed by any non-owner.
Q. The size, location and use of public portions of the tract, including usable open areas, parks, playgrounds, any civic facilities and other public areas and open spaces with the suggested ownership of such areas;
R. The traffic circulation patterns, including public and private streets and parking areas, indicating their relationship to existing streets, or showing other evidence of reasonableness; and
S. An affidavit of the applicant listing all property owners within the 200 feet contiguous to and directly across the street from the parcel(s) included in the Preliminary Development Plan and their addresses as appearing on the Franklin County Auditor’s current tax list.
(4) Contents of Final Development Plan. An application for approval of a Final Development Plan shall contain or be accompanied by a Final Development Plan and a copy of the development standards text that was approved as a part of the Preliminary Development Plan. The Final Development Plan shall indicate the following in text or map form:
A. A bar scale, north point, and total acreage of the area that is the subject of the Final Development Plan;
B. Overall urban design concept of the proposed project in the area that is the subject of the Final Development Plan;
C. Accurate boundaries of the property that is the subject of the Final Development Plan, including survey legal descriptions;
D. Accurate outlines, dimensions and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed covenant for the common use of all property owners, and the acreage of such reserved areas;
E. The lines of adjoining streets and alleys with their width and names;
F. All lot lines and easements with their dimensions;
G. Radii, arcs, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners;
H. The dimensions and locations of proposed structures, buildings, streets, parking areas, yards, playgrounds, school sites, open spaces and other public or private facilities (this provision shall not apply to those areas of the Final Development Plan indicated for development of one- or two-family building sites. However, all lots intended to be so developed shall have building setback lines indicated thereon);
I. A detailed statement of all uses proposed to be established indicated in the areas to be occupied by each use and the anticipated density of population and building intensity;
J. Detailed engineering plans for the provision of all streets and utilities including provisions for off-site connections and facilities necessary to serve the entire areas which are the subject of the Final Development Plan;
K. Detailed engineering site grading plans including proposed finished grades (this provision shall not apply to those areas of the Final Development Plan indicated for development of one- or two-family building sites);
L. Proposed drainage facilities;
M. Detailed landscaping plans (this provision shall not apply to those areas of the Final Development Plan indicated for development of single-family detached homes, except that detailed landscaping shall be provided as to all residential entry features.);
N. Architectural drawings demonstrating the design and character of the proposed structures, buildings, uses and facilities and the physical relationship of all elements (on a one- or two-story building site this provision is intended to demonstrate the exterior design, character and general element of and within the plan and it is not intended to require a detailed presentation by the applicant. However, it should provide sufficient detail to enable the Planning Commission to make a decision). The architectural plans must also specify the quality and durability of all exterior building materials;
O. A certificate to the effect that the owner will dedicate to public use the appropriate uses, streets, parks and other lands intended for public use, provided those areas are acceptable to the Municipality;
P. A tabulation showing the exact area of each lot, reserve or other parcel shown on the plan (other than streets and alleys), such areas to be computed inclusive of and after the extension of lot or parcel lines to the center lines of contiguous public ways, such as streets and parking areas;
Q. Space for signature of the Planning Commission chair, vice chair or designee and the date of Commission approval;
R. Location and character of all signs;
S. The proposed size, location, ownership and use of nonresidential portions of the tract, including usable open areas, parks, playgrounds, school sites, other public areas and open spaces, and the methods of access whereby all residents of the PUD can have ingress to and egress from the aforesaid areas or portions of the tract whether such areas have been previously established or will be established in the future; and
T. An affidavit of the applicant listing all property owners within the 200 feet contiguous to and directly across the street from the parcel(s) included in the Final Development Plan and their addresses as appearing on the Franklin County Auditor’s current tax list.
(j) Appeal. If the Planning Commission disapproves any Final Development Plan in a Planned Unit Development District, the applicant shall have no more than thirty (30) days in which to file an appeal with the Council for review. Such appeal shall be in writing and shall be filed with the Director of Building and Zoning. Council shall then act on the appeal within thirty (30) days of the filing of said appeal.
(Ord. 2006-30. Passed 9-5-06.)