(a) Planned Mixed Use District Standards. This section sets forth the procedural requirements and other PMU district specific standards to be applied to projects seeking to develop under this comprehensively planned zoning district. In the event of a conflicting standard or requirement between this section and other areas of this Zoning Code, the standard and requirements set forth in this section shall be followed.
(b) Land Uses.
(1) Prohibited land uses. The list of permitted and conditionally permitted land uses is set forth in the Land Use Matrix Chart in Section 1129.07
of this Code. All other land uses shall be prohibited in this mixed use district. Some of the expressly prohibited land uses in this mixed use district include, but are not limited to:
A. Agriculture.
B. Alternative financial services.
C. Vehicle sales.
D. Boarding houses.
E. Car or truck wash facility as a principal use on a lot.
F. Dealers or businesses with outdoor display of automotive, recreational vehicle, motorcycle, boat, construction equipment, farm equipment, manufactured homes, and other similar equipment for sale, rent or lease.
G. Gas station / convenience store as a principal use on a lot.
H. Outdoor sales area over sixty square feet.
I. Outdoor storage.
J. Sexually oriented businesses.
K. Storage as a primary use including mini-storage and self-storage.
L. Towing services, salvage yards and impound lots.
M. Any use or development that creates a danger to public health or safety and/or a nuisance, including but not limited to environmental pollution, traffic, noise, vibration, odor, dust, or glare, based upon a land use interpretation by the Building Commissioner in order to adequately determine whether such use is compatible with the zoning district.
N. Any other land use not expressly listed under the PMU district designation in the Land Use Matrix Chart found in Section 1129.07.
(2) Multifamily land uses. Multifamily land uses within a PMU development may be permitted by City Council on a case-by-case basis. These PMU multifamily standards further serve as a guide to regulate the amount and concentration of multifamily dwelling units within a PMU development. Multifamily land uses may be permitted within a PMU zoning district if a PMU waiver is issued by City Council and shall be subject to the following standards:
A. Multifamily land uses may only be permitted when submitted as part of a PMU Development Plan application which also includes non-residential land uses which create a net positive tax revenue stream to the City.
B. The density allowed for multifamily land uses within a PMU zoning district shall not exceed twelve units per acre without a PMU waiver approved by City Council.
C. The amount of land area dedicated to multifamily residential land uses within a PMU development shall be considered on a case-by-case basis by City Council after considering the intent and goals of the PMU zoning district as set forth in this Zoning Code and the Middleburg Heights Master Plan and other applicable planning studies. The targeted maximum amount of multi-family land area in any single PMU development application is sixty percent (60%). The goal is to ensure that any PMU development application contains a mixture of uses that will create a net positive tax revenues derived from the site.
(c) Open Space Requirements. No less than ten percent (10%) of the land developed in any Planned Mixed Use District development project shall be reserved for common open space for the residents or users of the area being developed. A minimum of fifty percent (50%) of the required total common open space area shall consist of active open space.
(1) Design goals. Active open space shall be designed with the goal to encourage active recreational use(s) for the users of the development. Active open space may include, but may not be limited to, the following uses: common gathering space, mowed open space, children play areas, and community garden areas.
(2) Connectivity. When the physical terrain and site layout permits, all open space areas shall be connected through pedestrian related facilities including but not limited to: sidewalks, hike/bike trails, and other similar pedestrian pathways.
(3) Ownership of open space. The required amount of common open space reserved under a Planned Mixed Use development shall be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or for use of visitors to the development.
(4) Maintenance of open space. The responsibility for the maintenance of all open spaces shall be specified by the developer in the Planned Mixed Use application materials.
(d) Planned Mixed Use (PMU) Development Plan Review Procedure.
(1) Stage 1: PMU concept plan. The Stage 1 concept plan is intended to introduce the proposed project and to facilitate the City and the applicant reaching a mutual understanding on basic design, land usage and other elements of the proposed project. The applicant shall submit a concept level plan along with a completed PMU application form, application fee paid in full along with twelve copies of the following contents:
A. An area map showing adjacent property owners and existing uses within 200 feet of the project property line boundaries.
B. A legal description of the metes and bounds of the parcel.
C. A concept plan approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following:
1. The existing topographical features of the site.
2. The location of the various metes and bounds of the parcel.
3. The general outlines of the interior roadway system, the proposed access points for the project and all existing rights-of-way and easements, whether public or private.
4. Delineation of the various land use areas indicating the general size and composition of each area in terms of total number of non-residential structures and residential dwelling units and unit size and bedroom count.
5. A calculation of the residential density in dwelling units per gross area including interior roadways;
6. The interior active and passive open space areas including the on-site pedestrian connectivity network plan.
D. Indicate where portions of the site are subject to flooding, if applicable. The concept plan shall include a sheet indicating the extent and frequency of flooding by delineating the limits of any flood plain areas or flood way areas as determined by the most current FEMA Flood Insurance Maps;
E. Principal ties to the community at large with respect to transportation, off-site pedestrian connectivity, water supply, sewage disposal and other utility systems.
F. Evidence of how the developer’s proposed land uses and overall project proposal meet existing and projected community requirements set forth in the Middleburg Heights Comprehensive Master Plan and any other applicable City planning document.
G. General statement as to how common active and passive open space shall be utilized, owned and maintained;
H. If the development is to be staged (in development phases), a general indication of how the construction phasing shall proceed. Whether or not the development is proposed to be phased, the concept plan shall show the intended total project.
I. The concept plan contents shall indicate the project design team members including but not limited to the project civil engineer, traffic engineer, landscape architect, and surveyor.
J. The applicant may request that a concurrent preliminary plat and final plat review be conducted as a part of this PMU review procedure. The applicant shall formally request a concurrent subdivision plat review in writing and such request shall be included with the Stage I submittal materials.
(2) Building Commissioner action.
A. The Building Commissioner shall verify if the applicant has submitted a completed concept plan submission along with the application form and fee paid in full. The applicant must meet all the submission requirements before formally meeting with the City under this Stage 1 review. The applicant may meet with the City to discuss the project prior to formally submitting a PMU application.
B. Upon submitting a completed application and concept plan, the applicant shall meet with the designated City Staff to discuss the plan details. The meeting may also include one, or more, representatives of the Planning Commission and City Council.
C. No approval or denial is provided during this concept plan review stage. However, the applicant may not proceed to the Stage 2 Preliminary PMU Development Plan before meeting all the submission requirements and meeting with the City as set forth under this section.
(3) Stage 2: preliminary PMU development plan review.
A. Preliminary PMU development plan contents. The applicant shall submit twelve copies of the completed preliminary PMU development plan, along with all required documentation and data, to the Planning Commission. The preliminary PMU development plan submission shall include the following:
1. All applicable items as set forth in Section 1147.02(c) of this Zoning Code.
2. City Staff shall prepare a first draft of the PMU development agreement and submit the document to the Planning Commission to be reviewed and considered during the required public hearing.
3. In the event the preliminary PMU development plan includes the subdivision of land, any plan sheet, map, plat or other data required for compliance with the provisions of the Middleburg Heights Subdivision Regulations shall be submitted and incorporated into this preliminary plan.
B. Planning Commission action.
1. Within sixty days of the receipt of a completed application for preliminary PMU development plan approval, the Planning Commission shall act on it by holding a public hearing pursuant to the procedure set forth in Section 1123.03(f).
2. After a public hearing has been held, the Planning Commission shall issue a formal recommendation to the City Council regarding the preliminary PMU development plan.
3. The Planning Commission shall issue one of the following recommendations to City Council: recommend approval, recommend approval with conditions and/or edits or recommend denial.
C. City Council action.
1. Within sixty days of the issuance of the Planning Commission recommendation, the City Council shall act on the preliminary PMU development plan application by holding a public hearing pursuant to the procedure set forth in Section 1123.03(g).
2. Following the public hearing, City Council shall either approve, disapprove or modify the preliminary PMU development plan in conformity with regulations, standards, criteria and purpose prescribed by this Zoning Code.
3. The draft PMU development agreement shall also be made a part of the review and consideration of the Stage 2 plan submission items. The PMU development agreement must be fully executed by both the City and the applicant prior to the applicant making submission of the Stage 3 final PMU development plan.
4. City Council may affirm the recommendation of the Planning Commission or disapprove a favorable recommendation of the Planning Commission by a majority vote of Council members in attendance at the time of voting.
(4) Factors for consideration of the preliminary PMU development plan. The Planning Commission and City Council review of a preliminary PMU development plan shall include, but is not limited, to the following considerations:
A. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
B. Adequacy and arrangement of pedestrian traffic access and circulation including: separation of pedestrian from vehicular traffic and pedestrian convenience.
C. Location, arrangement, appearance and sufficiency of off-street parking and loading.
D. Location, arrangement, size and placement of the lot layout, buildings and lighting.
E. Arrangement of landscape features.
F. Adequacy of storm water and sanitary waste disposal facilities.
G. Adequacy of structures, roadways in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
H. The Planning Commission and City Council may also require such additional information be provided and attach conditions that appear necessary for the public health, safety and general welfare.
I. Conformance the site design guidelines and architectural design guidelines set forth in this chapter and creating an overall development which has higher aesthetic and functional standards compared to non-PMU projects.
(5) Request for changes to an approved preliminary PMU development plan. See Section 1137.08
(d)(8) for the procedure for requesting changes to an approved preliminary PMU plan.
(6) Stage 3: final PMU development plan approval.
A. The applicant may submit a Stage 3 final PMU development plan of the project area to be developed in either a single phase or in multiple phases over time. The applicant shall submit twelve copies of the completed final PMU development plan, along with all required documentation and data, to the Planning Commission. The final PMU development plan submission shall include, at a minimum, the following items:
1. All applicable items as set forth in Section 1147.03(b) of this Zoning Code.
2. In the event the final PMU development plan includes the subdivision of land, any plan sheet, map, plat or other data required for compliance with the provisions of the Middleburg Heights Subdivision Regulations shall be submitted and incorporated into this final plan.
B. The final detailed development plan shall conform to the approved preliminary PMU development plan. The final plan shall incorporate any revisions or conditions placed on it by City Council during the Stage 2 review.
(7) Planning Commission action.
A. Within sixty days of receipt of the application for final PMU development plan approval, the Planning Commission shall consider the final plan at a regular Planning Commission meeting without the requirement of holding a public hearing.
B. The Planning Commission shall consider the final plan and may approve the plan if the following criteria are satisfied:
1. The final plan of development area is in accordance with and represents a detailed extension of the approved Stage 2 preliminary PMU development plan, heretofore approved by Council.
2. The final plan of development area complies with all of the conditions and adjustments which may have been imposed in the approval of the concept plan and preliminary plan.
3. The final plan of development area is in accordance with the applicable design criteria and provisions of this Zoning Code.
4. All agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed and recorded, as required.
5. Any development pursuant to a previously approved final PMU development plan is in accordance with that plan and the approved concept plan.
6. If the subdivision of land was included as part of the approved plan, the provisions of the Middleburg Heights Subdivision Regulations have been fully satisfied.
7. All application and other required fee payments have been made.
8. The design, density and land uses are consistent with the Middleburg Heights Master Plan and any other land use plans adopted by the Planning Commission or City Council.
(8) Preliminary and final PMU development plan changes. In order to preserve the flexibility which is fundamental to a comprehensively planned development, preliminary and final PMU development plan changes are permitted subject to the standards and procedure set forth in this section.
A. Minor plan change. The Building Commissioner may approve changes to a preliminary or final PMU plan when it is determined that the proposed change is minor in nature and the overall intent of the Zoning Code is achieved. The Building Commissioner may refer any requested plan change to the Planning Commission for their consideration and determination to approve or deny the request.
B. Major plan change. If the Building Commissioner determines the proposed change represents a significant modification to an approved preliminary or final PMU plan, the applicant shall follow the procedure set forth for reviewing and considering a preliminary and final PMU plan provided for in this chapter. No Stage 1 concept plan shall be required, but all requirements of the Stage 2 preliminary plan and Stage 3 final plan shall be satisfied. Common examples of significant plan changes include but are not limited to change in lot lines, development area or densities, internal roadway or driveway alignment or change in land uses that would substantially increase the vehicle trips to the site.
(e) Required Public Improvements. No building permits shall be issued for construction within a planned mixed use development until all required public improvements are installed or performance bond posted in accordance with the same procedures as provided for by the City Engineer. Other such requirements may also be established from time to time by the City Engineer.
(f) Expiration and Extension of Final PMU Development Plan Approval Period.
(1) The approval of a final PMU development plan shall be for a period not to exceed two years to allow for preparation and recording of required plats and the development of the project.
(2) If construction of at least twenty-five percent (25%) of the total cost of the project or at least twenty-five percent (25%) of the construction cost for the first phase of a project has not been completed within two years after final development plan approval is granted by the Planning Commission, the approved final development plan shall be void, and the land shall revert to the district regulations in which it is located.
(3) An extension of the time limit or modification of the approved final development plan may be approved if the Planning Commission finds that such extension or modification is not in conflict with the public interest and satisfies the intent of the original approval.
(g) Planned Mixed Use Development Agreement.
(1) The Building Commissioner shall provide the Planning Commission with a draft of the development agreement with the preliminary PMU development plan submission. The development agreement shall provide for various development related provisions, including, but not limited to:
A. Administrative waivers as mutually negotiated between the City and the applicant.
B. Operational details of the proposed land uses for the site.
C. Site inspection details and procedure.
D. Project construction phasing details.
E. Off-site infrastructure improvements required to be installed by the applicant.
(2) Development agreement procedure.
A. The PMU development agreement shall ultimately be approved or denied as part of the preliminary development plan review with City Council.
B. Full execution of the agreement by the applicant and the City shall be required as a condition of approval for the preliminary development plan by City Council.
C. The applicant shall be responsible for recording the PMU development agreement document, along with any attachments, at applicant’s expense with the Cuyahoga County Recorder’s office prior to making the Stage 3 final PMU development plan submission to the Planning Commission.
(h) Planned Mixed Use District Waiver. The waiver review process provides a mechanism by which the regulations of the Planned Mixed Use District and applicable standards located in other Zoning Code chapters may be modified if the development proposal modification is determined to be necessary and meets the intended purposes of this chapter and any supporting planning documents.
(1) PMU waiver eligibility.
A. Planned Mixed Use District waivers are modest changes to design and development standards that are vital to the proposed development and determined to meet the goals and intent of the Planned Mixed Use District and achieve substantial, though not complete, compliance with the standards set forth in this chapter. Waivers shall not compromise the project’s ability to meet the goals and intent of this district. Waivers shall be approved by City Council as part of the preliminary development plan review and consideration.
B. Each waiver shall be considered on a case by case basis, and a waiver shall not apply to a project other than the project for which it was sought. If a project is not completed for which a waiver was granted, the waiver(s) becomes null and void. Any costs incurred as a result of a granted waiver are the sole responsibility of the applicant.
(2) PMU waiver request requirements. A waiver request shall be submitted in writing and be included with the other required application requirements for consideration of a preliminary development plan. This request shall articulate specifically how the waiver request meets the goals and intent of the district as stated in this chapter along with any applicable planning documents and what circumstances or conditions exist such that a waiver is being requested.
(3) PMU waiver standard of review. City Council may approve a waiver of the general development requirements for lighting, parking, signage, access, landscaping and bufferyards, height, lot size and development density, or additional development and design requirements only upon finding that:
A. The proposed development represents an innovative use of site design, site access, circulation, building design, orientation, landscaping or building materials which will enhance the area.
B. The proposed development will not be injurious to the public health, safety, or general welfare of the City.
C. The strict application of the general development requirements will result in a development which is undesirable when compared with the proposed development.
D. The proposed development is consistent with and compatible with other development located in the area.
E. The proposed development is consistent with the suggestions of the City Comprehensive Master Plan and any other applicable planning documents.
F. Parking reductions standard of review. Parking reductions from the standards of Chapter 1149
may be permitted during the preliminary development plan review and shall take into consideration the following additional factors:
1. The combination of land uses that result in varying peak parking demands.
2. Availability of on-street parking adjacent to the site or within walking distance of the project site.
3. Proximity to available off-site parking within walking distance of the project site.
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)