It is the purpose of this section to promote more imaginative and flexible developments of various uses that will encourage open space preservation, open space amenities, landscaping and are pedestrian-friendly.
(A) Objectives.
(1) To encourage economic development by offering developers greater flexibility in the design and location of uses;
(2) To encourage the provision of common open space in the development of planned unit development properties;
(3) To encourage developers in the use of a more creative and imaginative approach to development; and
(4) To encourage user-friendly and pedestrian-friendly developments.
(B) Applicability. The provisions of this section, shall take precedence when in conflict with other section of the Zoning Ordinance.
(C) Qualifying conditions.
(1) In applying for a special use permit as a planned unit development, applicants should keep in mind that the approval of the development, in terms of layout, design, uses and all other related site improvements runs with the property itself and not the property owner. This means that any transfer of property will require the new owner(s) to meet the provisions of the development as approved by the township. Modifications or transfer must follow the requirements as set forth in this section.
(2) To qualify for consideration as a planned unit development, the following conditions shall be met.
(a) The proposed development shall be designed within a unified architectural treatment as provided for in division (F) below.
(b) Minimum lot size shall be three acres and shall contain at least three individual uses.
(c) The lot shall front at least one street classified as an arterial or principal collector and be provided with adequate ingress and egress, including provision of service land running the length of the property abutting the arterial or collector.
(d) The lot or lots shall be zoned B-l, B-2, B-3 or a combination of these three districts. When located upon a principal arterial road or along a state highway, the lot or lots may be a combination of A-l and one or more of the following: B-l, B-2 and B-3. A planned unit development is not permitted in an area only zoned for agriculture or in areas shown in the township's adopted future land use plan as agriculture only.
(e) Public water and sewer facilities shall be available or shall be provided as part of the site development.
(D) Permitted uses. All cumulative uses as permitted by right and as permitted by special use permit in the B-l, B-2 and B-3 districts may be granted approval under the planned unit development special use permit, excluding adult uses as defined within this chapter; provided, the uses and structures are complementary to each other, do not cause undue overcrowding and comply with the other provisions of this section.
(E) Lot variation and development requirements.
(1) The common open space created under the provisions of this section shall be no less than 10% of the total lot area. The open space may include, but not limited to, the following:
(a) A public plaza;
(b) A park;
(c) A public plaza or a park created in combination with the storm water retention basin;
(d) Area devoted exclusively to designated pedestrian walkways within the development (not including sidewalk or parking lot walkways) may be counted as part of the open space; and
(e) Landscaped areas beyond what is required under the prevailing zoning district requirements may be counted as open space.
(2) For each square foot of common open space created, an equal amount may be added to the bulk requirements of the prevailing zoning district.
(3) Suggested setbacks shall be 40 feet as front yard, 20 feet as side yards and 30 feet as rear yard.
(4) Maximum building height shall be three stories or 40 feet.
(5) The Planning Commission in its review of the site plan shall determine the lot width, building setbacks, building heights and densities. In determining the appropriate requirements, the Planning Commission shall take into account:
(a) The nature of existing and future land uses adjacent to and near the site;
(b) The number, type and size of buildings proposed for the site;
(c) Location of natural and cultural features on the site;
(d) Topography of the site;
(e) Provision of public utilities to the site;
(f) Requirements for adequate fire, police and emergency vehicle access; and
(g) The objectives of this section.
(6) Planned unit developments with attached housing, including two-family dwellings, townhome development, and multiple-family dwellings, shall be developed in accordance with § 155.028, Attached Housing Residential Development Standards. Planned unit developments including a building or buildings with residential dwellings on a floor or floors above a commercial or office use shall be exempt from the § 155.028 standards.
(F) Architectural and site design guidelines.
(1) A unified architectural and site design theme should be incorporated into each development.
(2) The appearance of a "sea of asphalt" parking lot in the front of the development shall be avoided. Both perimeter and interior parking lot trees shall be provided for shade and visual relief while maintaining view corridors to the storefront areas.
(3) A portion of the total building area should be located at the street perimeter with substantial landscaping that reinforces and strengthens the streetscape and helps screen off-street parking area.
(4) Landscaping trees shall be allowed to achieve their natural form. Pruning to reduce the natural diameter of the trees shall not occur.
(5) Truck delivery and circulation routes should be separated from customer circulation throughout the site. Delivery and service activities should be accessed from the least traveled route adjacent to the site.
(6) All roof top mechanical equipment, antennas and the like shall be screened from view. Roof top lighting is strongly discouraged.
(7) Textured or colored paving materials are encouraged to identify pedestrian circulation areas, especially within the parking lot.
(8) Shopping cart storage areas shall be incorporated into the building design to provide a visual screen of carts from the parking area.
(9) Outdoor gathering areas and public eating areas are encouraged.
(10) All commercial signs shall be designed as an integral part of the development and shall be harmonious with other aspects of the development.
(G) Amending or transferring ownership.
(1) Prior to a transfer of ownership or a change in use, the property owner(s) of the development must contact the township in writing to declare their intent and initiate an administrative review process.
(2) Administrative review process shall include, but not be limited, to the following.
(a) During and after the establishment of the planned unit development, the owner(s) or proponents of the development shall strictly adhere to conditions, schedules and development requirements recommended by the Planning Commission. The owner(s) or proponents must submit any proposed modifications to the approved plan that specifically affects established densities, uses, an increase or reduction in size and scope of the project, modifications affecting publicly dedicated open spaces, rights-of-way or easements, and alterations to the approved overall plan, including architectural design changes.
(b) Any of these modifications shall require submission of a site plan application to the township describing the proposed changes. All proposed changes shall follow the same process as the original site plan review and approval process.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 08-03, passed 9-16-2008; Ord. 16-05, passed 5-16-2016) Penalty, see § 155.999