The purpose of the Planned Unit Development District (PUD) is to achieve, to the greatest possible degree, land development that is responsive to the natural and environmental assets and liabilities of a given site. The PUD should be a well-integrated development in terms of major design elements such as roads, drainage systems, utilities, and open space. The PUD also allows greater design flexibility so that natural features may be protected and development concentrated in an innovative and efficient manner.
(a) General Requirements. A PUD may be located in any area of the Village of New Concord where the applicant can prove that a proposed development would meet the purpose of this Section. The tract of land proposed to be developed as a PUD must be owned, leased, or controlled by one person or single entity, and must be at least 5 contiguous acres in size.
(b) Permitted and Conditional Uses. An applicant may propose to include any mixture of land uses which are listed as permitted or conditionally permitted in any zoning district, except industrial, with the following limitations: The proposed location of commercial uses shall not have an adverse impact upon adjacent property or the public health, safety, and morals. Not more than 35 percent of the gross acres in a proposed development may be devoted to commercial uses. Further, not more than 25 percent of the gross acres in a proposed development may be devoted to dwellings that are not detached single-family dwellings.
(c) Development Standards. The following standards represent broad parameters under which all PUD developments must be designed:
(1) Central Water & Sewer Facilities: All structures in developments approved as a PUD must be served by central water & sewer facilities.
(2) Clustering Residential Development & Density: Clustering residential density is permitted and encouraged to provide required common open space. Overall, the area devoted to residential land uses shall have a maximum total density of four dwelling units per acre of land (net acres, excluding roads). This total density may, however, be clustered in particular areas of the development to a level of up to 10 dwelling units per net acre in any given area, provided, however, that no less than forty (40) percent of the site is devoted to useful and desirable common open space established to provide recreational opportunities and to preserve unique environmental features on the site.
(3) Maximum Impervious Surface: For all areas proposed for residential uses in the development the amount of impervious surface proposed must not exceed 50 percent of the total developed residential area. For all areas proposed for commercial uses in the development, the amount of impervious surface proposed must not exceed 75 percent of the total commercial area.
(4) Development Layout and Design: Specific residential density, as well as, the development intensity of non-residential uses and the development design and layout shall be based on the applicant's ability to provide sufficient evidence to the Planning Commission and the Village Council that the overall development displays excellence in design by properly considering: significant natural and historic features, topography, natural drainage patterns, roadway access and circulation, surrounding land uses, the enhancement of the general welfare of the public, and aesthetically desirable land development. Attractive landscaped buffers shall be provided between incompatible land use and activities.
(5) Front, Side & Rear Setback Standards for Perimeter Lots: All lots that are located along the perimeter of the PUD shall have minimum front, side and rear setbacks equal to those that would normally be specified in the applicable conventional zoning district for the particular land use.
(6) Common Space: A minimum of forty (40) percent of the gross acres developed in the PUD shall be reserved for common open space for the residents of the area. This required amount of common space shall be established as open space forever and provisions shall be established for maintenance and care. The legal articles relating to any organization of property owners in the development charged with such open space maintenance is subject to review and approval by the Village of New Concord. The Village Planning Commission and/or Village Council may require as a condition of final approval, any evidence deemed necessary to document that the required common space will remain in its stated condition forever (including such as legal documents as deed restrictions, conservation easements, etc.).
(7) Front, Side, and Rear Setback Standards for Interior Lots: Within the PUD, the standards for setbacks shall be fully described in the proposed preliminary and final development plan submitted according to the requirements of this Section.
(8) Off Street Parking and Loading Facilities: For all land uses located within the PUD, the Parking and Loading standards contained in Article VI shall be applied.
(d) General PUD Approval Procedure. The applicant for a PUD must submit both a preliminary plan and a final development plan. Property must also be rezoned to PUD and the decision to approve a final development plan and to rezone a property PUD are done concurrently. The final development plan, with all conditions, stipulations, requirements become the zoning requirements for that particular property. All development restrictions described in the final development plan and supporting documents become the official zoning requirements of the subject property.
(e) Preliminary Development Plan Submission. The applicant shall submit 10 copies of a proposed preliminary plan to the Zoning Inspector along with the required application fee. The proposed preliminary development plan shall include the following:
(1) Background Information:
• Name, address and phone of the applicant
• Name and address of the registered surveyor, engineer and/or landscape architect who prepared the plan
• Legal description of the property
• Description of the present use of the property
• A statement of the conceptual overview of the development
• A description of the proposed provision of utilities
• A description of proposed ownership and maintenance of open spaces
• A description of the expected timing of the development
• A list of property owners within 500 feet of the proposed development
(2) Plan Drawing:
• A vicinity map
• A table showing the gross acreage devoted to various uses
• Location, type and density of development types
• Conceptual drainage plan
• Location of open spaces
• Buffers between incompatible land uses
• Proposed street layout
• Existing buildings, and any existing potential underground storage tanks
• Overlay maps showing topography in 2 foot increments (derived from field survey or aerial photography), and soil types.
(f) Additional Information and Fees. The Village Planning Commission may at its sole discretion, require additional information such as maps, data, or reports including environmental impact studies and an archaeological survey of the property prepared by an appropriate professional. The applicant shall be responsible for all reasonable expenses incurred by the Village in reviewing the preliminary and final development plans or any modifications thereof. Such expenses are beyond the application fees established by Village Council and may include professional service fees such as legal fees and the fees for the services of other professionals such as geologists, landscape architects, planners, engineers, environmental scientists, or architects, incurred in connection with reviewing the plans and prepared reports.
(g) Preliminary Plan Review. Within 30 days following the submission of the required information, a public hearing shall be scheduled on the proposed plan. Notice of this hearing shall be published in a newspaper of general circulation at least 15 days before such hearing. Notice of this hearing shall also be sent to all property owners within 500 feet of the proposed development.
(h) Preliminary Development Plan Review as a Subdivision.
(1) Concurrently, with the PUD review procedure described herein, all PUD developments must also be reviewed as a subdivision pursuant to the Village Subdivision Regulations. Where possible, reviews and hearings will be held concurrently to facilitate timely action on proposed developments. Whenever the requirements of this chapter conflict with requirements contained in the subdivision regulations, the provisions herein shall apply. Criteria for Approval of A Preliminary Development Plan.
(2) Within twenty (20) days following the public hearing, the Village Planning Commission shall act to approve, disapprove or conditionally approve the preliminary plan according to the following criteria:
• That the proposed development is in conformity with the goals and objectives of the comprehensive plan.
• That the benefits, improved arrangement, and the design of the proposed development justify the deviation from standard development requirements included in the New Concord Zoning Ordinance.
• That the uses requested in the proposal are compatible with surrounding land uses.
• That there are adequate public services (e.g., utilities, fire protection, emergency service, etc.) available to serve the proposed development.
• That the proposed development will not create overcrowding and/or traffic hazards on existing roads and/or intersections.
• That the arrangement of land uses on the site properly consider topography, significant natural features, natural drainage patterns, views, and roadway access.
• That the clustering of development sites are shown to preserve any natural or historic features and provide usable common open space.
• That the proposed road circulation system is integrated and coordinated to include a hierarchical interconnection of interior roads as well as adequate outer-connection of interior collector streets with off-site road systems.
• That there are adequate buffers between incompatible land uses.
• That the Village Planning Commission is satisfied that the developer possesses the requisite financial resources to begin the project within the required one year and complete the project within three years or within the phasing schedule.
(i) Effect of Approval of the Preliminary Development Plan. The Planning Commission approval of a preliminary plan will be considered an approval of the preliminary development plan in principle only. Approval of the preliminary plan does, therefore, not approve any development on the site nor shall it be construed to absolutely endorse a precise location of uses, shape of parcels, or engineering feasibility. Approval of the Preliminary Development Plan is necessary, however, before the applicant may submit a Final Development Plan to the Planning Commission and Village Council for approval and rezoning to PUD.
(j) Final Plan. The applicant shall submit ten (10) copies of the proposed Final Plan to the Village Zoning Inspector along with the required application fee. The final plan shall include all of the written information required for the preliminary plan application (See Section subsection (e) hereof) revised as necessary and:
• The specific description of permitted, conditionally permitted and accessory uses to be allowed in each area of the development.
• A copy of proposed deed restrictions.
• Besides the information provided on the preliminary plan, the final plan shall be drawn to a maximum scale of (1" to 100') and include:
• A survey of the proposed development site, showing dimensions and bearings of the property lines; area in acres; topography; and existing features of the development site, including major wooded areas, streets, easements, utility lines, and land uses;
• The location and dimensions of all lots, setbacks, and building envelopes.
• Engineering drawings and plans of sewer and water facilities as well as, street and drainage systems.
• Landscaping plan for all buffers and other common areas.
• Architectural guidelines to apply throughout the development.
• The proposed names of all interior streets proposed for the development.
• Layout and dimensions of all parking and loading areas along with an indication of what they are to be built to serve.
(k) Final plan and Rezoning Approval Procedure Process. The decision to rezone land to PUD and to approve the Final Plan are technically separate decisions. However, to provide for the efficient and timely processing of both the rezoning request and the request for final plan approval, all PUD final plan submissions are deemed to be an application for amendment to the Zoning Code according to Chapter 1181 All procedures (Planning Commission review, public hearing, and final action by Council), therein shall be followed in considering an application for a rezoning of the land in question to PUD. Upon approval of such application to rezone the property in question to PUD, the Zoning District Map of the Village of New Concord shall be amended to designate the project area as "PUD." Thereafter, with the concurrent approval of the rezoning and final plan, all development restrictions and conditions described in the Final Plan shall become official requirements of the PUD.
(l) Criteria of Approval - Final Plan. The New Concord Planning Commission and the Village Council of New Concord shall review the proposed Final Plan according to the following criteria:
• That the proposed development is in conformity with the Goals and Objectives of the comprehensive plan.
• That the proposed development advances the general health, safety and morals of New Concord.
• That the New Concord Planning Commission and Village Council are satisfied that the developer possesses the requisite financial resources to begin the project within the required one year and complete the project within three years or within the phasing schedule.
• That the interior road system, proposed parking, and any off-site improvements are suitable and adequate to carry anticipated traffic generated by and within the proposed development.
• That any exception from standard district requirements can be warranted by design and other amenities incorporated in the final development plan, according to these PUD requirements.
• That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
• That the existing and proposed utilities, including water and sewer service, and drainage plan will be adequate for the population densities and non-residential uses proposed in the PUD.
(Ord. K-5-94-2. Passed 5-9-94.)