(A) Intent.
(1) In accordance with § 151.005, Planned Unit Developments are encouraged. Because of the size and nature of PUD's, all PUD's are major subdivisions subject to the requirements of § 151.023 of the Mogadore Subdivision Code. With this chapter a Planned Use Development - Mixed District ("PUD-Mixed District") is established to encourage the comprehensive design and integrated development of large tracts of land suitable for a variety of mutually supportive commercial and residential uses. The general purposes of this PUD-Mixed District are served by the following basic principles:
(a) Comprehensive planning of large tracts promotes more harmonious suburban growth, providing opportunities for the integration of various types of development projects within clearly identifiable development centers.
(b) Comprehensive planning allows different types of land uses to be successfully integrated, provides functional convenience, and efficiencies in the provision of public services and infrastructure.
(c) Comprehensive planning and integrated design means higher densities of development can be accommodated without loss of environmental quality. The general benefits of density include greater productivity of land, more efficient utilization of transportation and utilities, more convenient access between different development types; the potential for higher development returns that can be channeled towards provision of higher level pedestrian and open space amenities; and a concentration within a limited area of the mass of people necessary to support various convenience services and functions.
(d) Comprehensive planning and integrated design of large tracts of land allows for more detailed definition and administration of architectural and landscape design controls that must be pre-approved by the village and carried throughout the development to foster the establishment of a "feel" or "look" inherent to each PUD-Mixed District.
(2) The advantages of comprehensively planned and designed mixed-use developments cannot be achieved by the standard application of existing zoning laws for individual type uses. The PUD-Mixed District, therefore, is a zoning classification providing for a variety of development types under special development standards that are only applicable to the uses in each pre-approved PUD-Mixed District.
(3) The Planning Commission shall act to protect and preserve the value appearance and use of property on which buildings are constructed or altered within the PUD-Mixed District, to maintain a high character of community development, to protect the public health, safety and convenience and welfare and to protect real estate within such district from impairment or destruction of value. Such purposes shall be accomplished by the Commission by reasonably regulating, within the district and in accordance with accepted and recognized architectural principals, the design, use of materials, finished grade lines, dimensions, orientations and location of all main and accessory buildings to be created, moved, altered, remodeled or repaired, subject to the provisions of all applicable zoning and building codes and other applicable ordinances of the village. In reviewing, regulating and approving building plans, the Commission shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose of achieving safe, harmonious and integrated development of related properties.
(B) Permitted uses. The land in a PUD-Mixed District shall contain at least 25 contiguous acres in the village. In the PUD-Mixed District, land shall be used and buildings shall be designed, constructed, installed, or altered according to the following:
(1) Class R-3 Multi-Family (except schools, cemeteries, commercial farming, prefabricated structures, boarding houses, mental health facilities, addiction treatment or addiction rehabilitation facilities and churches). Rental units shall not exceed 50% of the total residential floor space within the development. Basements shall not be included in floor space calculations.
(2) Central Business (except cars sales, car lot, library, places of worship). Parking garages or decks must have high level of architectural elements to allow the structure to fit in with the surrounding buildings (facades, faux windows etc.)
(3) Similar main uses to any of the above uses are permitted subject to the approval of the Planning Commission.
(4) Any accessory uses customarily incidental to any of the above uses are permitted on the same premises subject to the approval of the Planning Commission, which approval shall be confirmed by resolution of Council before becoming effective.
(C) Area, setback and size requirements. The following area, setback and yard requirements shall apply:
(1) Commercial or combined commercial/residential buildings and associated land use shall not exceed 40% of the total development area. The ground area occupied by the commercial building(s) shall not exceed 20% of the total area committed to commercial and combined commercial/residential uses within the PUD-Mixed District. The mixed-use development may be 100% residential.
(2) To provide a mixed use and to serve a variety of residential needs, the exclusively residential portion of the development shall occupy a minimum of 60% of the development land space and include a minimum of 10% large single-family units (2,400-3,500 s.f.), 20% medium single-family units (1,650 – 2,400 s.f.), and 20% small single-family units (1,300 – 1,650 s.f.). No more than 30% of the single-family residential units can be townhouses and/or residences with less than 1,400 square feet.
(3) In all instances where lot or boundary lines within the PUD-Mixed District abut an existing residentially zoned (or residentially occupied) property, side and rear yard setbacks shall be a minimum of 60 feet for nonresidential structures within the PUD and a minimum of 30 feet for parking or residential structures within the PUD.
(4) In addition to the above, a five foot tall landscape mound with a five foot wide flat top shall be provided along all pre-existing, abutting residential properties. Low maintenance ground cover or grass shall be planted to stabilize the mounds and suitable, low growing evergreens (or other pre-approved alternate) shall be planted across the top of the mound to create a thick screening between the properties. The slopes of the mound sides shall not exceed 3:1. There shall be a minimum of three feet from the toe of the mound to the property line or an existing residential fence. Mounds and the associated landscaping shall be installed within the first 14 days of beginning earthwork, excavation or utility installation and must be completed within two weeks of starting the mound construction.
(5) Garage doors shall be a minimum of 25 feet from any sidewalk or curb.
(6) Because of the variety and nature of possible mixed use of the land and structures, Planning Commission will rely on the Code as a guide for setback and yard requirements, but may approve designs and layouts with setbacks and yard requirements that will be specific to the development under review. Pedestrian friendly layouts that provide oversized walks, "outdoor" eating and pedestrian mall type amenities are preferred in the more commercial portions of the development.
(7) The entire tract of land for the proposed development should to the extent feasible be designed to achieve a reasonably consistent aesthetic appearance.
(8) Lots, setbacks and unit specifics.
(a) Large single-family units - 2,400-3,500 s.f.
1. Lot requirements:
a. Minimum of 0.30 acres per lot.
b. Minimum lot width of 65 feet at the building setback line, with an allowable maximum 25% deviation therefrom where the shape and dimensions of a given lot reasonably justify a deviation.
2. Yard requirements:
a. Minimum front yard setback is 40 feet from the nearest property line or right-of-way, but not less than 25 feet from a curb or walk where a drive is located.
b. Minimum side yard setback is ten feet from the nearest property line.
c. Minimum rear yard setback is 30 feet from the nearest property line. Twenty foot minimum rear setback from decks or patios.
(b) Medium single-family units - 1,650-2,400 s.f.
1. Lot requirements:
a. Minimum of 0.25 acres per lot.
b. Minimum lot width of 55 feet at the building setback line, with an allowable maximum 20% deviation therefrom where the shape and dimensions of a given lot reasonably justify a deviation.
2. Yard requirements:
a. Minimum front yard setback is 30 feet from the nearest property line or right-of-way, but not less than 25 feet from a curb or walk where a drive is located.
b. Minimum side yard setback is ten feet from the nearest property line.
c. Minimum rear yard setback is 30 feet from the nearest property line. Twenty foot minimum rear setback from decks or patios.
(c) Small single-family units - 1,300-1,650 s.f.
1. Lot requirements:
a. Minimum of 0.15 acres per lot.
b. Minimum lot width of 50 feet at the building setback line, with an allowable maximum 10% deviation therefrom where the shape and dimensions of a given lot reasonably justify a deviation.
2. Yard requirements:
a. Minimum front yard setback is 25 feet from the nearest property line or right-of-way, but not less than 25 feet from a curb or walk where a drive is located.
b. Minimum side yard setback is five feet from the nearest property line.
c. Minimum rear yard setback is 30 feet from the nearest property line. Twenty foot minimum rear setback from decks or patios.
(d) Townhouses and condominiums.
1. Unit requirements:
a. Maximum of 20 units per acre.
b. Maximum amount of connected units is eight units.
c. Minimum unit width of 25 feet.
d. Minimum of 1,000 square feet per unit.
2. Yard requirements:
a. For front-loaded units, the minimum front yard setback is 20 feet from the nearest property line or right-of-way, but not less than 25 feet from a curb or walk where a drive is located.
b. For rear-loaded unit, the minimum front yard setback is five feet from the right-of-way (or equivalent thereof) and five feet from the nearest utility easement.
c. Minimum distance is 25 feet between buildings.
d. Minimum rear yard setback is 30 feet from the nearest property line, 20 feet from deck or patio.
(e) Commercial or commercial /residential combined.
1. Unit requirements:
a. Minimum footprint of 10,000 square feet per building, maximum footprint of 40,000 square feet. Three stories maximum.
2. Utility/storage structure:
a. Utility/storage structures may be a maximum of 400 total square feet per structure with a maximum of one structure per commercial building.
b. Maximum height of any utility/storage structure is 12 feet.
c. Utility or storage structure architecture shall match the main building.
d. Special use structures that support the overall development that do not comply with the above may be approved by the Planning Commission and/or the Board of Zoning Appeals on a case by case basis.
3. Yard requirements:
a. Minimum of 20 feet with a ten foot landscape buffer between commercial section and residential section within PUD-Mixed District.
b. Minimum setback from an existing public ROW is 50 feet with a ten foot utility easement to the village.
c. Minimum setback from a proposed public or private ROW is 20 feet (25 feet to walk or curb if parking required).
d. Minimum distance between buildings is 30 feet.
(D) Off-street parking requirements. The following standards and requirements for the provision and development of off-street parking shall apply:
(1) Parking facilities in the PUD-Mixed District shall be planned and developed in such a manner so as not to interfere with the use and enjoyment of adjacent properties or with pedestrian and vehicular traffic on adjacent streets.
(2) Large and medium single-family units require a minimum of two garage parking spots and two driveway parking spots. Small single-family units require a minimum of one garage parking spot and one driveway parking spot. Garage parking for units smaller than 1,300 square feet is preferred; however, Planning Commission may approve alternative parking if market demands and proposed land use are determined to support the approval of alternative parking.
(3) Every structure shall be provided with adequate space for the loading and unloading of trucks and other vehicles serving proposed structure, provided, however, that the Board of Zoning Appeals may modify or waive this requirement where such space is not needed.
(4) All parking areas and driveways shall be concrete or approved asphalt with adequate drainage to prevent water from standing or draining across public walks or streets.
(5) Curbs or bumper guards shall be concrete, or material approved by the Village Engineer.
(6) Landscaped areas within a parking lot shall be developed as planted islands or landscaped areas to interrupt an expanse of pavement.
(7) Parking setback shall be as follows:
(a) In no event shall such parking setbacks be less than ten feet from the perimeter of a PUD-Mixed District.
(b) Parking shall be kept five feet from adjacent lots within a PUD.
(c) Parking shall be kept 30 feet from an existing, abutting residentially zoned or used property.
(8) Parking shall comply with § 152.024, and add one additional space per three residential units for guest parking in the area of the residentially occupied area.
(E) Design and performance standards.
(1) In general, the Planning Commission approval process shall comply with Chapter 151 except as modified by this section. The Planning Commission must approve the proposed build out plans of the entire property including set-backs, building heights, layout, usage, green-space, architecture and finishes, storm water detention, parking, lighting, fencing, landscaping, signage etc. The final detailed plans must be substantially consistent with the approved development concept approved by Planning Commission.
(2) Driveway curb cuts on any county or state road shall be located at least 300 feet apart (centerline to centerline) and at least 200 feet from a street intersection (centerline of cut to intersection of street right-of-way lines).
(3) A traffic impact study to determine the pre and post-development level of service and the need for a traffic signal or turn lane is required by the village. All traffic control shall be in compliance with the Ohio Manual of Uniform Traffic Control Devices (OMUTCD). Roadway geometry shall comply with ODOT standards. The cost of all such studies, the review of said studies and the construction of any required turn-lanes, signals etc. shall be borne by the developer.
(4) The safety and ease of access for delivery trucks, service, garbage, fire and emergency vehicles will be considered. Separate, discrete garbage storage and pick up locations will be favored.
(5) Street lighting is required. The developer is responsible for the design and installation of all street lighting upon the approval of the village and the electric company.
(6) All utilities to be underground.
(7) The developer is to coordinate with the Akron Water Department (Department of Public Utilities) regarding the availability of domestic and fire-fighting water. The design, review, approval and construction of all water system upgrades or extensions to serve the development shall be borne by the developer.
(8) The developer is to coordinate sanitary sewer system requirements and the need for supplemental sewer facilities with the Summit County Department of Sanitary Sewer Services (DSSS). The design, review, approval and construction of all sanitary system upgrades or extensions to serve the development shall be borne by the developer.
(9) Erosion/storm water management and riparian setback requirements shall comply with the requirements of the Mogadore Code.
(10) The developer shall note the existence of any flood plains or wetlands within the development property (whether initially developed or not) and comply with all regulations regarding flood plain development and wetland encroachment. Special flood zones, wetlands, etc. that cannot be habitable shall be permanent open space. For purposes of this division, a "flood zone" shall include only those areas that are designated as such in a Federal Emergency Management Agency ("FEMA") flood zone or flood plain map, then current at the time the development plan is submitted, and that are also subject to FEMA flood insurance requirements, and "wetlands" shall include those areas designated as such in the applicable environmental delineation report, but only to the extent so ratified in the corresponding confirmation letter issues by the Army Corps of Engineers. See Chapter 154.
(11) All storage, office space and production associated with permitted uses shall be contained wholly within an enclosed building. With respect to nonresidential areas, the Planning Commission shall require an accessory structure (enclosure) on the lot to contain waste material awaiting pick-up, the design to be approved by the Planning Commission. All equipment shall be used or stored within buildings or within an accessory structure as may be approved by the Planning Commission.
(12) All uses shall be regulated to comply with the following performance standards:
(a) Noxious, toxic or corrosive fumes or gases shall not be emitted which would be injurious or detrimental to persons, property or vegetation or to be discernible to the sense of smell.
(b) Glare or brightness caused by vehicles, operations or illumination of buildings shall be shielded to prevent a nuisance. Developer shall submit a photometric plan to the Village Engineer for review. Such plan shall be approved by the Village Engineer.
(13) Section 151.057 shall be replaced with: Utility easements shall be provided as required by the utility companies with rear or side lot easements having a minimum width of 20 feet. Easements parallel to and contiguous to the R/W shall be a minimum of six feet for a single utility and 12 feet for two utilities. Overall development plat, easement and utility maps shall be provided to all affected utilities to secure sign-off prior to the village approval of the improvement plans. Developers are encouraged to get utility input as soon as practical to facilitate the efficient resolution of space requirements and easement needs.
(14) A combined grading and storm water management plan shall be provided showing the lowest of the garage floor elevation and the first-floor elevation for each structure to demonstrate that grading and run-off requirements have been addressed. Due to the compact nature that often results from PUD projects, long runs of surface water are not acceptable. Areas of potential ponding shall be drained to address the reality of utility locations, fencing and landscaping that often impact surface drainage. Grading around structures shall provide six feet of fall over the first ten feet to promote drainage away from the structure. Window wells around structures shall have a drain connected to the underdrain.
(15) The sanitary sewer plan and profiles shall show the lowest floor of each structure in the profile and in plan to demonstrate adequate fall is available to access the proposed sanitary sewer.
(16) Typical roadways shall be 27 feet (back to back of curb). A geotechnical report is required to determine whether additional base or subgrade preparation is required. Localized areas of weak subgrade as evidenced by a proof-roll shall be repaired as directed. Cul-de-sacs shall have a paved diameter of 100 feet. Dead-end streets shall be no more than 600 feet long (500 feet to the cul-de-sac). Sidewalk shall be provided across the frontage of all lots and as needed to provide connectivity through and to the entire development and shall be four inches thick except at drive aprons (refer to village standards). All roof drains shall be connected with prefabricated connections to an eight inch smooth lined corrugated HDPE underdrain with pea-gravel backfill located with 24 inches cover behind the curb. Roof drain connections require a four inch tee and cap behind the walk. Caps to include metal insert to allow metal detection location in the future. Curb shall be straight, six inches tall curb. No more than 6,000 square feet of roof per section of eight inches underdrain. Drainage inlets shall be EJIW 7030 or Neenah R-3295. See village standard drawings for required construction details.
(17) The design and construction standards of all private streets, driveways and parking areas are to be provided by the village.
(18) Hydrants shall match the village standards and include a five inch Storz connection.
(19) All basements are to be 12-courses tall and include a sump pump/foundation drain system.
(F) Landscaping, common open space, and architectural design.
(1) Developments in a PUD-Mixed District shall include a permanent open space equivalent of a minimum of 10% of the total site area. This 10% area does not include private property or space used for open parking lots, detention basins, driveways or land covered by buildings, streets and sidewalks.
(2) Subject to landscape plans deemed necessary and appropriate by the Planning Commission, areas bordering buildings shall be planted with ground cover, trees, shrubs, hedges or other landscaping to maintain a park-like effect. Parking setback and other undeveloped areas of the development shall be graded, seeded and maintained as a lawn or wooded area in an orderly natural state and shall be included in the landscape plans. All such landscape plans approved by the Planning Commission are subject to approval by Council.
(3) Landscaping, driveways and other permitted uses shall at all times be maintained in an orderly, neat, clean, sanitary and structurally sound condition and all buildings, driveways or other structures shall be repaired in order to maintain substantially their original appearance and condition to prevent blight and unsightliness. Lawns and other landscaping shall be maintained in accordance with acceptable landscaping principles and maintained in a neat and orderly fashion.
(4) Where a PUD-Mixed District or use is contiguous to or across the street from a residential zone or use, the Planning Commission may require special landscaping, buffering, mounding or fences as the Planning Commission finds necessary for appropriate separation, screening and protection.
(5) Development entrances shall include landscaped areas of a proportion to clearly define the entrance. All exterior landscaping adjacent to and within landscaped entryways shall include an irrigation plan and system.
(6) Commercial or combined commercial-residential structures.
(a) A minimum of 75% of the front façade shall be glass, brick or stone.
(b) If two sides of the building are highly visible or may be the side of approach, the secondary side must include a minimum of 45% glass, brick or stone.
(c) Large, blank walls are not acceptable. Strip plaza architecture is not permitted.
(d) Storefront style buildings with distinctly different upper floor uses are acceptable. Between the first-floor structural dividers, 40% of each storefront bay shall be glass. Storefronts shall vary to provide cohesive, but non-repetitive architectural elements.
(e) Storefronts may include awnings that fit within the limits of the lintel and are a minimum of seven feet above the grade. Awnings shall be fabric on a metal frame or of architectural aluminum construction/design.
(f) Storefront entrances shall be a minimum of three feet behind the front façade and include at least 80% transparent glass.
(g) Entrances to the upper floors shall be separate from the storefront.
(h) Secondary entrances are allowed from behind the storefront unit to provide access to parking areas; however, the front access must be maintained as the primary access.
(i) Providing a different look between storefronts to avoid repetitive architecture between storefronts is acceptable. If applied, alternating design features must be congruent and consistent with the overall feel of the building.
(j) Building signs utilizing individual letters may be required where a panel sign will detract from the aesthetics of the structure. Box style signs will not be permitted.
(7) To the extent feasible, residential structures shall be constructed to what may be reasonably regarded as premium quality standard through detailing in its design and architectural accessories and through utilization of materials generally well regarded for their quality in the home construction industry.
(8) Building walls.
(a) Buildings may be clad in vinyl siding, wood siding, cement siding, brick or stone. Stucco may be used.
(b) When using brick, a standard modular brick shall be used.
(c) All exposed foundation walls shall be faced with brick or stone.
(9) Building elements.
(a) Window trim is required around all windows on front elevations of non-masonry walls and must be three inches wide minimum.
(b) Corner boards are required on non-masonry walls on front facades and must be a minimum of three inches wide.
(c) Frieze trim is required under overhangs and gables on front elevations.
(d) Porch columns shall have a 6" x 6" minimum cross-section or diameter.
(e) Railing/column details in combination are required to vary from house to house and may vary between adjacent storefronts.
(f) Lintels in masonry walls must be brick soldier courses, stone, or patterned precast concrete.
(g) Overhangs at eaves shall be a minimum of 12 inches.
(h) Trim and corner boards may be wood, vinyl, or fypon.
(i) No exposed wolmanized wood is permitted on front facades.
(j) No two houses in a row may have the same color combination of wall, trim, windows, and shutters.
(k) All wood-burning fireplaces, chimneys, and all chimneys seen from the street shall be faced with masonry.
(l) Where direct-vent fireplaces occur, the exterior shed shall be designed to be integrated into the architecture.
(10) Windows and doors.
(a) Rear elevations must have a minimum of two windows.
(b) Windows shall be of square or vertical proportion.
(c) Accent windows may be circular, half-round, or octagonal. One accent window maximum per elevation is permitted unless used in a pair.
(11) Building roofs. Primary roofs shall have a minimum of 6:12 roof pitch. Porches may have a minimum of 3:12 roof pitch.
(12) Building height. Maximum building height is 45'-0" above grade for any primary structure (commercial or residential).
(13) Building entries/porches - residential.
(a) All homes shall provide an easily identifiable entry.
(b) Where overhangs occur at a front door, a 2'-0" deep overhang is required.
(c) All full porches shall be a minimum of 6'-0" deep. Entry coverings and stoops shall be a minimum of 3'-0" deep.
(14) Garages - residential.
(a) Garages must be attached.
(b) Front elevations shall be designed to de-emphasize the visual impact of the garage. A garage must be set back a minimum of 4'-0" from the primary face of the house. Second floors may project over the garage; porches and other architectural elements may project beyond the face of the garage; single-car garage doors are encouraged to lessen the scale of a two-car garage door.
(c) Side loaded garages are permitted with windows on the front façade.
(d) Minimum garage door width is ten feet.
(15) Lighting. Security spotlights are not permitted on the front façade of homes. Decorative fixtures shall be used in visible locations from the street.
(16) Wheelchair accessibility ramps. Ramps shall be constructed to blend into the architecture of the structure.
(17) Roofing. Three-tab asphalt shingles are not permitted.
(18) Fencing/hedges.
(a) Fencing shall comply with the development covenants and restriction or the following; whichever is more restrictive.
(b) No fencing in front yards other than 4'-0' wood, decorative iron or aluminum fencing. No fencing in side yards or between structures (to maintain access for safety services). Four-foot-tall fencing is acceptable in back yards; six-foot fencing may be approved to contain larger dogs. No chain-link fencing. High quality PVC and vinyl fencing is acceptable.
(19) Accessory buildings/sheds are not permitted for condominiums, town-house, bungalow or cluster style homes.
(20) Mechanical, electrical equipment and trash receptacles shall be screened from street view.
(21) Satellite dishes. Satellite dishes or similar devices must be placed in the backyard or rear roof and not visible from any street unless approved by the Planning Commission.
(22) Porches and decks.
(a) Enclosed porches intended for year-around living space are not permitted on the front or side elevations.
(b) Decks are not permitted on the front or side elevations.
(23) Mailboxes and paper-boxes shall follow the guidelines established by the developer and approved by Planning Commission.
(24) Large expanses of blank wall are to be avoided. Planning Commission must review and approve all building facades.
(25) Skylights shall be flat (not bubble type).
(26) Decks, porches and similar structures shall include skirting.
(27) Sheds shall comply with the development covenants and restrictions. Sheds shall be located no closer than 50 feet from the primary structure, at least 25 feet from an adjacent lot and no closer than two feet from a lot line. No metal or plastic sheds. Sheds shall be painted to match the primary structure.
(Ord. 2018-80, passed 11-20-18)