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(a) An applicant may propose to include a ratio of not less than seventy-five (75) percent from the list of the permitted or conditional uses for the underlying zoning district, and not more than twenty-five (25) percent from the list of the permitted or conditional uses from any other zoning district except those uses listed in the "M" districts.
(b) Combinations of residential types may be proposed to allow greater design flexibility. This combination of residential types may include single-family detached dwellings, two-family dwellings, zero lot line units, and multiple-family dwellings.
In addition to design standards and any conditions of approval required by Council, the following standards shall apply to a Planned Unit Development.
(a) Planned Unit Developments must be:
(1) Developed in accordance with the general or specific objectives of the Master Plan;
(2) Designed, constructed, operated, and maintained in such manner as to be harmonious with the existing or intended character of the general vicinity;
(3) Would not be hazardous to existing or future neighboring uses;
(4) Would be served adequately by essential public infrastructure, facilities, and services, or provides at the applicant's expense for the construction of additional public infrastructure, facilities, and/or services which would adequately service such use; and
(5) Would not involve uses, activities, processes, materials, equipment, or conditions of operation which would be detrimental to persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(b) Minimum Size. Planned Unit Developments must be owned, leased, or controlled by one person or single entity at the time of application and must contain at least three (3) contiguous acres.
(c) Maximum Overall Density. The maximum overall residential density in a PUD shall be equivalent to the maximum density that would otherwise be permitted if the area proposed to be dedicated to residential land uses were developed as a conventional subdivision.
(1) PUD Density shall be calculated by preparing a map of the units yielded for a conventional subdivision on the parcel, or by use of the following formula:
(TSA/MLA) X 80%, where:
(A) TSA = the Total Site Area. TSA is determined by deducting the following from the total project area:
(i) Any area devoted to non-residential purposes;
(ii) The area of land which may not be developed because it is within a floodway, Category 3 wetland, existing water body, or land subject to an existing conservation easement, but where floodways, wetlands, water bodies, or land subject to an existing conservation easement overlap, they shall be counted only once. The Planning Commission may reduce the total for the amount of land which may not be developed by up to one-third (1/3) upon a finding the developer will incorporate and provide an adequate mechanism for the preservation of an equivalent area of these features in required yard setbacks.
(B) MLA = Minimum Lot Area (in acres). The minimum lot area factor shall be the stated minimum lot area requirement in Section 1125.14(f) (Schedule of District Regulations) for the type of residential development in the underlying Zoning District. To convert the minimum lot area requirements in the Schedule from square feet to acres simply requires the specified standard in square feet to be divided by 43,560 square feet per acre.
(C) 80% = The factor to account for losses in land area due to proposed new roads and the fact that some of the lots in a development will be larger than the minimum required.
(D) When the above formula produces a fractional value for the total number of units for the total project area, this final number shall be rounded to the nearest whole number.
(2) When a residential use is proposed for a PUD in a commercial or industrial underlying zoning district, the minimum lot area standard for the residential area of the PUD shall be the minimum lot area requirement for R-4 multiple-family dwellings in Section 1125.14(f) (Schedule of District Regulations).
(d) Flexible Development. Minimum required lot area, lot width, and yard depth standards specified in Section 1125.14(f) (Schedule of District Regulations) may be reduced to accommodate a variety of structural patterns, clustering designs, and housing types.
(1) The minimum spacing between any principal buildings, which are not attached, shall be ten (10) feet.
(2) Planned Unit Developments must be developed so that any reduction to minimum residential lot size provides required common open space at an equivalent ratio. Where the sum of the area of all lots devoted to residential use is less than the product of the number of dwellings and the minimum lot area requirement for each type of dwelling pursuant to Section 1125.14(f) (Schedule of District Regulations), the difference in area shall be required open space.
(e) Open Space. Planned Unit Developments must be designed so that all common open space is preserved for its intended purpose as expressed in the Final Development Plan.
(1) One or a combination of the following three methods shall be used to administer the common open space:
(A) Public dedication to the City of the common open space.
(B) Establishment of an association or nonprofit corporation of all individuals, corporations or other entities owning property within the Planned Unit Development to insure the maintenance of all common open space.
(C) Retention of single ownership, control and maintenance of all common open space.
(2) Planned Unit Developments must be established so that all privately owned common open space shall continue to conform to its intended use and remain as expressed in the Final Development Plan through the inclusion in all deeds of appropriate restrictions to insure that the common open space is permanently preserved according to the Final Development Plan. Such deed restrictions shall run with the land and be for the benefit of the property owners and shall contain a prohibition against partition.
(3) Planned Unit Developments must be designed so that all common open space, as well as public and recreational facilities, shall be specifically included in the development schedule and shall be constructed and fully improved at an equivalent or greater rate than the construction of residential structures. In addition, common open space shall be designed as a functional part of the development, distributed throughout the area and accessible to all residents. If administration of common open space is through an association or nonprofit corporation, such organization shall conform to the following requirements:
(A) The association or nonprofit corporation shall be established prior to the sale of any lots.
(B) Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the Planned Unit Development.
(C) The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, provide for the maintenance, administration and operation of such land and structures, and any other land within the Planned Unit Development not publicly or privately owned, and shall secure adequate liability insurance on the land and structures.
(D) If administration of common open space is through an association or nonprofit corporation, the title to all residential property owners shall include an undivided fee simple estate in all common open space.
(f) Essential Services. Planned Unit Developments shall be:
(1) Adequately served by essential public infrastructure, facilities, and services, or provides at the applicant's expense for the construction of additional public infrastructure, facilities, and/or services which would adequately service such use;
(2) Located on a site with at least one property line abutting a major or minor arterial street and designed so that all ingress and egress to the off-street parking area for guests, employees and residents shall be directly onto a major or minor arterial street.
(3) Designed so that utilities and streets in the Planned Unit Development meet the Standards of Improvements as set forth in Section 1165.10 (Standards of Improvements).
(g) Off-street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the PUD Overlay District.
(h) Signs Permitted. Signs shall be permitted in the PUD Overlay District in accordance with Chapter 1143.
It is intended that PUD development review will be a two-stage process, first involving Preliminary Development Plan approval to include amendment to the Zoning Map designating the parcel a PUD Overlay District, and then involving Final Development Plan approval, which includes Subdivision Preliminary Plat approval. Applicants are encouraged to separately submit applications for approval of Preliminary Development Plans to the Planning Commission for review before extensive engineering and formal submission of a Final Development Plan as set forth in the following sections. At the applicant's option, however, the applicant may proceed directly toward filing of a Combined Preliminary and Final Development Plan. The procedures for a Combined Preliminary and Final Development Plan shall require the same procedural manner as an amendment to this Zoning Code in accordance with Chapter 1105.08 (Public Hearing Requirements). The submission requirements shall include all requirements for a Preliminary Development Plan and a Final Development Plan.
An application for approval of a PUD Preliminary Development Plan by the Planning Commission and City Council shall be filed with the Building and Zoning Inspector along with all required plans and documents.
(a) Preliminary Development Plan Submission Requirements. A complete submittal of the Preliminary Development Plan application shall be prepared by a registered professional engineer or architect drawn on 24 x 36 drawing sheets to a scale of one (1) inch equals twenty (20) feet for sites less than one (1) acre, one (1) inch equals fifty (50) feet for sites of one (1) acre to forty (40) acres, or one (1) inch equals one hundred (100) feet for sites greater than 40 acres. All applications shall include:
(1) Application fees as determined by Council.
(A) Additional fees may be required to defray the expenses associated with the public review of the plans, including the need to retain a registered professional engineer, architect, or landscape architect, or other professional consultant to advise the Planning Commission on any or all aspects of the Predevelopment Plan.
(B) A bond or other similar performance guarantee may be required to ensure compliance with the Predevelopment Plan and stated conditions of approval.
(2) Twenty (20) prints of a map or maps indicating the relationship between the Planned Unit Development and the surrounding areas.
(3) Name of the project, boundaries, legal description, and location maps showing the sites location in the City, date, north arrow, and scale of the plan.
(4) Name and address of the owner of record, developer, and seal of the engineer or architect who prepared the Preliminary Development Plan.
(5) Boundaries of the total proposed development, including dimensions and acreage.
(6) Public land usage, private land usage and common land usage.
(7) A description of physical conditions affecting the site, including:
(A) All existing water features that appear on 1:24,000 USGS maps and all proposed changes to these existing features. Existing water features include ponds, lakes, streams, regulated wetlands, flood plains, and drainage control structures.
(i) If any portion of the parcel is within the 100-year flood plain, the area will be shown and base flood elevations given.
(ii) Regulated wetlands mean wetlands regulated by the Army Corps of Engineers or the Ohio EPA.
(B) All existing wooded areas and canopy cover.
(C) All existing historic, archaeological, or cultural sites of significance.
(D) On-site easements.
(8) The location and use of structures and land within two-hundred (200) feet of the site, denoting existing right-of-way, property boundaries and zoning.
(9) Proposed lots and structures with approximate dimensions, height, gross floor area, setbacks and acreages. Diagrams, tables, or descriptions containing the following information must be included:
(A) The type of structures to be constructed and proposed uses.
(B) Proposed design parameters or themes for buildings and other improvements.
(C) A description of proposed common open space and the method of administering such open space.
(D) Approximate locations and sizes of parking areas.
(10) Existing and proposed roadways, along with proposed pedestrian circulation systems.
(11) Delineation of specific areas designed as a proposed stage or phase.
(b) Preliminary Development Plan Review Procedure.
(1) Determination Application Complete. On the date the Building and Zoning Inspector has determined that the application is a complete submittal, the application shall be stamped as a complete submittal and may be filed with the Municipal Clerk by the applicant within sixty (60) calendar days. If the application is not determined to be a complete submittal, the Building and Zoning Inspector shall promptly notify the applicant of the items needed.
(2) Planning Commission Public Hearing Scheduled. After the filing of a complete petition or application with the Municipal Clerk, the Municipal Clerk shall schedule the matter for public hearing before the Planning Commission and provide notification of the hearing in the same procedural manner as an amendment to this Zoning Code in accordance with Section 1105.08 (Public Hearing Requirements).
(3) Significance of Approved Plan. Approval of the Preliminary Development Plan shall:
(A) Result in the rezoning of the parcel to the PUD Overlay District.
(B) Establish the development framework for the project, including the general location of open space, development areas, densities, unit types, recreational facilities, and street alignments.
(C) Be the basis for the developer to proceed with detailed planning and engineering in reliance on the approved Preliminary Development Plan.
(D) Authorize the applicant to apply for all other required administrative approvals for the project or subsequent phases thereof, including, but not limited to any necessary variances or applicable design review requirements.
After approval of a Preliminary Development Plan application by Council (if submitted), a final application shall be submitted to the Planning Commission for its review and recommendation to Council. Concurrently with PUD Final Development Plan approval, the Planning Commission shall consider applications for Preliminary Plat approval in accordance with the requirements of the Maumee Subdivision Regulations.
(a) Final Development Plan Submission Requirements. A complete submittal of the Final Development Plan shall be prepared by a registered professional engineer or architect on 24 x 36 drawing sheets drawn to a scale of one (1) inch equals twenty (20) feet for sites less than one (1) acre, one (1) inch equals fifty (50) feet for sites of one (1) acre to forty (40) acres, or one (1) inch equals one hundred (100) feet for sites greater than 40 acres. Submissions shall include all elements of a Site Plan, pursuant to Section 1135.05 (Submission Requirements). In addition, such a submission shall include:
(1) The required number of copies of the proposed Final Development Plan to the Building and Zoning Inspector along with the required application fee.
(2) A complete application for preliminary plat approval as set forth in Section 1169.02 (Preliminary Plats) to include any requirements of applicable Subdivision Regulations.
(3) All organizational documents, covenants, deed restrictions, and maintenance agreements to be imposed upon the use of common areas and open space.
(4) Articles of Incorporation and bylaws of organizations charged with maintenance responsibilities.
(5) A Final Plan drawing that illustrates:
(A) Common open space.
(B) Landscaping plan for all buffers and other common areas, meeting the requirements of Chapter 1145 (Minimum Landscape Requirements).
(C) Architectural guidelines to apply throughout the development.
(D) A description of the expected timing of the development.
(6) In addition to the above, additional information may be required, including environmental impact studies and archaeological surveys prepared by appropriate professionals to document the impacts of the development and to address potential mitigation measures.
(b) Final Development Plan Review Procedure.
(1) Required Preliminary Reviews. When design review is required, approval shall be obtained from the appropriate board prior to PUD Final Development Plan review.
(2) Determination Application Complete. On the date the Building and Zoning Inspector has determined that the application is a complete submittal, the application shall be stamped as a complete submittal and may be filed with the Municipal Clerk by the applicant within sixty (60) calendar days. If the application is not determined to be a complete submittal, the Building and Zoning Inspector shall promptly notify the applicant of the items needed.
(3) Hearing. An adjudicative hearing in accordance with Section 1105.08 (Adjudicative Hearing) shall be held by the Planning Commission to consider a Final Development Plan and notification requirements for such public hearing shall be provided accordingly.
(4) Plat Approval and Staged Development. If a Final Development Plan involves a Plat, the Building and Zoning Inspector shall not issue a Zoning Certificate until a Final Plat has been recorded for the entire PUD, or the associated phase or stage thereof.
(A) Undeveloped phases or stages of a PUD shall remain under single ownership and shall not be leased or sold, without prior approval from the Planning Commission.
(B) If Final Development Plan approval is requested in stages, then, Final Development Plan application for approval of any or all of the remaining stages specified in the preliminary development plan must be filed within one (1) year of the approval of the previous stages.
(5) Final Development Plan Review Criteria. The Planning Commission and City Council shall review the proposed Final Development Plan according to the criteria defined in Section 1127.15 (Development Standards). Further, approval of the final development plan must include the determination that the exception(s) from standard district requirements are warranted by design and other amenities incorporated in the Final Development Plan.
(6) Action by Planning Commission. The Planning Commission shall recommend to Council, approval, approval subject to conditions, or disapproval of the Final Development Plan application based upon the conformity of the Final Development Plan with the Preliminary Development Plan (if submitted) as approved by Council, based upon the sufficiency and accuracy of the required exhibits, and the requirements and purpose of this chapter.
(7) Action by City Council. Council shall review the recommendations of the Planning Commission and shall approve, approve subject to conditions or deny the final application. Approval of a final development plan shall expire after twelve (12) months unless a final plat is recorded.
(A) Maintenance of Public Records. The original tracings, exhibits and documents shall be certified by the Municipal Clerk and retained as public records by the City.
(B) Bond. A maintenance bond shall be provided prior to final approval for the proper maintenance of the landscaping and other outside facilities such as walks, drives, parking lots and utilities.
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