(a) Purpose.
(1) The R-PUD District is established to permit a variety of dwelling unit types and provide greater design flexibility and housing diversity within an area than would normally be developed through conventional zoning districts. To achieve the intent of this District, the regulations permit departure from strict application of standard provisions such as lot areas, yard requirements and building spacing to encourage a more wholly designed and unified development, a more flexible arrangement of buildings in relationship to open space and preservation and effective utilization of existing natural features.
(2) In return for more flexible design standards and development opportunities, the developer submits to a more detailed review of plans prior to issuance of a zoning certificate to assure appropriate development of the designated area and to assure compatibility with the surrounding land uses and environmental amenities.
(3) The gross development density is established to provide sufficient incentive to encourage unified development and preservation of natural features.
(Ord. 85-107. Passed 3-4-85.)
(Ord. 85-107. Passed 3-4-85.)
(b) Uses Permitted.
(1) Principal Uses.
A. Single-family and two-family dwellings.
B. Townhouses.
C. Multiple-family dwellings.
1. Multiple family dwellings are restricted to a 25% maximum of all dwelling units proposed for the PUD. The remaining 75% of the units may be in any combination of permitted uses as listed herein.
2. Where a proposed PUD contains multiple-family dwelling units, and where the total number of units in the proposed PUD does not exceed 50 units, the Planning Commission, in its discretion and for good cause shown, may modify the foregoing 25% restriction if the total number of dwelling units proposed for the PUD, including multiple- family dwelling units, does not exceed the total number of single-family dwelling units otherwise allowable for the PUD.
(Ord. 02-163. Passed 1-2-03.)
(Ord. 02-163. Passed 1-2-03.)
(2) Conditional Uses. The Planning Commission may approve an application for a conditional zoning certificate for any of the uses herein subject to the requirements of Chapter 1135 - Conditional Uses. (Ord. 08-118. Passed 9-4-08.)
A. Public and parochial schools.
B. Church and other buildings for the purpose of religious worship.
C. Quasi-public, institutionally or organizationally owned and/or operational recreational, instructional and meeting facilities such as those developed by the YMCA, YWCA, Boy Scouts or various fraternal and community groups.
D. Publicly or privately owned and/or operated outdoor recreational facilities generally used intensively, including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies and country clubs.
E. Public utility services and pertinent structures including utility substations and transformers, but excluding office buildings and storage and distribution facilities.
F. Institutions for human medical care, hospitals, sanitariums, convalescent homes, nursing homes, child day care centers, homes for the aged and philanthropic institutions.
G. Home occupations.
H. Oil, gas and brine wells, drilling and operations necessary for their extraction, storage and skimming, subject to Chapter 1161, Oil and Gas Well Regulations.
I. Community-based residential social service facilities (Category C and D).
(Ord. 85-107. Passed 3-4-85.)
(Ord. 85-107. Passed 3-4-85.)
J. Manufactured Housing - Two-family home which conforms to Section 1135.03(c)(5).
(Ord. 87-124. Passed 7-20-87.)
(Ord. 87-124. Passed 7-20-87.)
(3) Special Use Permits for Senior Residential Uses. The Planning Commission may approve an application for a Special Permit authorizing a Senior Residential Use if, in its discretion, the Planning Commission finds that all of the following requirements are met:
A. Occupancy Restriction. Occupancy of the structures for which the Special Use Permits for Senior Residential Use are granted shall be limited as follows:
1. Special Use Permits shall be issued only after being authorized by the Planning Commission for a specified Senior Residential Use District (the "Special Permit District") located within the R-PUD Zoning District, as defined by the Planning Commission.
2. Occupancy in the Special Permit district shall be limited to persons who are at least 55 years of age, except for a spouse under 55 years of age who is married to a resident over that age.
3. Where an independent living unit is occupied by more than one person, the majority of said residents shall be senior citizens.
4. Prior to an occupancy permit being issued for any unit, the owner of the unit shall submit sufficient documentation to satisfy the Zoning Inspector that occupancy will be restricted to senior citizens as required in this section of the Codified Ordinances.
B. Uses Permitted. The uses permitted within the Special Use District shall be limited to one or more of the following:
1. Single family senior independent living units.
2. Single family duplex or triplex senior independent living units.
3. Multi-person senior residences including independent and/or assisted senior living units.
C. Accessory Uses Permitted. The Planning Commission may approve the following accessory uses if they are ancillary to existing uses within the Special Use District:
1. Automobile garages;
2. "Clubhouse" facilities, including meeting and/or social rooms or areas; food pantries and coffee shops for the use of the residents, staff and guests.
D. Land Area Required for the Special Use Permit. The land area utilized for the Special Use District shall be a minimum of two (2.0) acres and a maximum of eight (8.0) acres.
E. Density. The maximum density of the residential units in the Special Use District shall be determined by the Planning Commission in its discretion as part of the Special Use Permit review and site plan review processes. In no event shall the maximum residential unit density in the Special Use District area exceed six (6) units per acre.
(Ord. 21-114. Passed 7-13-23.)
(4) Accessory Uses.
A. Accessory buildings incidental to principal uses including parking garages and storage buildings for maintenance equipment.
B. Community facilities in support of principal residential uses, in the Planned Unit Residential Development, and which are designed and operated primarily for the use and enjoyment of the residents of the development. The appropriateness of the proposed facilities as accessory uses shall be determined by the Planning and Zoning Commission, during review of a preliminary development plan. Accessory community facilities may include:
1. Open space areas.
2. Indoor/outdoor recreational facilities including tennis courts, swimming pools, community buildings, including day care centers and game and party rooms.
3. Rental office.
4. Model homes.
C. Walls, fences and similar landscape features.
(Ord. 85-107. Passed 3-4-85; Ord. 21-114. Passed 7-13-23.)
(c) Minimum Project Area Requirements and Maximum Density. The minimum lot area for a planned unit residential development shall be not less than twenty acres and the average number of dwelling units shall not exceed four units per acre. The minimum planned unit residential development lot area shall not apply to properties which, for the purposes of the development at issue, have been rezoned from R-3 to R-PUD.
(Ord. 95-140. Passed 12-7-95; Ord. 96-105. Passed 3-8-96.)
(d) Yard and Lot Regulations other than those developed pursuant to Section 1153.09 (e). No building and spacing standards are specifically required for either family, townhouses or apartment buildings. Site plan and appropriate building layouts shall be developed in accordance with the objectives of this chapter and according to Chapter 1157
, Off-Street Loading and Parking Requirements and Chapter 1159
, Additional Zoning Standards and shall be established during review of the final development plan.
(e) Open Space Requirements.
(1) A minimum of twenty percent (20%) of the land in the Planned Unit Residential Development shall be permanently reserved as common open space. Of the required open space, a minimum of fifty percent (50%), (the equivalent of one acre per every ten acres of the proposed planned unit development) shall be of suitable size and shape to be available for and designed for active and passive recreational purposes.
(2) Prior to the approval of the final development plan for the Planned Unit Residential Development pursuant to Section 1153.09, Site Plan Review and Approval, (2) Final Development Plan, reservation of the minimum required open space shall be assured through legally enforceable restrictions prepared by the Village Solicitor and submitted to and approved by the Planning Commission.
(f) Building Height. Any building or structure for a permitted principal use, a conditional use or accessory use, may not exceed thirty-five (35) feet in height.
(g) General Site Development Criteria. In addition to the applicable planning criteria set forth in this Zoning Ordinance, the planning and design of planned unit residential development areas shall take into account the following factors:
(1) Topography and Natural Features.
A. Site planning shall be designed to take advantage of the topography of the land in order to utilize the natural contours, and to minimize destruction of trees and topsoil. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create variations in the arrangements of buildings, open spaces and site features. A program for preserving and quickly recreating an attractive landscape environment shall be part of any development.
B. All development and common open space shall be landscaped according to an overall plan, utilizing evergreen type whenever possible.
C. Plantings, walls, fencing and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile sight distances. Natural wooded areas shall be preserved to the greatest extent possible.
(2) Grading. Except where unavoidable, grading for building site preparation, street, sidewalk and utilities construction shall be limited.
(3) Development layout. Dwelling units shall be grouped or clustered so as to break up the development arrangement, maximize privacy, collect and maximize the common open space and promote the individual character and coordinated layout of each lot, cluster and grouping. Streets and cul- de-sacs shall be laid out so as to utilize natural contours and discourage through and high traffic, except on collector or arterial streets. Utilities shall be placed underground. Street lighting shall be provided.
(4) The following regulations shall apply to all multi-family units within a residential planned unit development, including condominiums and townhouses.
A. No attached or semi-attached units considered as one building shall contain more than twelve units.
B. Each unit shall contain the following minimum floor area:
Number of Bedrooms Minimum Floor Area (Sq. Ft.) Efficiency 400 One 550 Two 650 Three or more 720 |
(5) Circulation.
A. The vehicular circulation system and parking facilities should be designed to fully accommodate the automobile with safety and efficiency without permitting it to dominate and destroy the form of the area. Driveways for group developments and local streets should be placed at locations where the traffic can be controlled and operated effectively with the minimum interference to the capacity and flow on the existing streets.
B. The pedestrian circulation shall be designed through an interconnecting walkway system to promote easy and direct barrier free access to all areas of the development.
C. Whenever possible, the vehicular and pedestrian circulation patterns shall be completely separate and independent from one another.
D. Street and sidewalk alignments, and the alignments for any utilities shall be parallel to contours, in valleys or on ridges where possible, in common open areas and as permitted by the Planning Commission in areas served by private drives or cul-de- sac streets.
(6) Solid waste storage and disposal. All solid waste and rubbish and garbage shall be stored in wholly screened or fenced storage areas acceptable to and regulated by the Village.
(h) Site Plan Review and Approval.
(1) In addition to conforming to the standards of Chapter 1157, Off-Street Loading and Parking Requirements and Chapter 1159, Additional Zoning Standards, an application for a planned unit residential development shall be reviewed in conformance to the provisions of this section prior to the issuance of a zoning certificate. Nothing in this section shall be interpreted as nullifying or superseding the subdivision platting requirements as defined in Ohio R.C. 711.09 and as further defined, administered and regulated in the subdivision regulations of the Village of Middlefield.
(2) Planned unit development zoning districts and development plans shall be approved in accordance with the following procedures:
A. Pre-application meeting. The developer shall meet with the Zoning Inspector and the Planning Commission prior to the submission of the preliminary development plan. The purpose of the meeting is to discuss, early and informally, the purpose and effect of this ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, the Subdivision Regulations, and the drainage, sewer and water systems of the Village.
B. Preliminary Plan. A developer shall submit to the Planning Commission a preliminary development application for the total area of the tract to be developed by filing six (6) copies thereof with the Chairman at a regular meeting of the Commission. At a minimum, the application shall contain the following information.
1. Name, address and phone number of applicant.
2. Name, address and phone number of registered surveyor, registered engineer or planner assisting in the preparation of the preliminary development plan.
3. Description of existing use.
4. Adjacent Zoning District(s); north arrow; date; tract; lot or section number.
5. A vicinity map at a scale of at least 1” = 1000' showing the site and its interrelationship with the community. This map shall identify the name and location or distance in miles to the following facilities servicing the site:
a. Elementary and secondary schools
b. Fire station
c. Police station
d. Arterial and limited access highways
e. Recreational area(s)
f. Shopping area(s)
g. Industrial area(s)
h. Churches and public buildings
6. A preliminary development plan of the entire tract containing the following:
a. Name of development which shall not duplicate others in the County. Existing topography at two foot contour intervals of the proposed development area and extending at least 300 feet outside of the proposed site; existing and proposed property lines, easements, street right of way, with dimensions, bearings and all curve data including, radii, arcs, chords, chord bearings, delta and tangents; yard distances and building heights; existing structures; trees and landscaping features existing thereon; a certificate by a registered surveyor of the gross and net area of the development area in acres and square feet; prepared to a scale of 200 feet per inch.
b. The proposed vehicular and pedestrian traffic patterns, including the proposed location, dimensions and design of public and private streets; the directional flow, size and location of existing and proposed storm and sanitary sewers; the location and size of existing and proposed water mains; the location and design of parking and service areas, including the assignment of traffic to proposed entrances and exits; street lighting and waste disposal facilities.
c. The proposed location of all structures identified by type, use and density.
d. The proposed assignment of use, density, and subdivision of all land with sublot numbers, bearings and dimensions including public, private and common open space with a certificate of a registered surveyor of the gross and net area of each use of the development area in acres and square feet.
e. The location of all structures in the development area to be retained, all structures to be removed and all structures lying outside of the boundaries of the development area, located within at least 300 feet thereof, or more, depending on special or unusual conditions.
f. Preliminary plans of all structural types other than one-family detached dwellings to be included in the development area and such other information as the developer may submit to explain his purpose, appearance, materials and type of construction.
g. A schedule for construction and cost estimates for the development, including all public and private improvements in the development area.
h. Preliminary drawings showing the proposed landscape treatment, including the proposed grading plan and soils map based on data maintained by the Ohio Department of Natural Resources, Division of Lands and Soil and/or developed through test boring of the site and reports submitted by a soils engineer.
i. Deed restrictions, protective covenents and other legal statements or devices to be used to control the use, development and maintenance of the Land and the improvements thereon, including those areas which are to be commonly owned and maintained.
7. A population impact evaluation which shall be summarized in text, with an analysis relating to the development proposal(s) and shall include:
Projected total population.
Projected population of each development section.
Age group estimates (0-4, 5-13, 14-18, 19-35, 36-50, 51-65, and 65+).
Projected populations by dwelling unit type.
Family projections by age (head of household, wife of head, children under 18).
8. A market report which shall contain an analysis indicating the project marketability of the development in regard to effective demand specifically relating to the site to the Village. Any public and/or subsidized housing shall be identified to include an explanation of the assistance program and the number of units affected.
9. A traffic impact evaluation which shall be summarized in text with an analysis relating to the development proposal:
a. The projected number of motor vehicular trips to enter or depart the site shall be estimated for an average day and peak hours; and
b. The projected traffic flow pattern shall be described and related to a road and parking map including vehicular movements at all major existing and proposed intersections; and
c. The impact of this traffic upon existing streets shall be evaluated in relation to road capacities using both current and redesign criteria; and
d. The report shall contain an analysis of the proposed improvements to all roads specifying right-of-way and driveway widths, and an explanation of typical road construction showing base and subbase. The clear sight triangle dimensions of all major intersections shall be specified.
10. A utilities impact evaluation which shows the probable impact from utility needs shall be determined and shall include:
a. Existing capacity of sewage treatment facilities; and
b. The estimated impact of water demands upon existing service facilities shall be evaluated with the estimated daily and peak hour volume demand; and
c. The report shall contain an analysis of provisions for gas, electricity, telephone, mail service and refuse storage and collection. Construction processes shall be specified to include common trenches where feasible.
11. A drainage impact evaluation which shows the probable impact resulting from the flow of storm water shall be determined, including:
a. The projected maximum volumes at the collection point from each drainage system shall be calculated on the basis of a twenty-five year storm; and
b. The estimated impact of storm water upon existing service facilities shall be evaluated in relation to existing storm water capacities; and
c. An evaluation of the flushing action of flows on any pipe to be utilized in the drainage system to assure the flushing of discharged materials; and
d. An evaluation of the quality of storm water to be discharged into any pipe through the storm drainage system detailing how this discharge shall not lower the quality of the water in the system; and
e. The report shall contain an analysis of all improvements including off-site conditions to facilitate the flow of storm water. Construction processes shall be specified for systems.
C. Referral of preliminary plan for review and reports. The preliminary Plan copies shall be submitted to the Zoning Inspector for recording and referral review. Within ten (10) days of the submission of the preliminary development plan of the total area, the Secretary of the Planning Commission shall transmit a copy of the plan along with all covenants or restrictions to the Village Solicitor. The Village Solicitor and Engineer shall each, within thirty days from receiving a preliminary plan of the development area, provide and furnish to the Planning Commission his report upon his respective jurisdiction.
D. Planning Commission Review. The Secretary of the Planning Commission shall cause the preliminary application to be placed on the agenda for the next Commission meeting following the thirty day engineer and solicitor review period. The Commission shall have a maximum of sixty days in which to review the application and to either approve the application, disapprove the application, or inform the applicant of modifications necessary to bring the application into conformance with all applicable requirements. If in a report approving a preliminary plan, with or without recommendation of modification and notwithstanding any other provisions of this section, the Planning Commission finds that any regulations, standards or criteria prescribed by this section or other ordinances or regulations of the Village are inappropriate or inapplicable because of unusual conditions, including topography of the development area or the imaginative character of the design proposed in the preliminary plans, and that a variance in such regulations, standards or criteria shall promote the public health, safety and general welfare of the Village, the Planning Commission may recommend that such variance be considered by the appropriate body having jurisdiction.
E. Council Action. Within ten days of the date of the action by the Planning Commission the recommendation of the Commission together with two copies of the preliminary plan as reviewed by the Commission shall be filed with the Fiscal Officer for review by Council at its next scheduled meeting. The Council shall have forty-five days to review and to consider whether the Planning Commission recommendations should be approved, conditionally approved, or disapproved.
F. Notice; Authorization to Proceed. Within five days after the action by Council, the Fiscal Officer shall notify the developer of such action by certified mail; and if approved, shall authorize him to proceed with the preparation of the final plan in accordance with the procedures and criteria set forth in this section and any special conditions under which the preliminary plan was approved. The Fiscal Officer shall at the same time transmit to the Chairman of the Planning Commission one copy of the preliminary plan along with a report of the action of the Council. If the Council does not approve the application, the preliminary plan is determined to be disapproved. The developer may then submit a modified preliminary plan through the procedure established by this Section.
G. Final plan of development area; filing dates. The developer of any parcel or parcels of land for which a preliminary plan has been approved by Council shall submit a final plan of the development area to the Planning Commission within ninety days from the date on which Council approved the preliminary plan, unless such time period is, for good cause, extended by the Planning Commission. In no event shall the Planning Commission permit an extension of time for the submission of the final development plan beyond one year from the date on which the Council approved the preliminary plan. Failure on the part of the developer to submit the final development plan of the are within the time period allowed herein shall revoke and render the approval of the preliminary plan void and of no effect.
H. Submission of Final Plan. A developer shall submit to the Planning Commission a final development plan application of the tract to be developed by filing six (6) copies thereof with the Zoning Inspector. At a minimum, the application shall contain the following information:
1. Each application shall be signed by the owner attesting to the truth and exactness of all information supplied on the application for the final development plan.
2. Name, address and phone number of applicant.
3. Name, address and phone number of the registered surveyor, registered engineer or planner assisting in the preparation of the final development plan.
4. Description of existing use.
5. Zoning district(s), north arrow, date, tract, lot or section number.
6. A vicinity map at a scale of at least 1"= 1000' showing the site and its interrelationship with the community. This map shall identify the name and location or distance in miles to the following facilities servicing the site:
1. Elementary and secondary schools.
2. Fire station.
3. Police station.
4. Arterial and limited access highways.
5. Recreational area(s).
6. Shopping area(s)
7. Industrial area(s)
8. Churches and public buildings.
7. A survey of the proposed development site, showing the dimensions and bearings of the property lines and right of ways, and easements to the nearest one hundredth of a foot with all curve data including radii, arcs, chords, chord bearings, tangents and deltas to the nearest second and area in acres, to the third decimal point.
8. All information required on the preliminary plan, the number, location, dimensions to the nearest one hundredth of a foot; and sizes of lots to the third decimal point; open spaces; location and proposed density of dwelling units; and nonresidential buildings intensity.
9. Site plan, showing building(s), various functional use areas, circulation, and their relationship.
l0. Landscaping plans and erosion and sedimentation control plans showing all site features and finished grading for public and private lands within the developed area.
11. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained.
12. Financial capability in which the developer shall submit evidence of his present financial position to include existing or proposed credit sources for land acquisition construction and permanent financing. No plan shall be approved unless it can be shown that the developer possesses or has the ability to acquire sufficient funds for the development of the site.
13. Estimated project cost including estimates for all public and private improvements.
14. A title search of the area to be developed.
I. Action on final plan. Within thirty days after submission of the final plan of the development area to it, the Planning Commission shall make its recommendation to Council disapproving the plan or approving the plan, together with any recommended modifications or conditions which it determines should be made on or to said plan or on the development.
J. Required findings prior to recommending approval of development plan. Prior to the Planning Commission making a recommendation to Council approving the final plan of the development area, it shall find all of the following to exist:
1. That the proposed final plan of a development area is in substantial accordance with and represents a detailed expansion of the preliminary plan heretofore approved by Council.
2. That it complies with all of the conditions which may have been imposed in the approval and such preliminary plan.
3. That it is in accordance with the design criteria and provisions of this section which apply particularly to any plan of a planned unit development area.
4. That all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed.
5. That all sureties are provided and all payments made.
K. Action by Council upon Planning Commission Recommendation. The recommendation of the Planning Commission concerning the final plan of the development area shall together with two copies of the final plan, as reviewed by the Commission, be submitted to Council. The Council shall within thirty days approve, conditionally approve or disapprove the final development plan.
Within five days after the action by Council, the Fiscal Officer shall notify the developer of such action by certified mail; and if approved, shall authorize him to proceed with the development area in accordance with the procedures and criteria set forth in this section and any special conditions under which this authorization to proceed was granted. The Fiscal Officer shall at the same time transmit to the Chairman of the Planning Commission one copy of the final development plan along with a report of the action of Council.
L. Progressive Development. The Planning Commission and/or Council may allow a developer to accomplish the development of the planned unit development district in progressive stages. When the final plan of the development area provides for partial development of the total area for which a preliminary plan has been approved, the Planning Commission may require detailed plans for all improvements in the development area to permit evaluation of the development of the entire parcel before development in progressive stages may be approved.
M. Amendments. At any time after approval of a preliminary development plan or a final development plan of a development area, the owner or owners may request an amendment of their plans, the request of such amendment shall be filed with the Planning Commission and one copy filed with the Fiscal Officer. If the amendment is in substantial agreement with the approval of the preliminary plan or final plan of a development area, it shall be processed by the Planning Commission. Should the amendment represent a departure from the intent of a prior approval, the amendment shall then be subject to the same procedure and conditions of approval as the original application.
N. Enforcement of Development Schedule.
1. The Zoning Inspector shall periodically review all the permits issued for the planned unit development, examine all the construction that has taken place within the development area and compare actual development with the approved development area schedule. If the Zoning Inspector finds that the owner or developer of property in the planned unit development district has failed to meet the approved development schedule, or that the rate at which common open space is being constructed or reserved as provided, he shall forward this information to the Planning Commission. In such case, the developer shall be informed in writing of the Zoning Inspector's finding and, if the violation seems to be flagrant, continuous and potentially damaging, the developer shall be ordered to cease and desist until a review has been completed as set forth herein.
2. The Planning Commission shall within thirty days conduct a hearing giving fifteen days notice previously thereto, to the owner or developer for the purpose of determining whether or not the limits of the development schedule should be extended for a reasonable time. After making a determination as set forth herein, the Planning Commission shall forward such determination to Council.
3. Council may affirm, reverse or modify the determination of the Planning Commission and shall communicate its decision to the Planning Commission, and the owner or developer.
O. Failure to begin development. If no above-ground building construction has begun in the planned unit development district within the time stated in the development and construction schedule, the final development plan shall lapse upon written notice to the owner or developer from the Planning Commission and shall be of no further effect. For good cause shown, the Planning Commission may extend the time or times for the beginning of construction called for in the development or construction schedule, not to exceed one year from the dates set forth in such schedule. If a final development plan lapses under the provisions of this section, the plan becomes null and void and all permits shall be revoked.